Raphael Heffron | Queen Mary, University of London (original) (raw)
Papers by Raphael Heffron
Energy Justice: A Conceptual Review, 2016
Energy justice has emerged as a new crosscutting social science research agenda which seeks to ap... more Energy justice has emerged as a new crosscutting social science research agenda which seeks to apply justice principles to energy policy, energy production and systems, energy consumption, energy activism, energy security and climate change. A conceptual review is now required for the consolidation and logical extension of this field. Within this exploration, we give an account of its core tenets: distributional, recognition and procedural. Later we promote the application of this three-pronged approach across the energy system, within the global context of energy production and consumption. Thus, we offer both a conceptual review and a research agenda, providing suggestions of how the field of energy justice could be advanced. Throughout, we explore the key dimensions of this new agenda - its evaluative and normative reach – demonstrating that energy justice offers, firstly, an opportunity to explore where injustices occur, developing new processes of avoidance and remediation and recognizing new sections of society. Secondly, we illustrate that energy justice provides a new stimulating framework for bridging existing and future research on energy production and consumption when whole energy systems approaches are integrated into research designs. In conclusion, we suggest three areas for future research: investigating the non-activist origins of energy justice, engaging with economics, and uniting systems of production and consumption.
This country report assesses recent developments in Turkey's renewable energy law and policy in l... more This country report assesses recent developments in Turkey's renewable energy law and policy in light of the three competing dimensions of the Energy Trilemma-economics, politics and the environment. The analysis concludes that there is a need and room for the renewable energy sector to grow. Important issues to be followed in the future are the planned deregulation of the electricity market in 2016 and the competition in the new energy stock exchange EPIAS.
Energy subsidies have the potential to dominate the debate in the energy sector until at least 20... more Energy subsidies have the potential to dominate the debate in the energy sector until at least 2020. This article aims to advance thinking and research in the area of energy subsidies from an interdisciplinary and comparative perspective. It covers the issues of: what energy subsidies are; what institutions are involved; what is the EU perspective on subsidies; and how they should be formulated as 2020 approaches. This short review on energy subsidies is in part based on the discussion and debate from an International Energy Law Conference held in February 2014 at Trinity Hall, University of Cambridge.
The ambition of this conference was to deliver a first examination of how policy is delivered in ... more The ambition of this conference was to deliver a first examination of how policy is delivered in the context of low-carbon energy infrastructure in the UK. The UK has been developing policy in this area since 2002 . Finally, as the decade passed, in November 2012 an Energy Bill was put before the UK Parliament. One of the chief purposes of this Energy Bill is to establish the right environment for new electricity generation infrastructure in the low-carbon sector. There is significant debate on how this will be achieved and, indeed, whether this piece of legislation will actually deliver this outcome. This conference aimed to examine the dynamics of policy delivery. Throughout the day, there was entertaining discussion as a variety of conference presenters provided interesting contributions on how to deliver such policy goals. In total, there were twelve speakers throughout the day representing the UK (University of Oxford, Pinsent Masons Law Firm,
Describes the nexus of energy justice, supply and security. Three tenets of energy justice: distr... more Describes the nexus of energy justice, supply and security. Three tenets of energy justice: distributional, procedural and recognition justice. Application of energy justice promotes growth of an supply chain and energy security.
International Energy Law Review, 2013
The current energy justice framework considers distributional, procedural and recognition tenets... more The current energy justice framework considers distributional, procedural
and recognition tenets. The full extent and diversity of justice implications
within the energy system, however, is currently neglected, as many debates
on energy do not consider the impact of the energy system in full, from
resource extraction to waste disposal. This article makes the case for a
reconceptualisation of energy justice that includes a systems perspective
at its core using the example of fuel poverty. Systems theory typically
considers a set of subsystems that coordinate to accomplish defined goals,
in this case, energy production. This ‘interactionist’ understanding
focuses on the impacts of the relationships between the governors and the
governed, and the moments at which there is the possibility to intervene
and steer the system. It contains the idea that – by bringing greater
awareness of human needs and actions – it is possible to improve the
system overall. This reconceptualisation thus contributes to the theoretical
concept of energy justice, as well as informing justice in practice.
