Energy Justice, Law, and Poverty in the Context of Mesoamerican Countries

Author(s):  
José Juan González

This chapter has the aim of evaluating the connections between law and energy justice in the context of Mesoamerican legal regimes. From the perspective of the social justice dimension of distributional justice, it surveys the way legislation addresses the main drivers of energy poverty and how the law deals with them. To achieve its aim, the chapter is divided into four sections. The first section surveys the main drivers of energy poverty in the Mesoamerican region. The second discusses recent progress regarding electricity service coverage expansion. The third analyses how Mesoamerican legislation pretends to make reality the principles of SDG 7 and the main obstacles the law confronts to achieve them. The fourth section discusses the idea of considering access to affordable, reliable, and clean energy as a human right; and finally section five points out some conclusions.

Author(s):  
Michael Willoughby ◽  
José Millet-Roig ◽  
José Pedro García-Sabater ◽  
Aida Saez-Mas

This chapter is about a successful energy co-operative in Spain. With rising poverty and energy prices among the most expensive in Europe and, the cooperative not only provides a reliable source of clean energy to consumers, but also forms a central part of the community in which it is situated. The case study points to a need for private enterprises to collaborate with local authorities and social services to provide solutions to drastic situations of poverty that are still prevalent, particularly in areas of Southern and Eastern Europe. The Spanish energy cooperative demonstrates one way in which the social economy can help to shape the future of the welfare state in the absence of state funding and in the face of national policies that are not well aligned.


The book Achieving Sustainable Energy for All in Africa addresses the role of law in securing energy access for huge numbers of people in Africa who live without the benefit of modern energy services. Contributions to the book offer a variety of legal and socio-legal perspectives on the subject of energy access, describing the dire situation of energy poverty on the African continent and emphasizing its implications for overall development. Specific themes addressed include the concept of energy justice, the international human rights framework for advancing the notion of a right to energy, and the role of regulation and legal reform in achieving the desired levels of energy access. In particular, attention is focused on the use of law and policy to create an enabling environment, including appropriate dispute resolution mechanisms, for the financing of energy infrastructure and the development of new forms of energy. In relation to the latter, key considerations for constituting intellectual property governance regimes that promote access to relevant technology are canvassed. Furthermore, the disproportionate impact of energy poverty on women, children, and disabled persons is highlighted in the context of the limitations of existing law and the growing recognition of this reality in emerging legal interventions. The environmental dimension, which similarly affects these vulnerable population groups, is directed at the water-energy nexus, critical to the provision of clean water and clean energy. The focus on Nigeria and South Africa in some chapters reflects the institutional collaboration from which this volume has emerged.


2021 ◽  
Vol 7 (1) ◽  
pp. 45
Author(s):  
Taufik Kurahman

<p class="06IsiAbstrak"><span lang="EN-GB">Perceraian tentu tidak diharapkan oleh keluarga mana pun, kecuali jika memang keadaan telah mendesak. Bahkan, Nabi menjelaskan bahwa meskipun perceraian adalah perkara yang diperbolehkan, namun ia merupakan masalah yang paling dibenci Tuhan. Dua persoalan yang selalu dibahas adalah tentang hak mengajukan perceraian dan konsep talak tiga, yang hingga kini dirasa lebih menguntungkan pihak suami. Artikel ini bertujuan mengkaji kembali beragam hal pokok dalam masalah perceraian yang berkaitan dengan tatanan masyarakat modern. Beberapa masalah yang dimaksud adalah hak menginisiasi perceraian, maksud talak tiga, dan rujuk. Hermeneutika Nashr Hamid Abu Zayd digunakan sebagai pisau bedahnya. Penggunaan hermeneutika Abu Zayd dalam masalah perceraian dianggap sesuai karena hermeneutikanya dikembangkan untuk menjawab kesenjangan-kesenjangan sosial dan HAM, khususnya hal-hal yang berkaitan antara laki-laki dan perempuan, sebagaimana yang dicontohkannya dalam masalah poligami dan hak waris. Dengan menggunakan teori lima konteks hermeneutika Abu Zayd, yaitu konteks sosio-kultural, konteks eksternal, konteks internal, konteks bahasa, dan konteks takwil, penelitian menghasilkan kesimpulan bahwa Islam tidak menghendaki perceraian. Bahkan, dalam bahasa yang lebih ekstrim, dapat dikatakan bahwa perceraian dilarang dalam agama Islam. Nas-nas Islami menunjukkan bagaimana perceraian menjadi pilihan terakhir bagi hubungan suami-istri.</span></p><p class="06IsiAbstrak">[</p><p class="06IsiAbstrak"><strong><span lang="EN-GB">Nashr Hamid Abu Zayd’s Hermeneutics: Analysis Hadiths of Divorce. </span></strong><span lang="EN-GB">It is not expected by any family, unless the circumstances have been urgent. The Prophet explained that although divorce is a permissible issue, it is a decision that God hates the most. Two issue that are always discussed by scholar in this issue are the right to file for divorce and the concept of “talak tiga” (the third divorcing), which is considered favor husbands over wifes. The article was written to reexamine various main divorce issues in modern views. Some of the probles are the right to file for divorce, the purpose of talak tiga, and the reconciliation. For these purposes, the author uses Nashr Hamid Abu Zayd’s hermeneutics as a approach. The use of Abu Zayd’s hermeneutics is divorce issues is approriate, because his hermeneutics were developed to address the social and human right gaps, especially issues relating to men and women, as he exemplified in the problem of polygamy and inhertance rights. By using Abu Zayd’s theory of five hermeneutical contexts, namely the socio-cultural context, external context, internal context, language context, and takwil context, the research resulted in the conclusion that Islam does not want the divorce happen. Even, it can be said that divorce is prohibitted in Islam. Islamic texts show how divorce is the last option for a marriage relationship.</span>]</p>


