bluuebunny/crossref_metadata_2025_split huggingface dataset:
Dispute in Climate Change Adaptation Finance – Towards a convergent outcome for the COP-15
Authors: Peart Nicola 
Published: April 2022

Given that the challenges resulting from climate change arise from transboundary harm, the global community must come together to address both causes and consequences. Furthermore, because there are multiple and different sovereign interests and needs at stake, it is essential that Parties are able to firstly approach the problems and solutions using a common terminology and understanding, and secondly arrive at solutions that give rise to effective results.
This article looks at the current negotiations under the United Nations Framework Convention on Climate Change that brings sovereign states together to address transboundary harm caused by anthropogenic greenhouse gas emissions. In particular, it focuses on the negotiation of a financial architecture required to support adaptation to climate change impacts, and discusses the positions of five Parties selected to capture a range of interests, economic development, vulnerability and responsibility for climate change (namely, the European Union, the United States of America, India, China and the Alliance of Small Island States).
This article presents a commentary on the trends in Party positions, and provides some historical and current context for explaining why Parties take certain positions on elements of an adaptation finance package.
The Pillars of Sustainable Development: A Comparative Analysis of their Status in Vicennial Environmental Conferences
Authors: Sung Woong Kyu 
Published: April 2022

Copyright of this article is owned by the Environmental Law Reporter, but is published with their permission. The United Nations Conference on Sustainable Development, also known as Rio 20, came to an end a year ago. For more than 40 years, ever since the United Nations convened the first environmental conference in Stockholm in 1972, the international community has raised its collective voice for conservation, protection, and promotion of the environment. This article examines the text of the declaratory outcomes produced by three monumental international conferences in the field, and identifies the progression and regression of the environmental, social, and economic pillars of sustainable development. The transition of focus from environmental protection to sustainable development and to a green economy in these conferences accompanied the substantive and quantitative changes in the balance between the three pillars, which have transformed the theory of sustainable development and the impetus to realize it in practice. The author presents a host of questions on the meaning of this transformation and responds as to whether it satisfies the international community's original consensus on the concept of sustainable development.
The Nigerian Oil Industry and the Economic Reform Agenda
Authors: Odiase-Alegimenlen O.A. 
Published: April 2022

Due to the dynamism of human existence, there is always the need for constant change and adaptation. This tendency for change is reflected in the ongoing reform of Nigeria's economic sector. The focus is the withdrawal of government from commercially oriented activities, (so that it can concentrate on governance) and replacement by private operators. This manifests in the oil sector as reform of both the law and policy of the upstream and downstream aspects of the industry, to allow for participation by private indigenous enterprises and reform of the pricing of petroleum prices especially removal of petroleum products price subsidy by government. It also reflects in a change in the treatment of the host communities. Another key aspect of the reform is the encouragement of financial transparency in the industry to address the corruption, which has arisen as a result of the government monopoly of the sector. This paper examines these reforms and their ability to bring about change in the sector. It also assessed the reform of the Energy law of the EU whereby the EU treaties relating to energy, with specific reference to oil, have become part of the laws operating within member countries. A salient aspect of the EU Energy laws is that all aspects of energy are regulated by the prevalent Energy regulations in a holistic manner in a bid to create synergy of the industry. The paper postulates that the difficulty in sustaining the reforms could result in eventual failure of the reform. It speculates that this is not because the government lacks the power to drive the reforms, but seems bereft of the spirit or political will to remove itself from the oil business thereby truncating the drive towards full market development of the industry, a feat which has been achieved substantially in the EU States.
Selling Hydrocarbon Concessions: A Case Study of the A.P. Moller Sole Concession with Special Regards to the Transferability of Concessionary Privileges
Authors: Nielsen Rasmus Grønved 
Published: April 2022

