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Full-Text Articles in Law

The Role Of Investment Treaties And Investor–State Dispute Settlement (Isds) In Renewable Energy Investments, Ladan Mehranvar, Sunayana Sasmal Dec 2022

The Role Of Investment Treaties And Investor–State Dispute Settlement (Isds) In Renewable Energy Investments, Ladan Mehranvar, Sunayana Sasmal

Columbia Center on Sustainable Investment

Achieving our global goals of universal access to clean energy and averting a climate crisis will require a mass scale-up of investments in renewable energy infrastructure, redirecting capital from carbon intensive energy and transport systems. The International Renewable Energy Agency estimates that the transformation of the energy system alone will need cumulative investments to reach USD 110 trillion by 2050 to keep the rise in global temperatures to well below 2°C and towards 1.5°C during this century. Of that amount, over 80% will need to be invested in renewables, energy efficiency, end-use electrification, and power grids and flexibility.

The private …


Scaling Investment In Renewable Energy Generation To Achieve Sustainable Development Goals 7 (Affordable And Clean Energy) And 13 (Climate Action) And The Paris Agreement: Roadblocks And Drivers, Mithatcan Aydos, Perrine Toledano, Martin Dietrich Brauch, Ladan Mehranvar, Theodoros Iliopoulos, Sunayana Sasmal Dec 2022

Scaling Investment In Renewable Energy Generation To Achieve Sustainable Development Goals 7 (Affordable And Clean Energy) And 13 (Climate Action) And The Paris Agreement: Roadblocks And Drivers, Mithatcan Aydos, Perrine Toledano, Martin Dietrich Brauch, Ladan Mehranvar, Theodoros Iliopoulos, Sunayana Sasmal

Columbia Center on Sustainable Investment

The zero-carbon energy transition is the solution to the 2022 energy crisis and a fundamental part of the solution to the global climate crisis. Yet, there are relatively low levels of investment in renewable energy in developing countries, hindering their achievement of the Sustainable Development Goals (SDGs) and contribution to the Paris Agreement goals.

In 2021, the Asia–Pacific region (excluding China) accounted for less than 8% of investments in energy transition technologies, Latin America and the Caribbean for less than 4%, and Africa and the Middle East for less than 2%. Annual investment in zero-carbon energy in developing economies other …


Scaling Investment In Renewable Energy: Roadblocks And Drivers – Executive Summary, Mithatcan Aydos, Perrine Toledano, Martin Dietrich Brauch, Ladan Mehranvar, Theodoros Iliopoulos, Sunayana Sasmal Dec 2022

Scaling Investment In Renewable Energy: Roadblocks And Drivers – Executive Summary, Mithatcan Aydos, Perrine Toledano, Martin Dietrich Brauch, Ladan Mehranvar, Theodoros Iliopoulos, Sunayana Sasmal

Columbia Center on Sustainable Investment

The zero-carbon energy transition is the solution to the 2022 energy crisis and a fundamental part of the solution to the global climate crisis. Yet, there are relatively low levels of investment in renewable energy in developing countries, hindering their achievement of the Sustainable Development Goals (SDGs) and contribution to the Paris Agreement goals.

In 2021, the Asia–Pacific region (excluding China) accounted for less than 8% of investments in energy transition technologies, Latin America and the Caribbean for less than 4%, and Africa and the Middle East for less than 2%. Annual investment in zero-carbon energy in developing economies other …


Renewable Energy And The Wto: The Limits Of Government Intervention, James J. Nedumpara Sep 2022

Renewable Energy And The Wto: The Limits Of Government Intervention, James J. Nedumpara

Indian Journal of Law and Technology

This paper examines the role of the government in designing and supporting renewable energy programs and the compatibility of such interventions with various covered agreements of the World Trade Organisation (‘WTO’). The WTO treaty does not provide a special framework for renewable energy and a number of programs are susceptible to WTO challenges and domestic trade contingency measures. Of particular interest to developing countries such as India will be the availability of necessary policy space in fostering various renewable energy programs. This paper discusses the current treaty provisions of the WTO, especially the Agreement on Subsidies and Countervailing Measures (‘SCM …


The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani Sep 2022

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments …


Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr. Aug 2022

Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.

