Just Energy Transition: Legal Challenges Associated with Coal Phase Out

ŠVEC, Martin. Just Energy Transition: Legal Challenges Associated with Coal Phase Out. In 117. Annual Meeting of the American Society of International Law. 2023.

Basic information

• Original name: Just Energy Transition: Legal Challenges Associated with Coal Phase Out
• Name (in English): Just Energy Transition: Legal Challenges Associated with Coal Phase Out
• Authors: ŠVEC, Martin.
• Edition: 117. Annual Meeting of the American Society of International Law, 2023.

Other information

• Type of outcome: Presentations at conferences
• Confidentiality degree: is not subject to a state or trade secret
• WWW: URL
• Tags: energetická bezpečnost, energetická krize, energetická transformace, energetické právo, energetický trh, International law, klimatické právo, Pařížská dohoda, právo životního prostředí, sustainable development, udržitelnost, uhlí, UNFCCC

Abstract

An accelerated coal phase-out is critical to the global energy transition and climate mitigation. According to the Secretary-General of the UN, the phasing out of coal in OECD nations should be carried out by 2030 and by 2040 in the rest of the world. However, coal cannot be viewed only as a source of CO2 emissions, it is also the largest source of electricity generation. The importance of coal, especially for developing countries, makes a transition to low-carbon energy systems particularly challenging. COP 26 in Glasgow reminded us that a global consensus on the importance of reducing greenhouse gasses does not mean that the energy transition is to be an easy process. Indian Environment Minister Bhupender Yadav made it very clear: “Developing countries have a right to their fair share of the global carbon budget and are entitled to the responsible use of fossil fuels." Hence, coal phase-out policies need to be accompanied by ambitious renewable energy phase-in strategies to ensure that political, economic, legal, social risks associated with the coal phase out are well addressed. In other words, without just energy transition, the Paris Agreement remains can hardly be implemented. Negative impact of coal phase out on coal regions (jobs, stable and affordable electricity) is at the core of the just energy transition. This panel aims to critically assess the role of legal tools in accelerating energy transition.

Abstract (in English)

An accelerated coal phase-out is critical to the global energy transition and climate mitigation. According to the Secretary-General of the UN, the phasing out of coal in OECD nations should be carried out by 2030 and by 2040 in the rest of the world. However, coal cannot be viewed only as a source of CO2 emissions, it is also the largest source of electricity generation. The importance of coal, especially for developing countries, makes a transition to low-carbon energy systems particularly challenging. COP 26 in Glasgow reminded us that a global consensus on the importance of reducing greenhouse gasses does not mean that the energy transition is to be an easy process. Indian Environment Minister Bhupender Yadav made it very clear: “Developing countries have a right to their fair share of the global carbon budget and are entitled to the responsible use of fossil fuels." Hence, coal phase-out policies need to be accompanied by ambitious renewable energy phase-in strategies to ensure that political, economic, legal, social risks associated with the coal phase out are well addressed. In other words, without just energy transition, the Paris Agreement remains can hardly be implemented. Negative impact of coal phase out on coal regions (jobs, stable and affordable electricity) is at the core of the just energy transition. This panel aims to critically assess the role of legal tools in accelerating energy transition.