This study examines selected transferability issues arising from A.P. Moller – Maersk A/S’s (APM’s) recent sale of its Sole Concession to explore for and produce hydrocarbons. To do so, the article accounts for the motley history of the Sole Concession focusing on the tendency to resolve disputes through negotiation and agreements. It is the article’s main hypothesis that the Sole Concession and its appurtenant agreements have a hybrid legal nature. Using an integrative private–public law approach, the article analyses some of the issues related to the transferability of negotiated privileges linked to the Sole Concession. It is concluded that to fully comprehend the complexity of the Sole Concession and the transferability issues, it is necessary to draw on both private and public law norms and arguments. The conclusion is put into perspective by reference to the Continental European concept of ‘administrative contracts’.
Concessions, Concessionary Privileges, Denmark, Transferability, Negotiated Regulation, Administrative Contracts
Nord Stream 2: A Political Economic Crime Novel and Its EU Legal Consequences
Authors: Himmelreich Jörg 
Published: April 2022

Hardly any other energy infrastructure project is as politically and legally controversial in the EU as Nord Stream 2, with the project company’s headquarters in Zug, to export gas from Russia through the Baltic Sea to Germany. This European infrastructure project is an excellent example of the intertwined economic, political and legal implications inherent in any such energy project in the EU single market.
Just like an exemplary model case of a European law textbook, the following article aims to give an insight into the constantly developing new architecture of European energy law in the internal gas market, together with its European policy background, by means of concrete individual questions raised by this case. To this end, it proposes to take the concrete legal questions of this case and selectively illustrate the detailed and complex nesting of European law competences of the EU with the national competences of an EU Member State, here the Federal Republic of Germany, that regulates the EU internal gas market. This article focuses on the legal regime of exemptions from the legally required competitive conditions for the EU internal gas market, which is established by the relevant EU Gas Directive 2009/73EG in its Article 36 and Article 41a and its German implementation under Article 28a and 28b EnWG (Energiewirtschaftsgesetz, i.e. Energy Industry Act). This also includes a detailed presentation of the history of amendments to these standards. Finally, it should be made clear which legal, political and ultimately also economic risks await any investor in infrastructure projects with a construction period of several years on the EU internal market should they try to push through their large-scale project unchanged during the amendment of decisive relevant legal regulations by standard-setting EU authorities and against expanding political resistance in the EU and in EU Member States. These risks affect every investor who is involved in the EU internal market.
Nord Stream 2, EU gas market, competition requirements, Russia, Gazprom, European energy security, Energy Charter Treaty, US sanctions, German Federal Network Agency, German Energy Industry Act (EnWG=Energiewirtschaftsgesetz)
Liability for Violation of Environmental Legislation in the EU
Authors: Shestak Viktor , Katsuba Sergei , Kvasnikova Tatiana , Bokov Yuri 
Published: April 2022

The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures.
environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
Gas Transit Development in Europe and Beyond: In an Era of Geopolitical Influence and Climate Change Pressures
Authors: Huomo Laura , Wilby Claire 
Published: April 2022

With the background of the political and geopolitical factors that determine where energy players can operate plus the complications that the pandemic has brought to operations and the change in energy demand, the article considers how to tackle gas transit development. In addition, it looks the development in light of the impact of the climate change challenge that conventional energy companies and investors are faced with and the resulting diversification needs. Lender reluctance to finance ‘dirty’ energy projects is changing the dynamics for investment. Gas is still promoted by significant industry players and lenders but as governments move towards their clean energy goals, access to funding for any non-renewable projects is looking to become more limited.
Many industry players are still of the view that a renewable track cannot be built without a parallel track of gas supply to add to the energy mix. And indeed, the European Green Deal published in December 2019 introduces new ideas for the usage of existing gas infrastructure and there are still largescale cross-border natural gas pipelines under development and construction.
The article addresses the steps that are needed to get a pipeline project from drawing board stage to implementation and operations. This is considered from a legal perspective, including looking at the ways in which to raise finance – through debt, equity and other funding sources. A focus of the article is the European Union Funding available to energy projects and how the policy is shaping the energy landscape. The upcoming regulatory changes relating to European Union financing instruments such as the Trans-European Networks for Energy Regulation (the “TEN-E”) which steers investment away from oil and gas pipelines and will offer financing opportunities for other types of smart grids and hydrogen and CO2 pipelines. It has been indicated that oil pipelines and electricity highways are to be removed as infrastructure categories and thematic areas and will no longer be suitable to be financed by the Connecting Europe Facility (“CEF”).
Gas transit geopolitical climate change EU-funding
Small Systems: Big Impacts - Examining the Concept of Microgrids from an EU Law Perspective
Authors: Behrendt Jamie 
Published: April 2022

