scholarly journals Decentralisation of Energy Generation, Centralisation of Energy Lawmaking

2021 ◽  
pp. 117-136
Author(s):  
Martin Föhse
Keyword(s):  
Subject Matter ◽  
Energy Generation ◽  
Legal Framework ◽  
Energy Sector ◽  
Energy Resources ◽  
Regulatory Activity ◽  
Federal Level ◽  
Ancient Times ◽  
The Subject ◽  
Energy Law

AbstractThe energy sector has been subject to regulation since ancient times. The mechanisms of regulatory activity in this sector run like a red thread through history. New regulations are often born out of necessity (for example because of limited energy resources or today because of climate objectives). Switzerland’s energy law was originally a cantonal matter. Over the course of time, more and more competences have been transferred to the federal level. This, together with the increasing complexity of the subject matter of regulation, has led to a conflicting legal framework that renders it nearly impossible, even for experts, to answer everyday questions of competence with the necessary clarity and without much effort.

scholarly journals Distributed generation of photovoltaic solar energy: impacts of ANEEL`s new regulation proposal on investment attractiveness

2021 ◽  
Vol 14 (2) ◽  
pp. 423-442
Author(s):  
Diego Silva Cardoso ◽  
Pedro Sartori Locatelli ◽  
Wanderley Ramalho ◽  
Nader Asgary
Keyword(s):  
Solar Energy ◽  
Distributed Generation ◽  
Energy Generation ◽  
Legal Framework ◽  
Government Policies ◽  
Solar Irradiation ◽  
Industrial Plant ◽  
The Subject ◽  
Photovoltaic Solar Energy ◽  
Practical Implications

Purpose – The production of photovoltaic solar energy has gained international prominence, being the subject of government policies aimed at its development. The purpose of this study is to analyze the profitability of a shared photovoltaic solar energy project, located in the national territory, resulting from changes in regulatory framework of the sector represented by different tariff levels.Design/methodology/approach – It is a quantitative study based on corporate finance as its theoretical-conceptual substrate. Simulations were carried out using different energy price and tariff scenarios.Findings - The results reveal that, under current conditions, distributed photovoltaic solar energy generation is financially very attractive to investors. In addition, it was found that significant changes in the tariff regime for this type of energy might prevent new investments in the segment. Practical implications – The evidence suggests caution in changing the legal framework of a segment that is still incipient in the country, which generates clean and renewable energy, and with enormous growth potential.Originality/value - The study presents, in a systematic way, the possible impacts of changes in the price and tariff scenarios on the attractiveness of investment in the distributed generation of photovoltaic solar energy generation. In this sense, it can be easily adapted to evaluate industrial plant projects of different sizes in regions with distinct levels of solar irradiation.           

scholarly journals Energy Law from 2020 to 2030 (Part 2)

2020 ◽  
Vol 3 ◽  
pp. 73-77
Author(s):  
Raphael J. Heffron ◽  
Keyword(s):  
Environmental Protection ◽  
Energy Sector ◽  
Global Perspective ◽  
Energy Resources ◽  
Policy Agenda ◽  
Journal Issue ◽  
The World ◽  
Energy Environment ◽  
Science And Education ◽  
Energy Law

Law will play a significant role in the future, in particular, for development of 2030, 2040, and 2050 energy, environment, and climate plans. For example, in order to achieve 2030 climate and energy targets, a corresponding law has to be formulated, passed, and implemented. This is because a functioning energy infrastructure takes not only time to plan, raise funds for, and build, but there are also complicated planning and environmental protection challenges that have to be met. All these lead to another important point: it is the national laws that can stimulate the energy sector development. A national government can set a policy agenda and make sure the law provides the relevant structures, incentives, and pathways for energy sector development. The purpose of this article is to provide a brief, up-to-date view of what energy law science and education should focus on as we move from 2020 to 2030. This article serves to provide a global perspective. Energy law should have similar provisions in all countries as it is based on the same technologies used across the world. What is different is the energy resources countries have at their disposal and the energy sector structures they are trying to create. At the same time, laws on the extraction of energy resources will be the same, including the system of incentives and taxation for the energy resources. Energy law science has already risen to the fore and is now supported by universities. Part 1 of the article is dedicated to energy law as a science and was published in 2020 in the Energy Law Forum journal, issue No. 2. This part focuses on development trends of energy law education and the key energy law development targets for the period from 2020 to 2030.

scholarly journals Merger and division nullity in the Romanian legal system

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Bejan Felicia
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Legal Framework ◽  
Third Parties ◽  
European Directives ◽  
Legal Norms ◽  
Cross Border ◽  
The Subject ◽  
The Creation ◽  
Juridical Acts

As a consequence of the transposition of european Directives regarding the merger, division, and cross-border mergers, the Romanian legal system established a special legal framework with regard to the sanction of nullity for such juridical acts. The peculiarities of internal and cross-border reorganisation operations, and the imperative of protecting the interests of third parties, associates, and the companies involved led to the creation of a derogatory legal system on the matter. An analysis of both theoretical and practical perspectives of the subject matter may result in a useful instrument for the application of incidental legal norms, or every time restructuring juridical acts contravene the legal norms. 