Indonesia Law Review

International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …


China’S Global Monopoly On Rare-Earth Elements, Gustavo Ferreira, Jamie Critelli Mar 2022

China’S Global Monopoly On Rare-Earth Elements, Gustavo Ferreira, Jamie Critelli

The US Army War College Quarterly: Parameters

This article delivers a novel economic analysis of US dependence on China for rare-earth elements and sheds light on how Western nations may exploit the limitations of limit pricing to break China’s global monopoly in rare-earth element production and refinement. This analytical framework, supported by a comprehensive literature review, the application of microeconomic and industrial organization concepts, and two case-study scenarios, provides several policy recommendations to address the most important foreign policy challenge the United States has faced since the end of the Cold War.


Parameters Spring 2022, Usawc Press Mar 2022

Parameters Spring 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor, Antulio J. Echevarria Ii Mar 2022

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Regional Cooperative Federalism And The Us Electric Grid, Hannah Jacobs Wiseman Feb 2022

Regional Cooperative Federalism And The Us Electric Grid, Hannah Jacobs Wiseman

Journal Articles

The U.S. Constitution makes no direct mention of regional governing entities, yet they are an entrenched part of our federalist system. In the area of electric grid governance, the federal government enlists independent, private entities called regional transmission organizations (RTOs) to implement federal policy and achieve state energy goals. RTOs are the most prominent form of regional cooperative federalism, yet other policy spheres, such as opioid control, encompass a similar approach. This is a twist on the classic form of cooperative federalism, in which the federal government relies upon individual states to achieve federal mandates.

The regionally governed electric grid …


A Contentious Crop: Exploring The Regulatory Debate Of Solar Power Production Facilities In Kittitas County, Washington, Daphne Condon Jan 2022

A Contentious Crop: Exploring The Regulatory Debate Of Solar Power Production Facilities In Kittitas County, Washington, Daphne Condon

All Master's Theses

Between 2010 and 2018, Kittitas County, Washington faced an influx of Solar Power Production Facility (SPPF) proposals that challenged its traditional rural land management governance. Despite state support of decarbonized energy, variegated interpretations of project permitting procedures induced heated contentions amongst stakeholders. To explore this, this research constructs a multijurisdictional legal framework for SPPF advancement. It uses these laws to divulge the permitting processes of three case study projects founded in Kittitas County’s renewable energy history: The Wild Horse Wind Facility, the Iron Horse Solar Project, and the Columbia Solar Projects. Through a mixed methodology of project archival analysis and …


Time Of Renewables, K.K. Duvivier, Haley Balentine Jan 2022

Time Of Renewables, K.K. Duvivier, Haley Balentine

Sturm College of Law: Faculty Scholarship

100% renewable energy is increasingly becoming a goal in the United States, and it makes sense for both climate and cost reasons. First, generating electricity from renewable resources, instead of fossil fuels, avoids climate-changing carbon and methane emissions. Second, solar and wind power involve technologies that now represent the lowest cost options for new electricity generation in many parts of the country. Transitioning from a 19th century fossil-fuel grid to 100% renewables involves technical and economic challenges, but some of the greatest challenges are due to policy. In 2005, Congress enacted policies to encourage the more efficient use of electricity …


Who Decides Where The Renewables Should Go?: A Response To Danielle Stokes’ Renewable Energy Federalism, Michael B. Gerrard Jan 2022

Who Decides Where The Renewables Should Go?: A Response To Danielle Stokes’ Renewable Energy Federalism, Michael B. Gerrard

Faculty Scholarship

One of the central tasks in addressing the climate crisis is transitioning from an energy system based on fossil fuels to one that mainly uses renewable energy. In her article “Renewable Energy Federalism,” Professor Danielle Stokes has highlighted one of the key impediments to this transition — delays in state and local permitting of renewable energy facilities. She has proposed a new approach that would give more authority to the federal government. Stokes’ approach has much to commend it. However, I differ on some aspects.

I will begin by describing the magnitude of the problem — the amount …


A Time For Triage, Michael B. Gerrard Jan 2022

A Time For Triage, Michael B. Gerrard

Faculty Scholarship

The world is desperately behind in the energy transformation needed to avoid the worst impacts of climate change. Catching up requires a massive buildout of wind and solar power and associated infrastructure, but in the United States many impediments stand in the way. Among them, ironically enough, are environmental laws. Here I argue that we must accept difficult tradeoffs, sacrificing some of what we consider precious in order to avoid far worse impacts.