Work

Energy Law Principles or Rather a Functional Approach?

Year: 2024

Type: article

Abstract: This article addresses the proposition that the introduction of basic principles to energy law can strengthen energy law as a discipline. We discuss this premise from a legal-cultural angle that has often been neglected in this discussion, that of Scandinavian legal realism. We examine what implications a Scandinavian realist approach to energy law would have compared to a principles-based approach. Our aim is not to give a clear conclusion but rather to cast a glance at law from a different point of view. We begin by outlining the discussion surrounding energy law as a discipline, delimiting the potential principles of energy law. We will then move on to outline the Scandinavian realist approach to legal principles, and we will demonstrate how it applies in practice. Finally, we will evaluate the contribution that Scandinavian legal realism can(not) make to the discussion of principles in energy law.

Source: European Energy and Environmental Law Review

DOI: 10.54648/eelr2024024

Authors: Torhild Nordtveit, Leonie Reins

Language: English

Topic: Energy Law and Policy

Subfield: Information Systems and Management

Field: Decision Sciences

Domain: Social Sciences

SDGs: Affordable and clean energy, Peace, justice, and strong institutions

Open Access status: green

Funders: Universität Heidelberg, Universitetet i Bergen, Norges Forskningsråd

Award: G505334963