scholarly journals Community Interest Obligations in International Energy Law

2018 ◽  
Author(s):  
Danae Azaria
Keyword(s):  
Human Rights ◽  
Energy Sector ◽  
Energy Resources ◽  
Exploration And Exploitation ◽  
Economic Activities ◽  
Community Interest ◽  
International Obligations ◽  
Energy Law

The chapter defines ‘international energy law’ as an amalgam of different international obligations concerning energy activities—the exploration and exploitation of energy resources, their trade and transportation, and investment in the energy sector—as well as the effects of these activities on the environment and on human rights. It is thus not surprising that it accommodates bilateral obligations as well as obligations that protect community interests either of all states (erga omnes) or of groups of states (erga omnes partes). Furthermore, the role of community interest obligations in international energy law is not only relevant vis-à-vis the nature of obligations that fall within the field’s scope. Given the importance that states place on economic activities in the energy sector, international obligations, which reflect community interests, may be and often are enforced by energy-related measures.

scholarly journals Children of an Epoch or a Slave of His Time (about the System of Images and the Image of an Epoch in Literature)

2021 ◽  
Vol 4 (2) ◽  
pp. 10-19
Author(s):  
Albina Fedorovna Myshkina ◽  
Inessa Vladimirovna Iadranskaia
Keyword(s):  
Subject Matter ◽  
Historical Time ◽  
Philosophical Work ◽  
The People ◽  
The World ◽  
Ancient Times ◽  
The Subject ◽  
Artistic Image ◽  
Time Continuum ◽  
Historical Epoch

In human culture, since ancient times, fiction has developed as a mirror of time. Therefore, a dual understanding of time is reflected in the poetics of the work: firstly, it is the time that is connected with the narrative and is developed in the plot of the work (artistic time), and secondly, it is the time, the epoch of writing the work itself (historical time). The artistic image of the time is reflected not only in historical genres, but also in all other genres and styles of literature. The historical era of writing a work can be captured in the thoughts and worldview of the characters, in the conflict being developed, the subject matter and the problems involved. The relevance of the study is related to the fact that the tragic periods of history depicted in the work must be analyzed through the worldview and moral standarts of the people. In this regard, the purpose of this article is to identify the philosophical and aesthetic connection between the artistic time continuum and the historical epoch. The subject of the research in this article is the novelette of the literary scholar and prose writer Georgy Fedorov “Ai, mantaran hir mulkaci” ("Oh, poor hare »). In the course of the study, the following results were obtained: in an artistic and philosophical work, the category of time becomes both a method of deepening the character's personality, and an indicator of the figurative model of the world, and the subject of research.

scholarly journals ENERGY LAW FROM 2020 TO 2030 (PART 2)

2020 ◽  
Vol 3 ◽  
pp. 16-21
Author(s):  
Raphael J. Heffron ◽  
Keyword(s):  
Environmental Protection ◽  
Energy Sector ◽  
Global Perspective ◽  
Energy Resources ◽  
Policy Agenda ◽  
Journal Issue ◽  
The World ◽  
Energy Environment ◽  
Science And Education ◽  
Energy Law

Law will play a significant role in the future, in particular, for development of 2030, 2040, and 2050 energy, environment, and climate plans. For example, in order to achieve 2030 climate and energy targets, a corresponding law has to be formulated, passed, and implemented. This is because a functioning energy infrastructure takes not only time to plan, raise funds for, and build, but there are also complicated planning and environmental protection challenges that have to be met. All these lead to another important point: it is the national laws that can stimulate the energy sector development. A national government can set a policy agenda and make sure the law provides the relevant structures, incentives, and pathways for energy sector development. The purpose of this article is to provide a brief, up-to-date view of what energy law science and education should focus on as we move from 2020 to 2030. This article serves to provide a global perspective. Energy law should have similar provisions in all countries as it is based on the same technologies used across the world. What is different is the energy resources countries have at their disposal and the energy sector structures they are trying to create. At the same time, laws on the extraction of energy resources will be the same, including the system of incentives and taxation for the energy resources. Energy law science has already risen to the fore and is now supported by universities. Part 1 of the article is dedicated to energy law as a science and was published in 2020 in the Energy Law Forum journal, issue No. 2. This part focuses on development trends of energy law education and the key energy law development targets for the period from 2020 to 2030.

scholarly journals THE USE OF FORCE AND FIREARMS BY PRIVATE MARITIME SECURITY COMPANIES AGAINST SUSPECTED PIRATES

2013 ◽  
Vol 62 (3) ◽  
pp. 667-701 ◽  
Author(s):  
Anna Petrig
Keyword(s):  
Subject Matter ◽  
Use Of Force ◽  
Legal Framework ◽  
Maritime Security ◽  
The Subject ◽  
The Creation ◽  
Security Companies

AbstractThe legal framework pertaining to the use of private armed guards protecting merchant ships from Somalia-based piracy is complex, sometimes ambiguous, and currently in a state of flux. Against the background that commercial shipping increasingly relies on Private Maritime Security Companies and that various regulatory projects on the subject matter are underway, this article sketches out what domestic and international rules govern the use of force and firearms by private armed guards on board merchant ships today. It concludes that at this juncture an effort to coordinate this legal framework is necessary, both regarding the interpretation of existing rules and the creation of new norms.

