Journal of Energy & Natural Resources Law (JERL)

Wednesday 2 August 2023
Journal of Energy & Natural Resources Law

About the Journal of Energy & Natural Resources Law

Published quarterly, the Journal of Energy & Natural Resources Law (JERL) is the journal of the IBA’s Section on Energy, Environment, Natural Resources and Infrastructure Law.

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), 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.


Editor, Don Smith

JERL Podcast

The Journal has an accompanying podcast, which you can listen to here. In this podcast series, Don C Smith, the Editor of the Journal of Energy & Natural Resources Law, interviews preeminent global experts in the field. The first episode is an interview with Iñigo del Guayo, Professor of administrative law at the University of Almeria, Spain.

The Journal of Energy & Natural Resources Law (JERL) has been accepted into Clarivate's Social Sciences Citation Index (SSCI), which tracks the most influential journals in their respective fields. In June, JERL recieved its first impact factor of 1.800 after being accepted into the SSCI. JERL is ranked 49th out of 154 journals in the 'Law' category and 110th out of 127 journals in the 'Environmental Studies' category.

Latest Issue - Vol 42 No 1 (February 2024)

In this paper, the consequences of recognition of carbon emission allowances as financial instruments under the EU financial markets law including Directive 2014/65/EU of 15 May 2014 on markets in financial instruments (MiFID II) and the EU environmental law are analysed. We try to answer the question in what way the recognition of carbon emission allowances as financial instruments affected the functioning of the European Union Emission Trading Scheme (EU ETS). In particular, we ask whether it is beneficial or detrimental in terms of the environmental and economic effectiveness of the EU ETS.

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In the last year, the United Nations General Assembly has adopted, and New York State's Constitution Bill of Rights has been amended to include, a right to a healthy environment. This continues a trend of adoption of a constitutional or statutory right to a healthy environment. The right to a healthy environment is constitutionally recognised in 110 countries. The article explores what a right to a healthy environment entails and how it can be made operational and effective. It is presented in three parts: first, what the right to a healthy environment involves; second, the correlative duties to uphold and protect the right; and third, the systematic and structural change to law and governance needed to uphold the right and discharge the duties.

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The security of Europe’s gas supply has been the subject of much debate. The focus, however, is often on technical or economical considerations. This article is the first to provide a comprehensive overview and analysis of legislative aspects of the security of gas supply to Europe. It uses the three core components of energy security – availability, reliability and affordability – as a tool to shed light on the historical development of gas security legislation in Europe.

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his paper explores the corporate social responsibility (CSR) landscape for Canadian mining transnational corporations (TNCs) in the wake of the landmark decision of the Supreme Court of Canada in Nevsun Resources Ltd v Araya, which settles, as concrete law, the right of foreign victims of transnational torts committed by Canadian TNCs to bring an action in Canadian courts. The paper acknowledges that there has been an increasing tendency by the Canadian government to create, by way of legislation, legal responsibility for some of the corporate behaviours that had been only governed by CSR initiatives.

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This paper explores the legal policy of nuclear damage compensation laws. As a specialised sector of nuclear law, the legal regimes on nuclear civil liability aim to provide timely and effective compensation to third parties, while also addressing the special policy concern of ensuring the sustainable development of the global or national nuclear industry.

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This commentary reflects upon the constitutional and legal foundations of management of natural resources in Australia. It is a revised version of the 2022 Annual Lecture of the Centre for Resources, Energy and Environmental Law delivered at Melbourne Law School on 3 November 2022. Natural resources have shaped Australia’s history, economy, society and environment for almost 200 years, and continue to do so. The exploitation of these resources involves governments as both proprietors and regulators, together with private enterprise as explorers and developers. The complex relationship between governments and private enterprise provides the central theme of this paper. Australia’s federal system of government adds complexity to that relationship.

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ISSN 0264-6811

How to order

Print subscriptions and online access to the Journal of Energy and Natural Resources Law are available to purchase from Taylor & Francis. IBA SEERIL members can access all content with their existing IBA username and password through the 'current issue' links above.

Review books

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Copyright and Disclaimer

Copyright: The IBA holds copyright in all articles, newsletters and papers published by them. If you wish to reproduce or distribute any IBA publication or any part of an IBA publication, permission must be requested in writing from the Managing Editor at, and due acknowledgment given.

Disclaimer: The views expressed in journals, newsletters and papers are those of the contributors, and not necessarily those of the International Bar Association.

JERL has been accepted into Clarivate’s Social Sciences Citation Index (SSCI)

This tracks the most influential journals in their respective fields. In June 2022, JERL received its first impact factor of 1.800 after being accepted into the SSCI