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9 - Legal Aspects of Energy Policy

from Part I - Multidisciplinary Perspectives

Published online by Cambridge University Press:  10 June 2019

By
Tibisay Morgandi  and
Jorge E. Viñuales
Edited by
Marc Ozawa ,
Jonathan Chaplin ,
Michael Pollitt ,
David Reiner  and
Paul Warde
Marc Ozawa
Affiliation:
Energy Policy Research Group, University of Cambridge
Jonathan Chaplin
Affiliation:
University of Cambridge
Michael Pollitt
Affiliation:
Judge Business School, Cambridge
David Reiner
Affiliation:
Judge Business School, Cambridge
Paul Warde
Affiliation:
University of Cambridge
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Summary

This chapter discusses the importance of the legal aspects of energy policy. It advances two main propositions: (a) different legal expressions of similar energy policies have different implications for the effectiveness and overall impact of a policy, and (b) the choice of legal expression is highly constrained by (i) law as a technology (i.e., the tools available to translate a policy into legal terms), (ii) the need to fit the policy within a broader legal framework and (iii) the underlying economic, social and political considerations affecting the choice of certain legal expressions. The chapter illustrates these two propositions by reference to three case studies relating to the extraction of shale gas in the EU, decarbonisation in the United States, and state support for renewable energy in India.

Keywords

energy lawfrackingClean Power Planlocal content requirementsfeed-in-tariff schemesenergy transitions
Type
Chapter
Information
In Search of Good Energy Policy , pp. 89 - 98
Publisher: Cambridge University Press
Print publication year: 2019

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