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Energy Transitions and the Emerging Energy Law in Africa

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Abstract

Access to modern energy is crucial to addressing challenges such as poverty, famine and gender inequality in Africa, where over 600 million people do not have access to electricity and clean cooking facilities. Additionally, the anticipated population growth, urbanisation and industrialization will naturally require the utilization of all the available energy resources due to the increase in energy demand and consumption. With existing energy sources such as fossil fuels being the main contributor to climate change, African governments are faced with the dilemma of addressing the energy and economic challenges on the continent and at the same time transition to a low-carbon development pathway. This chapter explores the emerging regional regulatory policies, initiatives and programmes governing the main energy resources in Africa. Specifically, the regulation of renewable energy sources and technologies will be examined, focusing on their generation, transmission and distribution. Considering traditional challenges in the energy sector in Africa, such as climate change, low technologies, inadequate energy infrastructure and capital, the chapter argues for legal and policy reforms relating to the energy market to ensure sustainable and just energy transitions.

Abstract

Access to modern energy is crucial to addressing challenges such as poverty, famine and gender inequality in Africa, where over 600 million people do not have access to electricity and clean cooking facilities. Additionally, the anticipated population growth, urbanisation and industrialization will naturally require the utilization of all the available energy resources due to the increase in energy demand and consumption. With existing energy sources such as fossil fuels being the main contributor to climate change, African governments are faced with the dilemma of addressing the energy and economic challenges on the continent and at the same time transition to a low-carbon development pathway. This chapter explores the emerging regional regulatory policies, initiatives and programmes governing the main energy resources in Africa. Specifically, the regulation of renewable energy sources and technologies will be examined, focusing on their generation, transmission and distribution. Considering traditional challenges in the energy sector in Africa, such as climate change, low technologies, inadequate energy infrastructure and capital, the chapter argues for legal and policy reforms relating to the energy market to ensure sustainable and just energy transitions.

Chapters in this book

  1. Frontmatter I
  2. Preface V
  3. Preface IX
  4. Table of contents XIII
  5. Notes on contributors XVII
  6. Abbreviations XIX
  7. Introduction: Comparing Low-Carbon Transitions 1
  8. Part I: Methods and Concepts
  9. Editorial introduction 21
  10. Inter- and Trans-Disciplinary Research in the Energy Sector: an Overview 27
  11. Energy Governance Models 41
  12. Meanings of Energy Justice in the Low-Carbon Transition 65
  13. Energy Policy Instruments for a Low-Carbon Energy Transition 81
  14. Implementation and Enforcement Mechanisms in Energy Law 99
  15. Part II: Energy Markets
  16. Editorial introduction 119
  17. Interaction between Renewable Energy Integration and Wholesale Electricity Markets: a Legal and Regulatory Perspective 123
  18. The Role of Natural Gas in the Energy Transition 145
  19. Nuclear Energy and the Low-Carbon Transition: Exploring Potential Trade-Offs and Risks Involved with Enhancing Energy Access while Fighting Climate Change 165
  20. Accelerating the Phase Out of Coal in Australia: Key Trends and Drivers 183
  21. The Changing Role of Energy Networks in the Energy Transition 203
  22. Legal/Policy Tools and Strategies for Hydrogen in the Low-Carbon Transition 217
  23. The Financial Side of Energy Markets 241
  24. Greening Global Value Chains 255
  25. Part III: Regional Experiences
  26. Editorial introduction 273
  27. Energy Transitions and the Emerging Energy Law in Africa 277
  28. Energy Transition Pathways for Asia and the Pacific: Regulatory Policies and Challenges for Renewable Energy Development 291
  29. Governing for Net-Zero in the European Union 309
  30. The Low-Carbon Transition in North America 329
  31. Legal Pathways to Decarbonization in Latin America 339
  32. Part IV: National Experiences: Introduction
  33. Editorial introduction 363
  34. Energy Law and Regulation in Australia 369
  35. Brazil’s Energy Transition and Climate Litigation 387
  36. Legal Pathways of Decarbonization in China: The Emissions Trading Perspective 401
  37. Chronicling Energy Law in India in the Era of Low-Carbon Transition 413
  38. Energy Law in the Low-Carbon Transition in Japan: The Tough Road to a Low-Carbon Society after the Fukushima Nuclear Crash 435
  39. Mexico: Energy Transition in an Uncertain Legal and Institutional Setting 451
  40. Polish Pathway to Just Transition: Energy Law and Policy Trapped Between Sustainability and Security of Supply 467
  41. Part V: Local Experiences
  42. Editorial introduction 493
  43. Energy Communities: Comparative Perspectives from the EU and the US 497
  44. Realizing Peer-to-Peer Trading in the Electricity Market in the EU and its Member States 513
  45. Subnational Policies Driving Low-Carbon Mobility in the United States 531
  46. The Role of Cities in Low(er)-Carbon Transition 557
  47. Conclusion: Legal Knowledge for the Low-Carbon Transition 577
  48. Index 595
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