Regulating for Sustainability

Document Cited in Related
DOI10.3366/gels.2024.0107
Author
Pagesv-vii
Date01 February 2024
Published date01 February 2024

Some three decades ago, a rallying cry arose in support of a new orientation in public law: regulation for competition. Alongside a proliferation of regulatory agencies across formerly state-controlled sectors of the economy, including electricity and gas, came the idea that a body of law was required to promote competition and its benefits to consumers. Now, the impact of climate change and responses to it have quietly but firmly replaced this orientation with a new phase of regulation by states: regulation for sustainability. The basis for this new wave of state regulatory measures is only in part a response to international climate change commitments. Such regulation also seeks to address a range of problems arising from measures and policies designed to bring about an energy transition. Large-scale expansion of infrastructure versus the protections of nature and community in environmental and planning law, are one example of the tensions that are already evident. An urgency behind the introduction of such climate mitigation versus the need to respect democratic processes is another. An upscaling of renewable energy along the lines sought by COP leaders will seriously challenge existing regulatory frameworks in many countries, designed to meet quite different purposes, as well as engaging with...

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