The development of energy law in the 21st
century: a paradigm shift?
Raphael J Heffron* and Kim Talus**
* Queen Mary University of London Centre for Commercial Law Studies, Energy and Natural Resources Law Institute.
** University of Eastern Finland, UEF Law School.
Abstract
To date there have been limited attempts by energy law scholars to ensure that their research impacts upon legal practice and in particular upon the decision-making of judges. One of the aims of this article is to address this issue and call for the need of energy law scholars to re-engage with what their sub-discipline of law is and also to provide new scholarship that can bridge the gap between academics and professionals in energy law. This article aims to begin a wider movement across the
energy law field of scholars with the aim of initiating and advancing the aim and direction of energy law. A central aim of this article is to begin a debate on whether a paradigm shift is needed in energy law. As part of this new initiative, three theoretical frameworks are advanced and these are as follows:
(i) The Energy Law and Policy Triangle; (ii) The Theory of Change in Energy Law; and (iii) The Power of Energy Law: Targeted Legislation. These theories outlined in this article aim to highlight some of what scholars and practitioners should focus on, and present them with thinkingtools or theories of how to do so. In order to finalize the emergence of energy law as its own sub-discipline of law it needs its own theory to evolve and grow as other sub-disciplines of law do both in theory and in practice.