Periodic Reporting for period 2 - TGL (Transition Governance and Law)
Berichtszeitraum: 2021-09-02 bis 2022-09-01
The TGL project was initiated in accordance with the "Energy Union Package," one of the ten priorities of the European Commission for 2014-19, the "Energy and Climate Union" based on three pillars:
- A strategic framework detailing the objectives of the energy union and the concrete steps to be taken to achieve them.
- An EU vision for the global agreement on climate change was adopted in Paris in 2015.
- A plan to achieve the 10% electricity interconnection target by 2020.
This priority is based on both the urgency of organizing a response to climate change and the need to undertake a transition to a low-carbon, secure and competitive economy, with targets to be met by 2030.
The primary responsibility for implementing the transition process rests with the states. Since many states have adopted climate and energy laws and regulations, can people count on their willingness to take action in this specific matter? Is it enough to rely on the government today to make the transition work? Can people count on their voluntarism and consider that by adopting these legal instruments, they have effectively set in motion the energy transition process?
This is where non-state actors come into play, as they have become an effective countervailing power—real checks and balances—in certain cases where political contingencies do not allow parliament or the courts to control government action.
From then on, the general question is indeed: what is the general role of social actors in the transition, notably the state, non-state actors, and individuals?
Then, the fundamental question becomes: what specific role can non-state actors play in such a major social process?
It is within this framework that the TGL project was set up to study the problem of the energy transition, from the perspective of governance in law and political science, which allows for a specific focus on the role that the central actor in modern society, referred to as “non-state actor” (NGOs, associations, groups, trade unions, individuals, etc.,) inevitably plays in all current major social transformations. In other words, the TGL project studies the legal and political implications of the energy transition from a double point of view, on the one hand, as a social process framed by law and, on the other, as a social process through which non-state actors have a specific role to play.
This study is important because it allows us to examine how laws are framing with new tools a problem that goes way back to the industrial revolution. Above all, how laws are opening up avenues of action to non-state actors, who are truly operating as countervailing powers in the field of climate protection. In other words, the role of non-state actors in the energy transition is leading to the emergence of ecological democracy, through various judicial actions—besides lobbying—that concern both climate and energy. This democracy becomes important in a context where mistrust in institutions is becoming more significant.
- A strategic framework detailing the objectives of the energy union and the concrete steps to be taken to achieve them.
- An EU vision for the global agreement on climate change was adopted in Paris in 2015.
- A plan to achieve the 10% electricity interconnection target by 2020.
This priority is based on both the urgency of organizing a response to climate change and the need to undertake a transition to a low-carbon, secure and competitive economy, with targets to be met by 2030.
The primary responsibility for implementing the transition process rests with the states. Since many states have adopted climate and energy laws and regulations, can people count on their willingness to take action in this specific matter? Is it enough to rely on the government today to make the transition work? Can people count on their voluntarism and consider that by adopting these legal instruments, they have effectively set in motion the energy transition process?
This is where non-state actors come into play, as they have become an effective countervailing power—real checks and balances—in certain cases where political contingencies do not allow parliament or the courts to control government action.
From then on, the general question is indeed: what is the general role of social actors in the transition, notably the state, non-state actors, and individuals?
Then, the fundamental question becomes: what specific role can non-state actors play in such a major social process?
It is within this framework that the TGL project was set up to study the problem of the energy transition, from the perspective of governance in law and political science, which allows for a specific focus on the role that the central actor in modern society, referred to as “non-state actor” (NGOs, associations, groups, trade unions, individuals, etc.,) inevitably plays in all current major social transformations. In other words, the TGL project studies the legal and political implications of the energy transition from a double point of view, on the one hand, as a social process framed by law and, on the other, as a social process through which non-state actors have a specific role to play.
This study is important because it allows us to examine how laws are framing with new tools a problem that goes way back to the industrial revolution. Above all, how laws are opening up avenues of action to non-state actors, who are truly operating as countervailing powers in the field of climate protection. In other words, the role of non-state actors in the energy transition is leading to the emergence of ecological democracy, through various judicial actions—besides lobbying—that concern both climate and energy. This democracy becomes important in a context where mistrust in institutions is becoming more significant.
The MSCA Fellow has conducted foundational research on non-state actors and the energy transition. He has published a report on energy transition and non-state actors that has been distributed among energy actors, including non-state actors and the research community; more than 4 journal articles published to date among research articles submitted; edited 2 books on the global energy transition, 1 submitted to the publisher and 1 currently in progress, and has 6 accepted book chapters. The MSCA Fellow has presented at around 10 conferences and has co-chaired 9 conferences.
The Fellow has participated in numerous public events that have provided opportunities to publicize the activities conducted under the project. He participated in social events based on professional networking in Houston, organized by the French Consulate.
Some activities were organized in person in front of Covid-19 between UH faculties and provided an opportunity to promote the research conducted and its results. These activities included Thursday lunches with UH faculties at the Center for Environment, Energy, and Natural Resources and CWS supervisory meetings at the Center for US and Mexican Law.
