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This book offers an edited volume for all readers who wish to gain
an in-depth grasp of the economic analysis of recent developments
in energy law and policy in Europe and the United States. In
response to waning resources and heightened environmental
awareness, many countries are now seeking to redefine their energy
mix. Several energy sources are available: coal and oil, natural
gas, and a variety of renewables. Yet which of them are capable of
addressing core energy-related concerns? Reliability, security,
affordability, fairness, and sustainability all have to be taken
into account. Further, once a target mix has been identified, two
challenges remain for legal scholars: what role does the law play
in achieving a specified energy mix, and, how can the law best
fulfill that role? The essential energy concerns are just as
important in defining the way we shape our energy mix as they are
in defining the mix itself. An example of current challenges in
energy law and policy can be seen in the pursuit by the German and
Swiss governments of the so-called "Energiewende" (energy
transition). These policies are intended to enable the transition
from a non-sustainable use of fossil and nuclear energy to a more
sustainable approach based on renewable energies. On the one hand,
the goal is to achieve a decarbonization of the energy economy by
reducing the use of fossil energy sources such as petroleum, carbon
and natural gas. On the other, and in response to the Fukushima
nuclear accident, a phase out is intended to eliminate the dangers
of nuclear technologies. Achieving these goals poses tremendous
challenges for the two countries' energy policies - partly because
the energy transition will not only affect energy production, but
also energy consumption. From a Law and Economics perspective, a
number of questions arise: to what extent is it justifiable to rely
on markets and continued technological innovation, especially with
regard to the present exploitation of scarce resources? To what
extent is it necessary for states to intervene in energy markets?
Regulatory instruments are available to create and maintain more
sustainable societies: command and control regulations, restraints,
Pigovian taxes, emission certificates, nudging policies, and more.
If regulation in a certain legal field is necessary, which policies
and methods will most effectively spur the sustainable consumption
and production of energy in order to protect the environment while
mitigating any potential negative impacts on economic development?
Do neoclassical and behavioural economics provide us with a
suitable framework for predicting the market's complex reactions to
a changing energy policy? This book provides theoretical insights
as well as empirical findings in order to answer these vital
questions.
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