Net Zero and Natural Resources Law: Sovereignty, Security and Solidarity in the Clean Energy Transition (Oxford University Press, 2024)

The IBA’s Section on Energy, Environment, Natural Resources and Infrastructure Law is advised by the Academic Advisory Group (AAG), a group of leading academics from around the world. Every two years, the AAG publishes a book about a key topic of interest to the entire Section. This year’s book focuses on the legal issues involved with the clean energy transition. In response to the climate emergency, several countries, corporations and other actors worldwide have announced programmes aimed at reducing global emissions of greenhouse gases that contribute to climate change to net zero by the year 2060 or earlier. While the need for a clean energy transition is clear, incoherently designed transition programmes could produce complex environmental, social and governance risks, including legal liability and protracted disputes. At the same time, the growing rush for minerals needed to manufacture clean energy technologies raises fundamental questions. Most crucial is how to ensure the exploration and development of energy transition minerals in a manner that does not exacerbate resource conflicts, resource nationalism, human rights violations, protectionism, energy insecurity, social exclusions and inequity, especially in conflict-affected and high-risk regions. These scenarios raise the need for net-zero and climate-aligned natural resource contracts, legislation and investment agreements to drive a just and inclusive energy transition. With presentations from some of the expert contributors to the latest AAG book, Net Zero and Natural Resources Law, this panel session reflected upon innovative legal drafting, contract negotiation and policymaking approaches needed to address the wide range of resource sovereignty, security and solidarity questions posed by the net zero transition.