A Case for an International Legal Regime on Renewable Energy Peter Kayode Oniemola RLRG Seminar, School of Law University of Aberdeen 22 June 2011

Outline Introduction The Push towards Renewable Energy -Energy Security -Climate Change and other environmental concerns International Regimes Relevant to Renewable Energy -Soft Laws -Treaties Post-2012 Climate Change Negotiations Statute of International Renewable Energy Agency (IRENA) The Emergence of a Treaty on Renewable Energy Conclusion

Introduction Renewable energy has the potential of contributing to energy security and climate change mitigation. International environmental law instruments give credence to the promotion of Renewable Energy for climate change mitigation. Existing international law instruments relevant to renewable energy are inadequate. A need for a multilateral treaty on the promotion of renewable energy is important.

Push Towards Renewable Energy Energy Security Climate change and other environmental concerns

Soft Laws Clearly articulated in Soft laws are steps to promote renewable energy: -Rio Declaration -Agenda 21 -Johannesburg Plan of Implementation -The Group of Eight (G8) Gleneagles 2005 Plan of Action -Beijing Declaration on Renewable Energy for Sustainable Development. The documents call for measures promoting renewable energy and transfer of environmentally sound technologies. Soft laws are not binding in international law.

Treaties United Nations Convention on the Law of the Sea (UNCLOS) Recognition of the sovereign rights of nation states to the economic exploitation and exploration of natural resources within their exclusive territorial and economic zones. -The rights include the production of energy from renewable energy sources wind and ocean; and the right to construct turbines, subject to the obligation to respect the rights of other states and the safe removal of installations when abandoned. - A need for a caveat in decommissioning in relation to renewable energy technology installations.

United Nations Framework Convention on Climate Change (UNFCCC) Ultimate objective: Climate change mitigation and sustainable development. Enjoins State Parties to take measures to mitigate climate change. Transfer of environmentally sound technology. Steps to promote renewable energy. No clear provisions on the renewable energy.

Kyoto Protocol Commits developed countries to binding mitigation targets. Transfer of environmentally sound technologies Clean Development Mechanism (CDM) projects on renewable energy. Joint Implementation projects on renewable energy The CDM and JI have been characterised by implementation and distribution problems. The design of the CDM and JI favour other mitigation measures/sectors.

Post-2012 Climate Change Negotiations The Bali Road-Map and the current negotiations for a post-2012 climate change regime are limited on matters bothering on renewable energy. The Copenhagen Conference and Accord as well as the Conference at Cancun pay more attention to other mitigation measures. Renewable energy lacks prominence in the ongoing negotiation process for a post-2012 climate change regime.

Statute of International Renewable Energy Agency The first international treaty created to set up an agency specifically devoted on the promotion of renewable energy. IRENAs goal is to promote the widespread and increased adoption and the sustainable use of all forms of renewable energy. IRENA lacks the capacity which States may possess in enhancing the promotion of renewable energy in their respective jurisdictions.

Towards an Emerging Treaty... The existing international regimes have not effectively addressed the promotion of renewable energy. A treaty on renewable energy is paramount. A need for the integration of existing rules. The treaty provisions should bind parties by committing them to set targets and schemes on the promotion of renewable energy. Removing barriers to renewable energy development, investment and trade. Balancing the promotion of renewable energy with sustainable development.

CONCLUSION Considering the potential role of renewable energy, there is a need for the emergence of a multilateral treaty on the promotion of renewable energy

THANK YOU PETER ONIEMOLA