This paper examines the role of nuclear energy in Scotland, and the concerns for Scotland as it v... more This paper examines the role of nuclear energy in Scotland, and the concerns for Scotland as it votes for independence. The aim is to focus directly on current Scottish energy policy and its relationship to nuclear energy. The paper does not purport to advise on a vote for or against Scottish independence but aims to further the debate in an underexplored area of energy policy that will be of value whether Scotland secures independence or further devolution. There are four central parts to this paper: (1) consideration of the Scottish electricity mix; (2) an analysis of a statement about nuclear energy made by the Scottish energy minister; (3) examination of nuclear energy issues as presented in the Scottish Independence White Paper; and (4) the issue of nuclear waste is assessed. A recurrent theme in the analysis is that whether one is for, against, or indifferent to new nuclear energy development, it highlights a major gap in Scotland's energy and environmental policy goals. Too often, the energy policy debate from the Scottish Government perspective has been reduced to a low-carbon energy development debate between nuclear energy and renewable energy. There is little reflection on how to reduce Scottish dependency on fossil fuels. For Scotland to aspire to being a low-carbon economy, to decarbonising its electricity market, and to being a leader within the climate change community, it needs to tackle the issue of how to stop the continuation of burning fossil fuels.
The United Kingdom has a unique constitutional landscape in comparison to any other nuclear state... more The United Kingdom has a unique constitutional landscape in comparison to any
other nuclear state. Due to devolution within the UK the current pro-nuclear policy faces a challenge
not previously encountered. Competence to legislate in certain areas is now shared with the Scottish
government and regional assemblies in Wales and Northern Ireland. The issue of nuclear waste
management raises particular problems for Scotland with the vote for Scottish independence looming.
This article assesses the legal and political nature of decision-making with regards to nuclear e... more This article assesses the legal and political nature of decision-making with regards to nuclear energy policy in Turkey. The main focus is on the choice of nuclear technology and the associated safety and liability issues for Turkey's new nuclear development plans. The article highlights the importance of legal certainty for both safety and liability in the nuclear energy sector. In particular, the liability regime in case of a nuclear accident must be clear and transparent. It also concludes that it is not the environmental impact assessment, safety concerns or liability regime but politics that is the key determinant in the choice of nuclear technology for a new nuclear project. In addition, with the planned use of the new financial model of Build-Own-Operate, this results in legal certainty being even more important for new nuclear development in Turkey.
Energy Policy, 2013
This paper examines from a policy perspective nuclear energy policy in the United States (US) fro... more This paper examines from a policy perspective nuclear energy policy in the United States (US) from 1990 to 2010 and questions whether it is or has become a Federal or State responsibility. The present study, as befits policy research, engages with many disciplines (for example, in particular, law and politics) and hence the contributions move beyond that of nuclear energy policy literature and in particular to that on nuclear new build and other assessments of large infrastructure projects. Several examples at the Federal level are identified that demonstrate that the nuclear industry has evolved to a stage where it requires a focus on the power of actions at a more localised (state) level in order to re-ignite the industry. The research concludes that there remains a misunderstanding of the issue of project management for complex construction projects, and it is highly arguable whether many of its issues have been resolved. Further, the research asserts that the economics of nuclear energy are not the most influential reason for no nuclear new build in the US. >
Technology Forecasting and Social Change, 2013
This article examines the tension between the democratic right of public participation on specifi... more This article examines the tension between the democratic right of public participation on specific
environmental issues, guaranteed by European Law, and the degree to which it is being challenged
in the UK as a consequence of recent approaches to energy infrastructure planning. Recent trends in
UK government policy frameworks seem both to threaten effective public participation and
challenge EU planning strategy, in particular those outlined in the Aarhus convention. The research
outlined in this study involves an assessment of the changing context of planning and energy policy,
in addition to recent changes in legislation formulation in the UK. The research findings, derived
from an extensive interview process of elite stakeholders engaged in policy and legislation
formulation in the UK and the EU provide a new categorisation system of stakeholders in energy
policy that can be utilised in future research. The article concludes with a second order analysis of
the interviewee data and provides solutions to increase public participation in the planning of energy
infrastructure that emerge from the different perspectives.
