Keeping the Lights On: Businesses, Human Rights and Access to Electricity
| Author | Apostolos Skoutas |
| Position | PhD Candidate (UoA), LLM in Maritime Law (dist) (University of Southampton), Lawyer (Athens) |
| Pages | 1-10 |
(2021)
Vol. 11
1
Keeping the Lights On: Businesses, Human Rights and Access to
Electricity
Apostolos Skoutas
*
Abstract
The article explores the extent t o which a right to electricity access may be found under international human
rights law and critically evaluates the related duties of businesses regarding electricity access, under international
investment law. The article also examines the relationship between the relevant human right and the business
sector, as it is energy corporations, which are the actual providers of electricity. First, the arguments for the
existence of a right to electricity in international law is critically evaluated. Then, the article raises the question
of whether, considering international investment law, private actors should be deemed as duty-bearers of a
human right to electricity access. The last section is concerned with the horizontal conception of a human right
to electricity access. Specifically, the author argues over the existence of several horizontal dimensions of human
rights duties and why from a policy argument, states may be reluctant to adopt legislation for imposing human
rights duties to corporations.
“We will make electricity so cheap that only the rich will burn candles.”
―
Thomas A. Edison
Introduction
t is more than evident that electricity plays a vital role in our modern societies. Access to
electricity has dominated our everyday lives, but also heavily influenced key economic
policies worldwide, during the past decades.
1
These economic policies resulted in the
liberalization of the energy market; a process still ongoing today in the European Union.
2
Recent data from the World Bank showcases that the percentage of people having access to
electricity globally was increased from 76% to 88% in almost two decades.
3
The importance
of universal electricity access is substantial to all countries and especially the developing ones,
which are desperately in need of electricity investments for their economic, social and cultural
growth.
4
Despite the considerable progress towards universal electricity access, a human right to
electricity access is rarely found in international law. Electricity access is key in combating
energy poverty and influences directly the right to housing and development.
5
Critically, the
*
PhD Candidate (UoA), LLM in Maritime Law (dist) (University of Southampton), Lawyer (Athens).
I am
very grateful to Professor Uta Kohl for the invaluable guidance and the smart and well thought comments on
the essay. I would also like to thank Professor Constantine Antonopoulos for his kind words and encouragement
when asked about the submission of the paper.
1
Roger Fouquet, ‘A brief history of energy’ in Joanne Evans and Lester C. Hunt (eds)
International Handbook
on the Economics of Energy
(EEP 2009) 10-11. Also see Dilip Ahuja and Marika Tatsutani, ‘Sustainable energy
for developing countries’ (2009) 2 S.A.P.I.EN.S 1, 3.
2
Fouquet (n 1) 14.
3
See: The World Bank, ‘Access to electricity (% of population)’
<https://data.worldbank.org/indicator/EG.ELC.ACCS.ZS?end=2017&start=1990&view=chart> accessed 11
January 2021.
4
Reinhard Madlener, ‘The economics of energy in developing countries’
in Joanne Evans and Lester C. Hunt
(eds)
International Handbook on the Economics of Energy
(EEP 2009) 740.
5
Lars Löfquist, ‘Is there a universal human right to electricit y?’ (2020) 24 IJHR 711, 716.
I
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