scholarly journals A Journey in Cilicia Tracheia

1891 ◽  
Vol 12 ◽  
pp. 206-224 ◽  
Author(s):  
J. Theodore Bent
Keyword(s):  
Subject Matter ◽  
Ancient Times ◽  
The Subject ◽  
Careful Exploration

The district which forms the subject of the following remarks is that which we know from Strabo, as well as from numismatic evidence, to have formed the kingdom of Olba, ruled over in ancient times by a family of priest-kings, priests of Jove, dynasts of Olba, and toparchs of Lalassis and Kennatis. Having made a careful exploration of this district, and collected therein the inscriptions which are to follow, I propose to treat the subject-matter under four distinct heads, into which the ground traversed naturally divides itself:—First, the ruins of the three great coast towns between the mouth of the Lamas gorge and the plain of Selefkeh, namely Augusta-Sebaste or Elaeussa, Corycos, and Pseudo-Corasion.Secondly, the first plateau above the sea, studded with ruined towers and villages, and chiefly remarkable for the three great caves or depressions in the ground, one dedicated to the Corycian Jove, a second to the Olban Jove, and a third alluded to only by Pomponius Mela as Typhoneus.

scholarly journals Aspekty procesowe nałożenia przez Prezesa Urzędu Regulacji Energetyki kary pieniężnej. Wybrane zagadnienia

2019 ◽  
Vol 28 ◽  
pp. 259-274
Author(s):  
Aleksander Hyżorek
Keyword(s):  
Energy Sector ◽  
Current Regulation ◽  
The Subject ◽  
Energy Law ◽  
Energy Regulatory

W artykule dokonano analizy aspektów procesowych nałożenia przez Prezesa Urzędu Regulacji Energetyki kar pieniężnych, z uwzględnieniem postępowania odwoławczego od wydanych przez niego decyzji oraz postanowień. Wskazano na aktualne regulacje dotyczące przedstawionej materii oraz zaproponowano zmiany legislacyjne, które ograniczałyby liczbę aktów normatywnych mających zastosowanie do prowadzonych przez Prezesa URE postępowań, korzystając z wprowadzonych do kodeksu postępowania administracyjnego administracyjnych kar pieniężnych.Wskazano także na przykłady nałożenia kary pieniężnej za niezastosowanie się do wprowadzonych ograniczeń w dostarczeniu i poborze energii elektrycznej oraz nieprzestrzeganiu obowiązków wynikających z koncesji. Przedstawiono również procedurę odwoławczą oraz wyjaśniono pojęcie postępowania hybrydowego.Procedural aspects of imposing financial penalties by the President of the Energy Regulatory Office. Selected issuesThe considerations of this article focus on the energy law sector, in particular, expenditure sanctions by the President of the Energy Regulatory Office. The article points to the current regulation related to the subject of fines in the energy sector and presented de lege ferenda postulates. The ratio legis of the proposed changes aimed at the unification of the proceedings before the President of the Energy Regulatory Office is also discussed. Reference is also made to the procedural aspects of the proceedings.

scholarly journals PROCEEDINGS IN CASES REGARDING THE ESTABLISHMENT OF BIRTH OR DEATH OF A PERSON ON THE TEMPORARILY OCCUPIED TERRITORY OF UKRAINE

2020 ◽  
pp. 50-59
Author(s):  
O. Ugrunovska ◽  
M. Piniashko
Keyword(s):  
Subject Matter ◽  
Burden Of Proof ◽  
Legal Framework ◽  
Place Of Birth ◽  
Active Participant ◽  
Know How ◽  
Occupied Territory ◽  
The Subject ◽  
Judicial Procedure

The article examines the functioning of the judicial procedure for establishing the facts of birth and death on the temporarily occupied territory of Ukraine in terms of its regulation and effectiveness. The authors analyze the procedural nature of the separate proceeding according to national legislation of Ukraine in comparison with legal framework of several foreign states. As a result, it has been stated that the establishment of the above-mentioned legal facts is not the only Ukrainian know-how. Specific attention has been paid to the issues of juridical technique regarding the determination of participants that can submit an application in order to set a fact of birth or death of a person. In particular, it has been found that Ukrainian legislator does not circumscribe such categories as "persons who can hand in an application" and "applicants". It has been delineated that lodging an application by the applicant's attorney does not substitute the presence of the independent legal interest, which is necessary to become applicant. In addition, the article explores the process of proving. It has been concluded that the burden of proof rests on the applicant. However, the court is obliged to be an active participant of the proving in order to establish the circumstances of the case, namely: to request evidence, order to carry out expertise etc. The subject-matter of the cases concerning the establishment of facts of birth or death of a person on the temporarily occupied territory of Ukraine comprises, inter alia, the circumstances regarding time and place of birth (death), familial relationships between the applicant and the person who was born (died). Finally, the article examines the enforcement of the "Namibian exception" in the context of the evaluation of the evidence.

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