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 33 No 2, May 2015


The South African Parliament recently enacted laws that give effect to ‘one environmental system’ for the environmental management of mining. The single environmental system will replace the fragmented, contradictory and ineffective model constituted by rules and institutional arrangements that developed in separate mineral development and environmental laws. The single environmental system, framed by the overarching concept of cooperative government in the South African Constitution, shifts the statutory authority for environmental management of mining to the environmental laws, but gives effect to a unique splitting of implementing authority between the authorities responsible for mineral resources and environment respectively. Concerns however remain over whether the new system adequately honours the constitutional environmental right and respects the original legislative and executive authority of the provincial sphere of government.

German renewable energy developments are frequently quoted around the world. Often the same circumstances are used as either good or bad examples, depending on individual points of view. This article sheds some light on the latest 2014 revision of the German Renewable Energy Sources Act (EEG), commonly referred to as EEG 2014. The EEG 2014 represents a major shift from support that was mainly granted in the form of fixed-feed tariffs to mandatory direct marketing that is promoted by market premiums. Furthermore, the EEG 2014 lays down the foundation for the next step of promoting renewables, in which financial support will be established through competitive bidding.

This article examines the extent to which the foundations, trusts and funds (FTFs) model as a global practice in benefit sharing with local communities (LCs) can be utilised in defining a path for benefit sharing with communities in Nigeria with the aim of achieving socio-economic development. It is argued that while FTFs may be useful to meet the developmental needs of communities, the extent to which they may be adopted in Nigeria will vary mainly due to their flexibility and practical design issues that require political will to deal fairly with LCs. The FTFs model can only be properly knit into Nigeria’s policy and legal framework on benefit sharing with LCs if these practical implementation issues as identified in the article are addressed. The article’s contribution lies in its application of the FTFs model for benefit sharing with LCs in the Nigerian context and its possible integration into policy formulation and law-making on community benefit sharing in Nigeria. This is justified on grounds of the ability of the FTFs model to provide benefits beyond a project’s life cycle with its revenue management and multi-stakeholder representative governance structure advantage that appears lacking in other benefit sharing models.

In 2012 Bangladesh, against strong public opinion, decided to build the country’s first nuclear power plant in the western region of Rooppur. The government argued that the project is necessary to diversify the country’s energy mix in order to improve its electricity generation capacity. This commentary explores the Rooppur nuclear power plant project and argues that there are serious concerns about the project that should be taken into account by the government and that there are other options available to diversify the energy mix. The author concludes that a developing country such as Bangladesh is not yet ready for nuclear power as sufficient technical and regulatory expertise and improvement of infrastructure are required before the country can go nuclear.

Cindy Jennings reviews Business, Environment and Society: Themes and Cases by Vesela R Veleva.


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ISSN 0264-6811

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