International Energy Law Review, 2012
Irish Planning and Environmental Law, 2013
Energy Justice: A Conceptual Review, 2016
Energy justice has emerged as a new crosscutting social science research agenda which seeks to ap... more Energy justice has emerged as a new crosscutting social science research agenda which seeks to apply justice principles to energy policy, energy production and systems, energy consumption, energy activism, energy security and climate change. A conceptual review is now required for the consolidation and logical extension of this field. Within this exploration, we give an account of its core tenets: distributional, recognition and procedural. Later we promote the application of this three-pronged approach across the energy system, within the global context of energy production and consumption. Thus, we offer both a conceptual review and a research agenda, providing suggestions of how the field of energy justice could be advanced. Throughout, we explore the key dimensions of this new agenda - its evaluative and normative reach – demonstrating that energy justice offers, firstly, an opportunity to explore where injustices occur, developing new processes of avoidance and remediation and recognizing new sections of society. Secondly, we illustrate that energy justice provides a new stimulating framework for bridging existing and future research on energy production and consumption when whole energy systems approaches are integrated into research designs. In conclusion, we suggest three areas for future research: investigating the non-activist origins of energy justice, engaging with economics, and uniting systems of production and consumption.
This country report assesses recent developments in Turkey's renewable energy law and policy in l... more This country report assesses recent developments in Turkey's renewable energy law and policy in light of the three competing dimensions of the Energy Trilemma-economics, politics and the environment. The analysis concludes that there is a need and room for the renewable energy sector to grow. Important issues to be followed in the future are the planned deregulation of the electricity market in 2016 and the competition in the new energy stock exchange EPIAS.
Energy subsidies have the potential to dominate the debate in the energy sector until at least 20... more Energy subsidies have the potential to dominate the debate in the energy sector until at least 2020. This article aims to advance thinking and research in the area of energy subsidies from an interdisciplinary and comparative perspective. It covers the issues of: what energy subsidies are; what institutions are involved; what is the EU perspective on subsidies; and how they should be formulated as 2020 approaches. This short review on energy subsidies is in part based on the discussion and debate from an International Energy Law Conference held in February 2014 at Trinity Hall, University of Cambridge.
The ambition of this conference was to deliver a first examination of how policy is delivered in ... more The ambition of this conference was to deliver a first examination of how policy is delivered in the context of low-carbon energy infrastructure in the UK. The UK has been developing policy in this area since 2002 . Finally, as the decade passed, in November 2012 an Energy Bill was put before the UK Parliament. One of the chief purposes of this Energy Bill is to establish the right environment for new electricity generation infrastructure in the low-carbon sector. There is significant debate on how this will be achieved and, indeed, whether this piece of legislation will actually deliver this outcome. This conference aimed to examine the dynamics of policy delivery. Throughout the day, there was entertaining discussion as a variety of conference presenters provided interesting contributions on how to deliver such policy goals. In total, there were twelve speakers throughout the day representing the UK (University of Oxford, Pinsent Masons Law Firm,
Describes the nexus of energy justice, supply and security. Three tenets of energy justice: distr... more Describes the nexus of energy justice, supply and security. Three tenets of energy justice: distributional, procedural and recognition justice. Application of energy justice promotes growth of an supply chain and energy security.
International Energy Law Review, 2013
The current energy justice framework considers distributional, procedural and recognition tenets... more The current energy justice framework considers distributional, procedural
and recognition tenets. The full extent and diversity of justice implications
within the energy system, however, is currently neglected, as many debates
on energy do not consider the impact of the energy system in full, from
resource extraction to waste disposal. This article makes the case for a
reconceptualisation of energy justice that includes a systems perspective
at its core using the example of fuel poverty. Systems theory typically
considers a set of subsystems that coordinate to accomplish defined goals,
in this case, energy production. This ‘interactionist’ understanding
focuses on the impacts of the relationships between the governors and the
governed, and the moments at which there is the possibility to intervene
and steer the system. It contains the idea that – by bringing greater
awareness of human needs and actions – it is possible to improve the
system overall. This reconceptualisation thus contributes to the theoretical
concept of energy justice, as well as informing justice in practice.