Microgrids are generally understood to be localized electricity systems in which electricity is produced and consumed by the users connected to the grid. The system is increasingly considered to be a valuable additional and alternative way of operating the electricity systems across the European Union (EU) and beyond, especially within the context of the energy transition. Yet, in the EU microgrids are not legally defined. The lack of a legal definition creates uncertainty which limits the system’s potential to allow consumers to take up a more active role in the electricity sector and diversify the energy sources within the electricity mix. This article analyses the use of microgrids from an EU law perspective, identifying the challenges that will be faced by both regulators and microgrid users. Based on an assessment regarding the purpose, size, operation modes, and supporting qualities of the microgrid, this article ultimately provides a basis for developing a legally valid definition suitable for the EU legal framework.
EU law, microgrids, decentralized electricity systems, legal regulation, energy transition
Implementing the Aarhus Convention
Authors: Yerezhepkyzy Roza , Shestak Viktor , Egorov Andrey , Sadvokassov Asset 
Published: April 2022

The United Nations Economic Convention for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) is a peremptory international treaty that enshrines the procedural public rights to access environmental information, to make decisions regarding the environment, and to protect the right to a healthy environment. However, the Russian Federation is still not a party to this Convention. The analysis of the legislation of the Russian Federation in the context of its compliance with the Aarhus Convention is carried out to identify the reasons for not ratifying this agreement. The article aims to: 1) argue the need to ratify the Aarhus Convention by the Russian Federation; 2) develop an effective legal mechanism to ensure the implementation of its provisions. By applying the conceptual method, the provisions of the Aarhus Convention were analysed, its key requirements were studied, and the fundamental role of this treaty in the field of harmonizing relations ‘human-environment’ was determined. Through the combined application of conceptual and comparative methods, an analysis of the environmental legislation of the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus was carried out. Through the combined application of statistical and comparative methods, the effectiveness of environmental policy in the studied states in the context of the Aarhus Convention was identified and compared. As a result of the study, the need for the ratification of the Aarhus Convention by the Russian Federation was stated along with measures proposed for Convention implementation. In addition, attention was focused on the need for a comprehensive approach to the implementation of the provisions of this Convention.
access to environmental information, access to justice, criminal liability, environmental legislation, healthy environment; international law
International Cooperation on Climate Change Mitigation: The Role of Climate Clubs
Authors: Leal-Arcas Rafael , Filis Andrew 
Published: April 2022

We know the science of climate change; we know the economics of climate change; we also know the law of climate change. However, we do not know how countries may come together to cooperate on climatechange mitigation. One way of doing so successfully is by putting together the climate regime with the international trading system via the creation of climate clubs, namely the coalition of the willing. This article aims to explain that, by building climate clubs and making use of the international trading system, we can reach a better future for all. Through the lens of international trade, this article explores how smaller coalitions (so-called climate clubs) – unilateral, bilateral, plurilateral, rather than multilateral regimes – of states/non-state actors can catalyze or influence action on climate change.
The premise of this article is that global action on climate change has not been effectively implemented, as it relies on consensus from too many actors. Thus, it proposes how international trade mechanisms may be re-oriented to address climate change. The article challenges the assumptions about the existing multilateralagreement regime, and argues that reducing dependence on these multilateral mechanisms may influence greater attainment of sustainability goals (more flexible, not reliant on difficult-to-gain consensus among many actors). The article, therefore, examines the future of international regimes and how they may contribute to climate-change mitigation. Its forwardlooking orientation – how international trade can leverage climate-change mitigation – is an important and novel contribution in examining how environmental concerns can be included into international regimes. What changes will look like and how change is attained (through policy, regulations, law, agreements, incentives) may contribute to developing global- level institutional solutions for how climate-change mitigation is framed in international regimes and discourses.
The article also addresses emerging academic research into climate clubs in international climatechange mitigation institutions/regimes. The article contributes to growing discourses in global climate governance for how these arrangements and agreements should look/be designed to create real action on climate-change mitigation. Therefore, it expands on existing scholarship through taking a specific lens (international trade) and how it may contribute to mitigating climate change through coalitions (climate clubs) beyond how the existing international regime is configured.
climate clubs, minilateralism, legitimacy, multilateralism, accountability, international trade
Private Governance of Electricity Supply to End Users: The Range and Limitations of Unilateral Variation Clauses and Contractual Discretion in Commercial Electricity Supply Contracts
Authors: Hansen Ole , George Ritchie Hamish 
Published: April 2022

