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Energy Transition in a Transnational World
Within the sphere of environmental law, the climate crisis is increasingly understood to be an intersectional challenge that implicates and exacerbates existing systemic challenges and prevailing pathways of inequality. From this vantage point climate change also creates opportunities for rethinking the role of law in limiting the destructive impacts of climate change and moving towards a more sustainable and equitable world in the process. This view is advanced by the climate justice movement, which is swelling in influence worldwide. Drawing from the environmental justice movement, the climate justice movement exposes not only how social and economic inequality has led to and perpetuates patterns of climate change, but also how climate change deepens inequality by disproportionately affecting the most vulnerable members of society. Climate justice seeks greater emphasis on this issue and advocates on the part of those most affected by climate change. The movement envisions a world which simultaneously curtails the negative effects of climate change and reshapes existing social, political, and economic relationships along the way.
Amidst the overlapping crises of modern times, the modern climate justice movement is reviving dialogue at the intersection of feminism, environmentalism, social and economic justice, and other progressive law reform movements, as well as creating the space and momentum for intersectional ideas to flourish. For lawyers and legal scholars, the opportunity is to see climate change and environmental degradation within its broader social context and to seize upon the rule of law as a powerful tool for change.
Nowhere are these intersecting challenges as acute as in the context of energy. One of the principal aims of the climate justice movement is to achieve a just and equitable transition from an extractive economy to a regenerative economy. This requires transitioning from fossil fuel-dependent to low and zero-carbon economies. However, the pathways for overhauling energy systems worldwide remain indeterminate. Energy systems are evolving in response to a combination of law and policy changes, developments in energy technologies, and market forces. Moreover, given both the entrenched nature of fossil fuel economies and the varied social, political, economic, and environmental factors that shape energy transition, pathways to decarbonization are bound to be beset with complex trade-offs, such as those between energy security and environmental objectives, or between energy choice and economies of scale. The precise contours of these systemic changes vary from country to country, and remain under-explored both within their national contexts and from a broader transnational perspective. This knowledge gap is critical. Understanding how, why, and to what end states are restructuring their energy economies is essential for transitioning to more environmentally sustainable and just societies worldwide. In short, this is an area in need of experimentation and iterative learning. It is a subject ripe for greater scholarly focus, particularly at the transnational level, where improved learning and sharing is indispensable for achieving the global-level shifts needed to address climate change. Adapted from: Etty, Thijs et al. “Energy Transition in a Transnational World.” Transnational Environmental Law 10.2 (2021): 197–204. Available athttps://www.cambridge.org/core/journals/transnational-environmentallaw/article/energy-transition-in-a-transnationalworld/9F9D4229588B39C0E5916DFBE82EA046