Category Archives: Energy

Environmental Technologies, Intellectual Property and Climate Change (ed. Abbe E. L. Brown)

Editor

Abbe E.L. Brown

Keywords

development studies, law and development, environment, climate change, innovation and technology, technology and ict, academic law, environmental law, human rights, intellectual property law, law and development, politics and public policy, human rights

Abstract

Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society.

1. Low carbon futures for all? Strategic options for global availability of environmental technologies 29 Keith Culver

2. The puzzling persistence of the intellectual property right/climate change relationship 59 Navraj Singh Ghaleigh

3. Failure is not an option: enhancing the use of intellectual property tools to secure wider and more equitable access to climate change technologies 84 Jon P. Santamauro

4. Partnership and sharing: beyond mainstream mechanisms 108 Anna Davies

5. Public–private partnerships for wider and equitable access to climate technologies 128 Elisa Morgera and Kati Kulovesi

6. Climate change, technology transfer and intellectual property rights: a modest exercise in thinking outside the box 152 Krishna Ravi Srinivas

7. Access to essential environmental technologies and poor communities: why human rights should be prioritized 181 Oche Onazi

8. Achieving greater access: a new role for established legal principles? 198 Abbe E.L. Brown

9. The ‘new normal’: food, climate change and intellectual property 223 Baskut Tuncak

10. Intellectual property: property rights and the public interest 249 James McLean

11. A view from inside the renewable energy industry 265 Mervyn D. Jones

12. A private institutional investment perspective 271 David A. McGrory

Citation

2013. Environmental Technologies, Intellectual Property and Climate Change, ed. Abbe E. L. Brown. Cheltenham: Elgar.

Paper

Environmental Technologies, Intellectual Property and Climate Change

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Keynote Address: Indigenous Peoples and Global Climate Change: Intercultural Models of Climate Equality (R. Tsosie)

Author(s)

Rebecca Tsosie

Keywords

climate change, United States, tribal governance, human rights, Native Nations, development, environmental policy, energy development, decision-making

Abstract

This essay discusses the place of indigenous peoples within the politics of climate change. In the United States, contemporary policymakers understand federally-recognized Indian tribes as “domestic dependent nations.” In that capacity, tribal governments have the power to address many environmental issues arising on their reservation lands and impacting their members. At the level of international policy, Native Nations are designated as “indigenous peoples,” with a distinctive set of human rights related to their unique identity as land-based communities with longstanding cultural connections to their environments. Sometimes those two identities operate consistently, allowing Native Nations to preclude forms of energy development that threaten their lands, communities, and cultures, as the Navajo Nation did when it enacted the Dine Natural Resources Protection Act of 2005, which banned uranium mining within Navajo Indian Country. Sometimes, however, the identities may be in tension. For example, coal and oil extraction may benefit the economic interests of Native Nations which hold ownership interests in these resources, but may jeopardize the subsistence lifeways of other Native peoples who depend upon the integrity of their lands and waters, as well as the plants, animals and fish in those natural environments. In the era of climate change, these tensions are becoming particularly apparent, forcing Native peoples and policymakers to make difficult decisions about the optimal energy policies to guide the future. This essay compares the predominant model of decision-making, which uses a utilitarian cost-benefit analysis to construct the optimal policy to serve the interests of national and tribal governments in the present day, with the type of long-range thinking used by many land-based indigenous communities to promote sustainable use of lands and resources for several generations. The essay concludes that the current challenge of climate change poses an opportunity to transform our ways of thinking about environmental policy and energy development.

Citation

(2010) Journal of Environmental Law and Litigation 25 (1)

Paper

Keynote Address : Indigenous Peoples and Global Climate Change: Intercultural Models of Climate Equity

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The Paradox of the Future in Contemporary Energy Policy: A Human Rights Analysis (D. M. Smolin)

Author

David. M. Smolin

Keywords

human rights, energy policy, environmental damage, ecological damage, energy demand, energy technologies

Excerpt

As the world heads toward a projected 9 billion people by 2050, 2 there are fundamental questions about how to provide an adequate and sustainable standard of living for the world’s population. As a matter of human rights, the creation and provision of an adequate standard of living is fundamental. 3 As a practical matter, preparing to meet the projected needs of these future generations is one of the fundamental challenges of this generation and time.

Energy is a fundamental component of meeting present and future economic needs, both because it is a very significant economic sector, and also because virtually all economic activity is dependent on the availability of energy, in one form or another. The availability and price of energy therefore deeply impacts the entire economy, and hence is critical to both present and future economic challenges. There is no way to create an adequate standard of living for human beings, including food, water, sanitation, clothing, housing, health care, education, transportation, and cultural activities, without adequate and inexpensive sources of energy. 4

The question is whether there will be adequate sources of energy, available at a reasonable cost, to meet future demand. A closely related question is the extent of ecological and environmental damage that would be produced by the energy technologies used to meet this energy demand. Such damage is a matter of concern both for the sake of the environment and earth itself, and also due to negative effects of ecological and …

Citation

(2010) 40 Cumberland Law Rev. 135

Paper

The Paradox of the Future in Contemporary Energy Policy: A Human Rights Analysis

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A Human Rights Assessment of Hydraulic Fracturing in the UK (Grear, Grant, Kerns , Morrow and Short)

Author(s)

Anna Grear, Evadne Grant, Dr Tom Kerns, Professor Karen Morrow and Dr Damien Short

Keywords

human rights, fracking, environment, United Kingdom, report, unconventional gas development, oil and gas extraction

Abstract

This Report argues that the UK Government has a clear and urgent duty to fully investigate the human rights implications of fracking before authorising any exploratory or extractive fracking operations in the UK. It strongly recommends a moratorium on the conduct of fracking operations until such a time as a full, industry-independent, publicly funded Human Rights Impact Assessment has been properly undertaken and placed in the public domain.

Citation

GNHRE Report: A Human Rights Assessment of Hydraulic Fracturing in the UK, 2014.

Report

A Human Rights Assessment of Hydraulic Fracturing in the UK

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Globalization, Environmental Justice, and Sustainable Development: The Case of Oil (Hymel)

Author

Monica L Hymel

Keywords

Energy, environment, tax, oil, environmental justice, sustainable development

Abstract

As globalization expands, poverty abounds, the environment suffers, and scientists warn of the devastation to come as earth’s temperature rises. Likewise, the last century has seen a dramatic increase in the human lifespan and life comforts. People travel the world with ease and comfort – unimaginable even 60 years ago. Oil plays a pivotal role in these problems and accomplishments. However, oil consumption has dramatically damaged our environment. Power struggles over controlling oil threaten global security. This paper discusses the economics of oil in the context of globalization, environmental justice, and sustainable development. The paper analyzes policies that have resulted in oil’s world dominance, and those policies needed to break oil’s hold on the global economy.

Citation

(2006) Macquarie Law Review; Arizona Legal Studies Discussion Paper No. 06-38.

Publication

Globalization, Environmental Justice, and Sustainable Development: The Case of Oil

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