This paper examines the role of nuclear energy in Scotland, and the concerns for Scotland as it v... more This paper examines the role of nuclear energy in Scotland, and the concerns for Scotland as it votes for independence. The aim is to focus directly on current Scottish energy policy and its relationship to nuclear energy. The paper does not purport to advise on a vote for or against Scottish independence but aims to further the debate in an underexplored area of energy policy that will be of value whether Scotland secures independence or further devolution. There are four central parts to this paper: (1) consideration of the Scottish electricity mix; (2) an analysis of a statement about nuclear energy made by the Scottish energy minister; (3) examination of nuclear energy issues as presented in the Scottish Independence White Paper; and (4) the issue of nuclear waste is assessed. A recurrent theme in the analysis is that whether one is for, against, or indifferent to new nuclear energy development, it highlights a major gap in Scotland's energy and environmental policy goals. Too often, the energy policy debate from the Scottish Government perspective has been reduced to a low-carbon energy development debate between nuclear energy and renewable energy. There is little reflection on how to reduce Scottish dependency on fossil fuels. For Scotland to aspire to being a low-carbon economy, to decarbonising its electricity market, and to being a leader within the climate change community, it needs to tackle the issue of how to stop the continuation of burning fossil fuels.
The United Kingdom has a unique constitutional landscape in comparison to any other nuclear state... more The United Kingdom has a unique constitutional landscape in comparison to any
other nuclear state. Due to devolution within the UK the current pro-nuclear policy faces a challenge
not previously encountered. Competence to legislate in certain areas is now shared with the Scottish
government and regional assemblies in Wales and Northern Ireland. The issue of nuclear waste
management raises particular problems for Scotland with the vote for Scottish independence looming.
This article assesses the legal and political nature of decision-making with regards to nuclear e... more This article assesses the legal and political nature of decision-making with regards to nuclear energy policy in Turkey. The main focus is on the choice of nuclear technology and the associated safety and liability issues for Turkey's new nuclear development plans. The article highlights the importance of legal certainty for both safety and liability in the nuclear energy sector. In particular, the liability regime in case of a nuclear accident must be clear and transparent. It also concludes that it is not the environmental impact assessment, safety concerns or liability regime but politics that is the key determinant in the choice of nuclear technology for a new nuclear project. In addition, with the planned use of the new financial model of Build-Own-Operate, this results in legal certainty being even more important for new nuclear development in Turkey.
Energy Policy, 2013
This paper examines from a policy perspective nuclear energy policy in the United States (US) fro... more This paper examines from a policy perspective nuclear energy policy in the United States (US) from 1990 to 2010 and questions whether it is or has become a Federal or State responsibility. The present study, as befits policy research, engages with many disciplines (for example, in particular, law and politics) and hence the contributions move beyond that of nuclear energy policy literature and in particular to that on nuclear new build and other assessments of large infrastructure projects. Several examples at the Federal level are identified that demonstrate that the nuclear industry has evolved to a stage where it requires a focus on the power of actions at a more localised (state) level in order to re-ignite the industry. The research concludes that there remains a misunderstanding of the issue of project management for complex construction projects, and it is highly arguable whether many of its issues have been resolved. Further, the research asserts that the economics of nuclear energy are not the most influential reason for no nuclear new build in the US. >
Technology Forecasting and Social Change, 2013
This article examines the tension between the democratic right of public participation on specifi... more This article examines the tension between the democratic right of public participation on specific
environmental issues, guaranteed by European Law, and the degree to which it is being challenged
in the UK as a consequence of recent approaches to energy infrastructure planning. Recent trends in
UK government policy frameworks seem both to threaten effective public participation and
challenge EU planning strategy, in particular those outlined in the Aarhus convention. The research
outlined in this study involves an assessment of the changing context of planning and energy policy,
in addition to recent changes in legislation formulation in the UK. The research findings, derived
from an extensive interview process of elite stakeholders engaged in policy and legislation
formulation in the UK and the EU provide a new categorisation system of stakeholders in energy
policy that can be utilised in future research. The article concludes with a second order analysis of
the interviewee data and provides solutions to increase public participation in the planning of energy
infrastructure that emerge from the different perspectives.
International Energy Law Review, 2012
Irish Planning and Environmental Law, 2013
OGEL (Oil, Gas & Energy Law Intelligence): Focusing on recent developments in the area of oil-gas... more OGEL (Oil, Gas & Energy Law Intelligence): Focusing on recent developments in the area of oil-gas-energy law, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting, including the oil-gas-energy geopolitics.