Within the boundaries set by public regulation, the drive towards liberalized energy markets in Europe has created space for commercial contracts as a governance tool, aiming to align market activity with fundamental notions of public interest. Concurrently, contractual practice from electricity supply markets show suppliers reserve themselves the authority to change terms and conditions for business customers within the contract period. Such clauses challenge basic principles of contract law, potentially leaving business users in a regulative vacuum, where neither administrative nor contract law doctrines can be relied upon to curtail supplier discretion. Despite this, unilateral variation clauses cannot be assumed to entail an unlimited right for electricity suppliers to dictate the content of the end users obligations. This article examines the legal effect of unilateral variation clauses in commercial standard terms for electricity supply in England and Denmark. Based upon the complex regulatory patterns, and the resulting hybrid nature of contractual practices, we show how contractual discretion is restricted by standards of interpretation. These standards emerge from public law, but will also be recognized as governance structures in certain purely commercial settings.
Electricity, supply contracts, private governance, variations, authority, discretion, unfairness, interpretation, liberalization
Digital humaniora, datorisering och litteraturvetenskap i en digitaliserad värld
Authors: Berglund Karl , Jansson Oscar , Rahm Lina 
Published: April 2022

De senaste decennierna har ”digital humaniora” nämnts i otaliga sammanhang och kommit att påverka litteraturvetenskaplig utbildning och forskning – trots att begreppets innebörd alltjämt är omdebatterad. Är det en ny disciplin eller specialisering av forskning och undervisning som redan bedrivs? På vilka sätt hänger digital humaniora ihop med samhällets och universitetens datorisering? Är det ett svar på hur litteraturen kan förstås i en digitaliserad värld, eller en fingervisning om litteraturvetenskapens framtid? För att reda i begreppen bjöd TFL-redaktionen in till ett panelsamtal via videolänk, av och med Karl Berglund (Uppsala universitet), Oscar Jansson (Lunds universitet) och Lina Rahm (KTH).
Levels of Enjoyment in Class Are Closely Related to Improved English Proficiency
Authors: Inada Takako 
Published: April 2022

This study investigated the factors, such as students&rsquo; foreign language enjoyment, their foreign language classroom anxiety, the teacher&rsquo;s language choice (English-only instruction versus English instruction with limited legitimate Japanese support), and demographics that affect improvement in English proficiency in EFL communicative classes. Ninety-three college students in Japan participated in this research, for which they completed a questionnaire after the seventh lesson of 14 total lessons during a semester. In addition to t-tests, a stepwise multiple linear regression analysis was performed using the dependent variable of the change in every student&rsquo;s scores between the midterm and the final examination and six independent variables: age, gender, nationality, the teacher&rsquo;s language choice, anxiety levels, and enjoyment levels. The results reveal that higher levels of enjoyment in class are significantly correlated with improvement in students&rsquo; English proficiency. The present study suggests that enjoyment levels, instead of anxiety levels, affect improvement in students&rsquo; English proficiency regardless of teachers&rsquo; language choices. Therefore, it is important for teachers to provide classes that are enjoyable for students by motivating and providing the students with activities in which they will succeed, thereby ensuring their self-confidence.
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