Journal of Energy & Natural Resources Law

Published quarterly, the Journal of Energy & Natural Resources Law is the journal of the International Bar Association’s Section on Energy, Environment, Natural Resources and Infrastructure Law.

Editor, Don C Smith

JERL was launched in January 1983, under the editorship of Professor Terence Daintith, now a Professional Fellow at the Institute of Advanced Legal Studies in London.

The Journal's current Editor is Professor Don C Smith (pictured left), Director of the Environmental and Natural Resources Program at the University of Denver (US) Sturm College of Law where he teaches Comparative Environmental Law and Contemporary Issues in Oil and Gas. He is assisted by the Journal Board and Editorial Advisory Committee, comprised of members of the Academic Advisory Group (AAG) of IBA SEERIL. Together, they bring to the journal an unsurpassed expertise in all areas of energy and natural resources law.

Featuring contributions written by some of the finest academic minds and most successful practitioners in this area of study, JERL is a highly respected journal committed to reflecting contemporary issues that face the energy and natural resources sectors. 

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Current issue – Vol 35 No 1, February 2017

‘What will a Donald J Trump presidency mean for environmental, energy and natural resources both in terms of the United States and the wider world?’ asks the Journal’s Editor, Don C Smith. Smith considers the fate of the Paris Climate Accord under the new administration, but posits that legal, political and scientific opposition to climate change scepticism will accelerate in 2017, and that the US will face ‘strident global resistance’ if it pulls out of the historic Paris agreement.

This article argues that the EU regulatory framework for ensuring generation adequacy and introducing capacity mechanisms should be interpreted to prioritise demand side measures over capacity mechanisms. Huhta aims to identify the ways in which the Commission uses demand side assessments as justification for declaring capacity mechanisms (in)compatible with the internal market, and how energy efficiency and demand side measures can, in practice, be designed to complement capacity remuneration for supply side measures.

This article discusses the legal character of mineral rights under Kenya’s 2016 mining law. The new legal framework aims to position Kenya as the most attractive destination for mining investment in Africa and to enhance the country’s competitiveness globally through emphasis on security of mineral rights. Secure mineral rights are considered to be a critical component of a competitive mining investment climate and Ayisi focuses in particular on the protection that the mining law offers to holders of mineral rights.

This article analyses the regulatory framework for renewable electricity in Palestine, a state which has inherited accumulative problems in its electricity sector due, according to Marei, to the Israeli occupation of the Palestinian Territories since June 1967. Marei argues that despite the Palestinian government’s attempt to achieve a renewable target aimed to promote the use of renewable energy sources for the generation of electricity, the law still needs to be revised thoroughly to ensure increased promotion of alternative generation sources.

This study analyses how Memorandums of Understanding (MOUs), signed between local government and industry operators to support local control over oil and gas development, shape public opinion of unconventional energy production. The study compares two communities in the Denver metropolitan area: Erie, which instituted one of the state’s first MOUs in 2012, and Firestone, which does not have MOUs in place, and concludes that MOUs narrow the breadth of citizen complaints and increase citizen engagement with state governing bodies.

This commentary considers the key regulatory and commercial conditions that underpin the development of unconventional gas deposits in the United States and how those conditions are reflected analogously in unconventional gas deposits in the United Kingdom. The commentary then suggests a project structure, intended to better promote the successful development of UK unconventional gas deposits, which introduces certain elements of the US model to current UK practice.

This commentary considers the predicament that solar equipment dealers in the residential and business sectors must often do business with customers that are not creditworthy, raising the issue of the best, least expensive mechanisms for collection. Drawing primarily of Californian law, Zohn discusses the different approaches solar equipment dealers can take, concluding that, in most cases, the best avenue will be to transfer the risk by contract to a lender that pays the equipment dealer directly.

Fenner Stewart of the University of Calgary considers Sharing the Costs and Benefits of Energy and Resource Activity by Lila Barrera-Hernández, Barry Barton, Lee Godden, Alastair Lucas and Anita Rønne ‘a landmark contribution to the understanding of natural resource governance’ and ‘an essential read for anyone exploring the drivers and functional realities of natural resource governance’.


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ISSN 0264-6811

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