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General Problems of Approaches to the Legal Regulation of Relations in the Green Energy Sphere
 
PIIS231243500022395-2-1
DOI10.18572/2410-4396-2021-2-63-69
Publication type Article
Status Published
Authors
Mikhail I. Kleandrov 
Occupation: Chief Research Scientist of the Institute of State and Law of the Russian Academy of Sciences (ISL RAS), Chief Research Scientist of the Center for Energy Law of the Saint Petersburg State Economic University
Affiliation:
Institute of State and Law of the Russian Academy of Sciences
Saint Petersburg State Economic University
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 2
Pages63-69
Abstract

The article reviews the range of problems of basic approaches to legal regulation of relations in the green energy sphere. The author casts doubts on the established opinion that the industrial activity of the human civilization based on the use of hydrocarbons is to blame for the increase in the temperature of the Earth's atmosphere, and thus challenges the corresponding legal regulation that is focused on combating this problem, both on the Russian and global scale. Cyclic changes in the climate of our planet (in both vectors) are mainly of natural character, and if the modern mankind can influence these processes, it is just to an insignificant extent. A truly serious threat to the humanity is now posed by waste of human activity, and green energy should be refocused on combating this problem by changing the legal regulation vector.

Keywordsenergy law, green energy, legal regulation, anthropogenic factors
Received01.06.2021
Publication date30.06.2021
Number of characters24356
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1 For several decades, the central dogma in the energy sector of the economy has been a deeply-rooted conviction that the humanity on our planet is threatened by climate rapidly changing towards higher temperatures along with all the subsequent extremely negative consequences. And the main reason for this is the activity of the human civilization, primarily the activity of industrial enterprises that observe the natural requirements of environmental safety to an insufficient extent or totally neglect them.
2 A rather popular belief is that the sixth mass extinction of biota is coming on our planet, and if the previous five were of natural character (not all living things became extinct in the end), the upcoming sixth one is not a result of the standard laws of nature (whatever that means) but a result of activities of the mankind that damages the environment. And the alarmists even claim that we have already passed the point of no return on this path. It comes to a point where Professor Gregory Okin from the University of California, blamed 160 million dogs and cats for 64 million tons of carbon dioxide emitted annually into the US atmosphere as they eat too much meat, and the processes associated with meat production entails the emission of the named volume of carbon dioxide comparable to the use of 13 million cars per year. But our planet is home to about 400 million cats and 525 million dogs.
3 Accordingly, it is assumed that the legal regulation of relations in the field of ensuring the environmental safety of such activities of the human civilization does not create insurmountable obstacles to the deterioration of the climate on the Earth.
4 In other words, according to this dogma, the temperature on our planet is steadily increasing, and as a result, ice is melting, the level of the World Ocean rises (which threatens flooding of a number of densely populated lowlands of the planet), weather conditions are deteriorating in the broadest sense and everywhere, the level of atmospheric pollution with emissions of carbon dioxide is growing, ozone holes appear in the atmosphere and increase (although it’s true that they are decreasing as well, but alarmists do not want to talk about it), and so on.
5 And it turns out that the industrial activity of the human civilization is to blame for all these globally threatening processes, and above all the activity associated with the production and use of energy resources. And, accordingly, both the energy sector of the economy and its legal regulation should bear their share of the blame for these processes along with the scientific support if we look broader and deeper.
6 It can be assumed that the natural reaction of the central authorities of our state to these alarming signals of representatives of the environmental science was the corresponding amendments to the Constitution of the Russian Federation of 2020. Thus, in accordance with Part 1 of Art. 114 of the Constitution of the Russian Federation, the Government of the Russian Federation now: “ensures the implementation of a single socially oriented state policy in the Russian Federation ... as well as in the sphere of ecology” (Clause c); “takes measures aimed at creating favorable living conditions for the population, reducing the negative impact of economic and other activities on the environment, preserving the country’s unique natural and biological diversity and forming a responsible attitude towards animals in the society” (Clause f5); “creates conditions for the development of a system of environmental education of citizens, the development of the environmental culture” (Clause f6). Not to mention that by virtue of Art. 42 of the Constitution of the Russian Federation (forming part of its inviolable Chapter 2 Rights and Freedoms of Man and Citizens), “everyone shall have the right to favorable environment, reliable information about its state and recovery of damage inflicted on his health or property by an environmental offense”.
7 The relevant legal and other regulatory acts aimed, inter alia, at ensuring the implementation of the named constitutional provisions are developed and adopted in various formats including program and strategic ones. For example, by Decree No. 666 of November 4, 2020, On the Reduction of Greenhouse Gas Emissions, the President of the Russian Federation obligated the Government of the Russian Federation to do the following for our country to implement the Paris Agreement of December 12, 2015 (i.e., more than five years from its adoption! — M.K. ): a) by 2030, ensure the reduction in greenhouse gas emissions by up to 70 percent compared to the level of 1990 taking into account the maximum possible absorbing capacity of forests and other ecosystems and provided that the socioeconomic development of the Russian Federation is sustainable and balanced; b) develop and approve the Strategy for the Socioeconomic Development of the Russian Federation with a Low Level of Greenhouse Gas Emissions until 2050 taking into account the specifics of economic sectors; c) ensure the creation of conditions for the implementation of measures to stop and prevent greenhouse gas emissions as well as to increase the absorption of such gases. This Decree entered into force on the day of its official publication.

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