Net Zero and Natural Resources Law Sovereignty, Security, and Solidarity in the Clean Energy Transition

States, corporations, and other actors worldwide have committed to measures aimed at bringing down global emissions to net zero by the year 2060 or earlier. While the need for a clean energy transition is clear, incoherently designed transition programs can pose complex environmental, social, and governance risks, including legal liability and protracted disputes. At the same time, the rush for minerals needed to manufacture clean energy technologies raises fundamental questions–most crucially, 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.

By studying the legal and regulatory systems of Africa, Asia, Europe, Australasia, and North and South America through the themes of sovereignty, security and solidarity, Net Zero and Natural Resources Law provides an in-depth discussion of tools and techniques for addressing the legal and contract risks relating to the clean energy transition. This book offers a comprehensive and authoritative account of the nature, scope, and guiding principles of natural resources law and policy in a net zero era. Consideration is given to the integrated resource governance roadmap that is needed to improve coherence and coordination in the design, financing, and implementation of energy transition programs across the entire natural resource value chain.

Damilola S. Olawuyi, SAN is a professor and UNESCO Chair on Environmental Law and Sustainable Development at the Hamad Bin Khalifa University in Qatar. He is the director of the Institute for Oil, Gas, Energy, Environment and Sustainable Development at the Afe Babalola University, Nigeria. He has published extensively in the fields of natural resources, energy, environment, and business and human rights law. His recent book Environmental Law in Arab States (OUP, 2022) received the 2023 American Society of International Law Certificate of Merit for High Technical Craftmanship and Utility to Practicing Lawyers. He is an Independent Expert on the UN Working Group on Business & Human Rights, Vice Chair of the International Law Association, Chair of the Association of Environmental Law Lecturers in Middle East and North African Universities, and member of the Academic Advisory Group of the International Bar Association's Section on Energy, Environment, Natural Resources and Infrastructure Law.

José Juan González is a full law professor at the Metropolitan Autonomous University, Azcapotzalco, México and director of the Mexican Institute for Environmental Law Research, Mexico. He received his LLM in economic law from Metropolitan Autonomous University, Mexico, and his PhD in environmental law from the University of Alicante, Spain. He is chairman of the Mexican Institute for Environmental Law Research and director of the Mexican Environmental Law Journal. Professor Gonzalez is a fellow of the National Research System of the Mexican Council of Science and Technology, level III. He is a member of the Governing Council of the IUCN Academy of Environmental Law and the Academic Advisory Group of the International Bar Association's Energy, Environment, Natural Resources and Infrastructure Law section. He was the director of the legal division of the Attorney General's Office for Environmental Protection. In 1999, he drafted the Environmental Act of Mexico City, which is currently in force.

Hanri Mostert is a professor and principal of the DST/NRF SARChI Research Chair: Mineral Law in Africa, Department of Private Law, Faculty of Law, University of Cape Town, Cape Town, South Africa. Professor Mostert holds a doctorate degree in LL.D. in constitutional property law from the University of Stellenbosch where she also completed her LL.M. Degree. In 2023 she was inaugurated to the Academy of Science of South Africa and is also a member of the Academic Advisory Group within the International Bar Association's Section on Energy, Environment, Natural Resources and Infrastructure Law.

Milton Fernando Montoya is a lawyer from the Externado de Colombia University. He holds many roles including Partner at Holland & Knight; Director of the Mining and Energy Law Institute at Externado de Colombia University; Director of the Energy Transition Observatory; and President of the Latin American Mining Law Network. He is a member of the board of directors of the Regional Center for Energy Studies, the Mining, Petroleum and Energy Bar Association, and the Academic Advisory Group of the Energy, Environment, Natural Resources and Infrastructure Energy and Natural Resources Section of the International Bar Association. He is an honorary lecturer at the University of Dundee (Scotland), and guest professor at the University of Durham (England), the Pontifical Catholic University of Peru, and the University of Almería (Spain). He has served as legal advisor to the Colombian National Legal Defense Agency, the Colombian Ministry of Mines and Energy, and the Colombian National Mining Agency.