Other activities were organized during the lockdown that resulted from the Covid-19 outbreak and led to readjustment mainly of the project's course and lecture series.
In terms of training and knowledge transfer, the Fellow participated in over 100 intensive training, workshops, and conferences. These intensive training focused on the overall management of research activities, including writing major research papers such as articles, conference papers, or serving as a reviewer in a peer-reviewed journal. The Fellow has also been trained in energy policy design and implementation, which is important training when thinking about how to use innovation and think about energy policies of the future. This training is essential as it represents an important professional step. On the other hand, most of the research training has been focused on energy transition, energy law, and policy, including programs that allow networking with new professionals in the field.
The Fellow has been appointed Corresponding Editor for International Research Materials, Journal of the American Society of International Law (Cambridge University Press); Yearbook of International Environmental Law (Oxford University Press), and a Reviewer of the African Handbook of Climate Change Adaptation (Springer, 2021).
MSCA Results include the following: (3) forthcoming edited books on global energy transition; (1) forthcoming book on non-state actors and the energy transition; (1) report on energy transition and non-state actors; (8) research articles on energy transition, energy transition actors, non-state actors, international energy law, African energy law; (8) book chapters; (10) conferences presentations; (9) chaired conferences; (17) forthcoming lectures.
The Fellow has participated in numerous public events that have provided opportunities to publicize the activities conducted under the project. He participated in social events based on professional networking in Houston, organized by the French Consulate.
Some activities were organized in person in front of Covid-19 between UH faculties and provided an opportunity to promote the research conducted and its results. These activities included Thursday lunches with UH faculties at the Center for Environment, Energy, and Natural Resources and CWS supervisory meetings at the Center for US and Mexican Law.
Other activities were organized during the lockdown that resulted from the Covid-19 outbreak and led to readjustment mainly of the project's course and lecture series.
In terms of training and knowledge transfer, the Fellow participated in over 100 intensive training, workshops, and conferences. These intensive training focused on the overall management of research activities, including writing major research papers such as articles, conference papers, or serving as a reviewer in a peer-reviewed journal. The Fellow has also been trained in energy policy design and implementation, which is important training when thinking about how to use innovation and think about energy policies of the future. This training is essential as it represents an important professional step. On the other hand, most of the research training has been focused on energy transition, energy law, and policy, including programs that allow networking with new professionals in the field.
The Fellow has been appointed Corresponding Editor for International Research Materials, Journal of the American Society of International Law (Cambridge University Press); Yearbook of International Environmental Law (Oxford University Press), and a Reviewer of the African Handbook of Climate Change Adaptation (Springer, 2021).
MSCA Results include the following: (3) forthcoming edited books on global energy transition; (1) forthcoming book on non-state actors and the energy transition; (1) report on energy transition and non-state actors; (8) research articles on energy transition, energy transition actors, non-state actors, international energy law, African energy law; (8) book chapters; (10) conferences presentations; (9) chaired conferences; (17) forthcoming lectures.
At the end of the project, we would like to demonstrate two fundamental aspects.
From a global point of view, the process of energy transition—from a legal and political point of view—gives rise to a series of situations, some of which are currently regulated and others not yet regulated by laws. The legal instruments adopted are not enough in themselves to make this process effective and to make it accepted by the people. There are still concrete actions to be taken by states beyond their willingness to sign off international commitments or to adopt these domestic instruments.
The legal doctrine is opening up fields of possibility, starting from environmental, energy, or natural resources law and policy. In this sense, it is making a major critical contribution that will allow for readjustments in terms of political efforts.
As a result, the role of the state—in itself—is becoming insufficient to oversee this type of process. It is in dire need of support from other actors, including non-state actors and international partners.
On the role of non-state actors, it is important to demonstrate that—in addition to their role as whistleblowers, lobbyists, and field workers—non-state actors are now central actors in the energy transition process. The climate litigation before courtrooms—civil, administrative, and criminal—now shows it. Also, in addition to this role, non-state actors are really at the initiative of the laws on climate and energy helped and supported by their knowledge and groundwork.
From a global point of view, the process of energy transition—from a legal and political point of view—gives rise to a series of situations, some of which are currently regulated and others not yet regulated by laws. The legal instruments adopted are not enough in themselves to make this process effective and to make it accepted by the people. There are still concrete actions to be taken by states beyond their willingness to sign off international commitments or to adopt these domestic instruments.
The legal doctrine is opening up fields of possibility, starting from environmental, energy, or natural resources law and policy. In this sense, it is making a major critical contribution that will allow for readjustments in terms of political efforts.
As a result, the role of the state—in itself—is becoming insufficient to oversee this type of process. It is in dire need of support from other actors, including non-state actors and international partners.
On the role of non-state actors, it is important to demonstrate that—in addition to their role as whistleblowers, lobbyists, and field workers—non-state actors are now central actors in the energy transition process. The climate litigation before courtrooms—civil, administrative, and criminal—now shows it. Also, in addition to this role, non-state actors are really at the initiative of the laws on climate and energy helped and supported by their knowledge and groundwork.