2019 ◽  
Vol 8 (2) ◽  
pp. 185
Author(s):  
Achmad Musyahid Idrus

Legal protection is a human right which is a basic need for every human being, both human beings as legal subjects and human beings as legal objects. As legal subjects, humans have civil rights that must be implemented in accordance with applicable legal provisions. Likewise with humans as legal objects, their rights must still be protected even though they have been convicted by law. Sometimes legal protection for humans cannot be realized because the source of the applicable law does not provide legal instruments and even the protection of the law does not materialize because of the lack of understanding of the source of the law which applies in society.Islamic law as one source of law and adopted in countries like Indonesia offers the conception of legal protection in accordance with the dignity and human rights, because of the flexibility of Islamic law, so that Islamic law can be understood and adjusted to the social development of the society. Islamic law that emphasizes public benefit guarantees the legal protection needed by the community, but the values of flexibility must still be explored from the main sources of the Qur'an and the hadith of the prophet.


2021 ◽  
Vol 3 ◽  
Author(s):  
Katrin Grossmann ◽  
Elena Trubina

Since the concept of energy poverty first emerged, studies have combined normative orientations, analytical approaches and policy review to engage with energy deprivation as a problematic feature of contemporary societies. Over the past decade, this scholarship has aimed to conceptualize the normative grounds for critique, empirical work and policy design when engaging with the interplay of social life and energy systems. Scholars now include dynamic and complex concepts such as energy vulnerability and energy deprivation and are shifting toward the incorporation of social-philosophical justice concepts. However, in most of these writings on energy equality or energy justice, material aspects like access to (clean) energy, affordable energy costs, and material deprivation are in the foreground. This resonates with the energy poverty literature's emphasis on energy poverty as a material deprivation (Longhurst and Hargreaves, 2019). The way that energy poverty can result in financial stress, cold homes, poor health and the need to cut other basic expenditures is well-explored, but the less tangible, non-material deprivations stemming from energy poverty are less well-captured. We instead find it beneficial to also focus on the less tangible, non-material deprivations which have not yet been captured conceptually, and argue that the concept of dignity can be a pathway to investigate them. We aim to demonstrate how “dignity” can add to the normative orientations of energy poverty and energy justice research, and complement existing frames. With an empirical position in Europe we will draw from own empirical data and existing literature to illustrate how households living in energy poverty, or being cut off from energy provision, experience dignity violations.