Catherine Banet (PhD) is a professor at the University of Oslo, Faculty of Law, Scandinavian Institute of Maritime Law, Energy and Resources Law Department, Norway. Her core fields of legal expertise include energy law, environmental law, competition law (particularly state aids), and EU/EEA law. She has a background in private law practice (Norway, France), the European Commission (DG ENV, Belgium), US diplomatic mission and academia. She is used as a lecturer at international universities and is a regular speaker at conferences. She is the author of several books, studies and articles. She is a consultant for national and international organisations, including the European Commission.

1. Introduction: The New Age of Natural Resources Law and Policy: From Resource Conservation to Net Zero, Damilola S. Olawuyi, José Juan González, Hanri Mostert, Milton Fernando Montoya and Catherine BanetPart I Sovereignty: Introductory Context and Principles2. Sources and Principles of Natural Resources Law and Policy in a Net Zero Era, Mehrnoosh Aryanpour3. Net Zero Transition and Resource Sovereignty: Emerging Trends and Changing Landscape, Tengi George-Ikoli, Aaron Sayne and Damilola S. Olawuyi4. Natural Resource Contracts and Net Zero, Kim Talus, Qaraman M. Hasan and Damilola S. Olawuyi5. Critical Minerals Strategies, Net Zero, and Natural Resources Law, Barry BartonPart II Security and Justice Risks in Net Zero Transition6. Securing the Supply of Critical Minerals for Net Zero: Chinaâs Regulatory and Policy Frameworks on Lithium, Hao Zhang7. Security and Intergenerational Equity in the Net Zero Transition: Lessons from Canada, Alastair R. Lucas and Akinbobola O. Olugbemi8. Net Zero and Energy Diversification: Lessons from Colombia, Milton Fernando Montoya and Ana Paola Gutiérrez9. Extractive Justice and the Net Zero Transition: Some African Perspectives, Hanri Mostert and Lindsay Taylah Moses10. Gender Justice and Net Zero Energy Transition: Perspectives from the United Kingdom and Sub-Saharan Africa, Adenike Akinsemolu and Walters Nsoh11. Net Zero, Human Rights, and ESG Risk Management, Damilola S. Olawuyi and Elena I. Athwal12. Net Zero and Environmental Impact Assessments: The Baseline Bar in the United States, Nadia B. Ahmad13. Resource Efficiency and Net Zero Buildings, LeRoy C. Paddock14. Hydrogen and the Net Zero Transition, Hugo Meyer van den Berg15. How Net Zero Goals Impact Electricity Systems and Supply Security: An Analysis of the EU Legal Framework, Martha M. RoggenkampPart III Building Solidarity for Net Zero: Lessons Learned and Future Directions16. The Role of Regional Emissions Trading Systems in the Achievement of a Net Zero Energy Economy, Íñigo del Guayo and José Antonio Redondo Torres17. Promoting Solidarity for Net Zero: The Potential and Limitations of the EU Carbon Border Adjustment Mechanism, Louis de Fontenelle and Elodie Annamayer18. Regional Free Trade Agreements and Net Zero Transitions: Lessons from the US, Mexico, and Canada Free Trade Agreement, José Juan González Márquez and Ana María Pacheco Ruiz19. Mitigating Damages in Net Zero Energy Transitions through Investment Treaty and Market Reforms, Anatole Boute and Sara Soini20. Power Politics: American Law and the Challenges of Promoting Solidarity for Net Zero, Donald Zillman and Anthony Moffa21. Towards Net Zero: A Cross-Sectoral Analysis of Australiaâs Energy Transition, Lee Godden22. Conclusion: Net Zero and the Future of Natural Resources Law, Damilola S. Olawuyi, José Juan González, Hanri Mostert, Milton Fernando Montoya and Catherine Banet