Journal of Energy & Natural Resources Law (JERL)

Energy is central to all aspects of human activities and life: our ability to work, survive, access food and water, or sustain modern transportation. Over the last several decades, international energy law has therefore gained increased traction as a discipline of international law that regulates the behaviour of states and international organisations with respect to the use, transfer and management of all forms of energy, whether renewable or non-renewable. International energy law has coalesced around three fundamental objectives. First is the social objective, which focuses on leveraging all energy resources to address energy poverty and advance the availability, accessibility and affordability of reliable energy for all (ie energy security) in a just, inclusive and rights-based manner that leaves no one behind (ie energy justice).

View full content here (SEERIL members only)

This article examines the extraterritorial effect of the European Union Regulation 2023/1542 governing batteries and waste batteries. The Regulation aims to reduce environmental and social impacts across the battery life cycle while ensuring the advancement of circular economy goals. The article situates the Regulation within selected international frameworks and evaluates its implications for the Association of Southeast Asian Nations energy architecture. It examines how the Regulation’s extraterritorial effect influences regional energy governance by addressing its interaction with international law, its potential to facilitate harmonisation, and the mechanisms required to ensure equitable and effective implementation across jurisdictions.

View full content here (SEERIL members only)

There is an urgent need for a human rights-based approach to the governance of critical energy transition minerals (CETM) in Southeast Asia, as the region accelerates its clean energy transition. Using doctrinal and comparative case study methods, the article analyses international and African approaches, as well as the ASEAN governance framework that provides a foundation for a regional approach. While ASEAN lacks a human rights-based approach to CETM governance, the existing governance framework provides potential normative and institutional building blocks. The article recommends coordinated regional action to integrate human rights into CETM governance, a step that is intrinsic to a just and sustainable energy transition.

View full content here (SEERIL members only)

This article examines how the development of Article 6 of the Paris Agreement is shaping the evolution of carbon markets in the Association of Southeast Asian Nations (ASEAN) and the implications for the region's energy interconnectivity and transition. ASEAN member states are at varying stages of establishing carbon pricing systems, from implementing emissions trading schemes to carbon taxes and voluntary markets. However, the operationalisation of Article 6 introduces a high-integrity framework that addresses persistent institutional and technical barriers. Core features such as corresponding adjustments, measurement, reporting and verification (MRV) protocols and centralised registries provide a structural reference for enhancing market credibility and interoperability.

View full content here (SEERIL members only)

The Greater Mekong Subregion (GMS) has significant potential for cross-border electricity trade to support the green transition, yet power integration in the subregion remains constrained by a fragmented regulatory environment that fails to address the unique challenges of electricity trade. The multilateral trade rules contain ambiguities, while national regulations often perpetuate inconsistent technical regulations and commercial terms. The absence of a binding regional legal framework exacerbates challenges to power integration in the GMS. This article proposes a comprehensive framework built on five pillars and highlights the role of international law in formalizing commitments, harmonizing standards and facilitating dispute resolution.

View full content here (SEERIL members only)

The European Union’s Carbon Border Adjustment Mechanism (CBAM) represents a significant innovation in the intersection of trade and climate regulation, with profound implications for hydrocarbon-exporting economies such as Qatar. This article examines CBAM’s legal consistency under World Trade Organization (WTO) rules, its tension with the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC) enshrined in international environmental law, and its distributive impact on developing, energy-reliant states. The article argues that CBAM’s legal defensibility within the WTO framework remains contested, and effective Gulf engagement with CBAM requires moving beyond compliance to proactive institution-building, regional coordination, and constructive diplomacy. In conclusion, the article proposes that while CBAM poses acute risks for fossil fuel-dependent economies, it may also catalyse the Gulf Cooperation Council’s transition towards more coherent carbon governance and more equitable integration into a carbon-adjusted global trading system.

View full content here (SEERIL members only)

As global efforts to address the climate emergency and advance energy security intensify in scale and ambition, studies have documented how energy citizenship, through the empowerment of renewable energy communities (RECs), or ecopreneurs, could provide a democratic and decentralised approach to citizen participation in the clean energy transition. By generating innovative energy solutions from passive energy users to active prosumers, RECs can foster social and economic empowerment while actively decarbonising energy systems. Despite their prospects, RECs face a wide range of policy, legal and institutional barriers that limit their formalisation, registration and market access.

View full content here (SEERIL members only)

This article investigates the conflict between local content (LC) standards in the oil and gas sector and World Trade Organization (WTO) regulations. While states utilise LC measures to encourage industry engagement, local job creation and technology transfer, the General Agreement on Tariffs and Trade (GATT), the Agreement on Trade-Related Investment Measures (TRIMs) and the Agreement on Subsidies and Countervailing Measures (ASCM) prohibit discrimination against foreign suppliers or make subsidies conditional on local procurement. With careful reading of the WTO jurisprudence and key disputes, the research finds that countries can pursue development goals with WTO-consistent LC policies. Case studies from Indonesia and Kazakhstan demonstrate both clear violation and nuanced approaches.

View full content here (SEERIL members only)

Anti-corruption clauses are key contractual tools in petroleum contracts that safeguard governance and sustainability in the context of domestic and cross-border energy projects. They manage legal and financial risks while promoting transparency and compliance with anti-corruption standards, essential for responsible investment and sustainable energy development. Despite their increasing use, empirical research on their function in practice remains scarce. This article addresses that gap through a qualitative study of anti-corruption clauses in petroleum contracts, based on 27 expert interviews across 14 countries. It examines how these clauses are drafted, negotiated, and enforced, and identifies best practices and challenges.

View full content here (SEERIL members only)

Paving a path for energy to become more reliable, affordable and cleaner embodies the energy trilemma. Meeting these differing demands requires heterogeneous approaches amongst states. Merely focusing on one aspect of the trilemma to the detriment of the others, or penalising stakeholders for exclusively failing to do enough to lower greenhouse gas (GHG) emissions through hard law obligations, is unconstructive. Instead, what is needed is guidance on how to construct regulatory energy roadmaps. Soft law as an instrument is well suited to provide such guidance and accelerate the transformation of energy systems, without replacing the role of states in the formation of national and international law. For soft law to generate widespread acceptance, standard setting must involve broad geographic and stakeholder participation and account for the fragmented nature of energy-relevant topics.

View full content here (SEERIL members only)