Subject: Public procurement. Other related subjects: Energy. Utilities *C.L.J. 191 THIS book is d... more Subject: Public procurement. Other related subjects: Energy. Utilities *C.L.J. 191 THIS book is directed at non-specialists in legal practice in the field of utility law. It covers gas, electricity, water and sewerage, and telecommunications. This approach is limited in legal literature and is welcome, and demonstrates the similarities of these areas. This text makes a contribution to the growing *C.L.J. 192 literature in the legal fields related to energy, planning and utilities. It highlights the legal issues that are on the horizon in each of these areas -areas that have been neglected in the push from the general policy of privatisation in the economy over the last three to four decades. While the targeted readers are clearly those in legal practice or lawyers working in regulatory organisations or other such institutions, there is a significant amount of interesting material for the academic reader. For the academic, it uncovers many avenues of under-explored research themes. It will also prove very useful for operators within each of the utility sectors.
*Const. L.J. 67 The evaluation of risk is a "hot" topic across many fields of research. It was on... more *Const. L.J. 67 The evaluation of risk is a "hot" topic across many fields of research. It was once the preserve of scientists in assessing effects of drugs, diet and environmental pollution on human health. In terms of infrastructure development, it was and remains common to analyse the risk associated with environmental development and planning. However, this book extends the study of risk and infrastructure beyond just that of environmental and planning risk. With the focus being specifically on energy infrastructure, the book enhances the recent increase in literature on energy law.
*I.E.L.R. 43 Increasingly, there is an interest in evaluating EU energy policy and whether it is ... more *I.E.L.R. 43 Increasingly, there is an interest in evaluating EU energy policy and whether it is delivering. At a time when the continued economic crisis has placed the majority of EU nations under financial pressure, delivering upon policy has become a key concern. This book is one of the first to focus on the delivery of EU energy policy and assess whether the European Union has the current legal framework to deliver the triple objectives of EU energy policy-a competitive, secure and sustainable energy supply.
Energy. Other related subjects: Environment. European Union *I.E.L.R. 75 The noun "energy" has ta... more Energy. Other related subjects: Environment. European Union *I.E.L.R. 75 The noun "energy" has taken on a new significance beyond that of the laws of thermodynamics over recent decades. From being a word used by a small section of society, it now, thanks to the global polices on the environment and climate change, has become something of a hot topic. As the technological boom ended the 1990s and the property bubble in the 2000s, it seems that we are now entering the age of energy and the environment. However, it is unlikely that the energy sector will captivate society to the extent of technology or property. This is because the energy sector has at its core a long-term orientation. Energy infrastructure projects generally take years to build and they may have lifetimes greater than that of the average human. *I.E.L.R. 76
What are the component parts of successful energy law and policy for nuclear energy in the 21st c... more What are the component parts of successful energy law and policy for nuclear energy in the 21st century? Nuclear power has been a consideration and part of energy policies of many countries across the world since its emergence as an electricity provider after the Second World War. Nuclear energy is a low-carbon energy source and therefore can contribute to reducing the effects of climate change. However, it is also faced with issues of high cost, risk and waste disposal. Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the United States, and the United Kingdom, this book focusses on the development and formulation of energy law and policy in civil nuclear energy in the EU, the US and beyond. Heffron deconstructs the constituent parts of effective energy law and policy within the complex and often controversial energy industry. Pulling out what has and what has not worked, he suggests ways to improve the delivery of the central aims of law and policy.
The aim of this short text is simply to introduce a reader to this topic. It is intended for a gl... more The aim of this short text is simply to introduce a reader to this topic. It is intended for a global audience and rather than being restricted to potential energy law students of a particular country. It is also written for students of other disciplines such as geographers, social scientists and engineers. It should also be engaging to those in a variety of professional practices who want an accessible background to and overview of the subject.
The text aims to outline the principles and central logic behind energy law. Therefore, readers from across the world should be able to use it as a guide to thinking about energy law in their own countries. A variety of examples from many different countries are included in the text and while examples and comparisons are mainly from the EU and US, they represent good examples of more advanced and innovative energy law.
For those readers who seek further or more in-depth knowledge, this text will only serve as an introduction. However, a key focus of the book is to direct the reader where they to look for further information and within the book there are suggested extra readings, the key recommended journals to read and other sources of information based on institutions who publish further material in this area.
The aim of the Energy Law: An Introduction is to introduce new readers to the developing area of energy law. The hope is that it provides an introduction to the legal challenges faced in the energy sector and the potential contribution of energy law to delivering a better world for future generations.