Legal Spirit ◽  
2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Enny Umronah

During the Covid-19 pandemic the Government through the Ministry of Law and Human Right Regulation, issued an Assimilation Policy and Integration for Adult and Children Inmate. The implementation of this policy is accompanied by a monitoring device for Inmates who receive the program. Supervision of the implementation of assimilation and integration is carried out by the Rehabilitation center (Bapas), with a supervisory officer called the Social Adviser (PK). The supervision is carried out by observing and assessing the implementation of the service program, coaching and mentoring of the prisoners that are conducted by online. This supervision is a means of preventing and controlling the Covid-19 virus, and so that they do not violate the law again. Supervision that is not carried out optimally can result in violations of the law again by the perpetrators of criminal acts. Especially in a pandemic situation, the repetition of violations of the law is in the public spotlight, because it makes a double impact on the community apart from the pandemic impact. Based on the description above in this Scientific Writing, the writer takes the title "Juridical Analysis On The Supervision Of Assimilation And Integration To Adult And Child Inmates During Covid 19 Pandemic (Study At Class 1 Rehabilitation Center Of Malang)". This research has the formulation of the problem in the form of: how was the supervision of assimilation and integration for adult and children inmates during the Covid-19 Pandemic? and what factors influence the implementation of assimilation and integration supervision for inmate parole and integration when the Covid-19 Pandemic? Furthermore, this study aims to describe and explain the supervision of assimilation and integration for adult and children inmates when the Covid-19 Pandemic, also describe and analyze the factors that influence the supervision of assimilation and integration for adult and children inmates during the Covid-19 Pandemic.Keywords: Oversight, Assimilation, Integrity, Prisoners, Children


2021 ◽  
Vol 39 (3) ◽  
pp. 35-43
Author(s):  
A. T. Ragimov ◽  

The article examines the mechanisms of the impact of social and psychological factors on the realization of the human right to the protection of the law. This problem is considered through the prism of human rights relations, which allow us to demonstrate in dynamics how these factors affect the state of human rights relations between a person and the state. An attempt is made to show the peculiarities of the influence of social and psychological phenomena on the behavior of a person who finds himself in the role of an authorized party to a legal relationship and on the behavior of a state that finds itself in the role of an obligated party to a legal relationship


Author(s):  
Antonios Broumas

The purpose of this chapter is to outline the methodology of the author’s research that aims to identify the contemporary manifestations of commonification in the circulation of social value and, thus, grasp the actual formations of the intellectual commons, both offline and online, in the current socio-historical context. This research decrypts the generation, circulation, pooling together and redistribution of social value observed in the intellectual commons communities of the research sample, with the aim of showing the importance of the intellectual commons for social reproduction. This chapter sets out the methodological bases and the design of the research in three sections. The first of these spells out the methodological orientation of the research. The second unveils the design of the research. The third describes the coding process followed in relation to data collected from eight Greek intellectual commons communities, which constitute the sample of the current research. Overall, this chapter lays down the methodological foundations of the research and the framework to used elicit the research findings and conclusions exhibited in the following chapters and thus supports its overall normative argumentation that the intellectual commons have significant moral value, which justifies their independent protection and promotion by the law.


Author(s):  
Rosemary J. Jolly

The last decade has witnessed far greater attention to the social determinants of health in health research, but literary studies have yet to address, in a sustained way, how narratives addressing issues of health across postcolonial cultural divides depict the meeting – or non-meeting – of radically differing conceptualisations of wellness and disease. This chapter explores representations of illness in which Western narrators and notions of the body are juxtaposed with conceptualisations of health and wellness entirely foreign to them, embedded as the former are in assumptions about Cartesian duality and the superiority of scientific method – itself often conceived of as floating (mysteriously) free from its own processes of enculturation and their attendant limits. In this respect my work joins Volker Scheid’s, in this volume, in using the capacity of critical medical humanities to reassert the cultural specificity of what we have come to know as contemporary biomedicine, often assumed to be


2020 ◽  
Vol 1 (2) ◽  
pp. 189-193
Author(s):  
Aisha Naiga ◽  
Loyola Rwabose Karobwa

Over 90% of Uganda's power is generated from renewable sources. Standardised Implementation Agreements and Power Purchase Agreements create a long-term relationship between Generating Companies and the state-owned off-taker guaranteed by Government. The COVID-19 pandemic and measures to curb the spread of the virus have triggered the scrutiny and application of force majeure (FM) clauses in these agreements. This article reviews the FM clauses and considers their relevance. The authors submit that FM clauses are a useful commercial tool for achieving energy justice by ensuring the continuity of the project, despite the dire effects of the pandemic. Proposals are made for practical considerations for a post-COVID-19 future which provides the continued pursuit of policy goals of promoting renewable energy sources and increasing access to clean energy, thus accelerating just energy transitions.


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