RELP 1/2011



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Issue 1/2011

Table of Contents
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Dominic Marcellino
Editorial
Renewable Energy Law and Policy Review 1/2011: pp. 2-3 [Editorial]
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Developments in two of the largest renewable energy markets (the US and the EU) since the last issue of this Journal portend varying support for renewables in the coming years. The November election in the United States has removed any chance of climate change legislation in the next two years, and, though national legislation is still theoretically possible, the impetus for enhanced action on renewable energy policy (to say nothing of climate policy) lies again in the hands of the various US States. In the EU, however, work is underway to better coordinate energy policies across the Member States (starting from the newly completed Energy 2020 Strategy) that will have implications for energy security, grid connections, energy efficiency, and, naturally, renewable energy.

Wolfgang Andreae
Publisher’s Note
Renewable Energy Law and Policy Review 1/2011: pp. 3-3
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In your hands you now hold this year’s first issue of RELP, the Renewable Energy Law and Policy Review, containing intense and high-quality articles that we are proud to present.

Joshua Prentice
Making Effective Use of Australia’s Natural Resources – The Record of Australian Renewable Energy Law under the Renewable Energy (Electricity) Act 2000 (Cth)
Renewable Energy Law and Policy Review 1/2011: pp. 5-16 [Article]
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In the continuing absence of a carbon price, the effectiveness of Australian renewable law in promoting the essential transition to clean energy supply has taken on greater importance. This paper examines the effectiveness of Australian renewable energy law between 2000 and 2010 under the Commonwealth’s Renewable Energy (Electricity) Act 2000 (Cth) – the centrepiece of Australian renewable energy law. A critical examination of the results achieved under the legislation shows Australian renewable energy law has been only partially successful in bringing about the switch to renewable energy sources. This paper critically examines the legislative amendments made to the Renewable Energy (Electricity) Act 2000 (Cth) in June 2010 and analyses the role of renewable energy law in the closely fought federal election of August 2010. Although there is strong support across the Australian political spectrum for a progressive renewable energy law agenda, further legislative amendments are required to make more effective use of Australia’s vast natural, renewable resources.

Pei-Fei Chang and Hans Bruyninckx
Wind Energy in China: From Ad hoc Projects to Strategic Policy
Renewable Energy Law and Policy Review 1/2011: pp. 17-28 [Article]
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This paper investigates the major driving forces behind China’s wind energy policy transformation, including the Renewable Energy Law (REL), the Clean Development Mechanism (CDM), and the increased participation of stakeholders like large stateowned enterprises (SOEs), government-organized non-governmental organizations, and multinational companies. Much of the data collected in this paper was gathered from interviews with senior officials in the National Development and Reform Commission (NDRC), large SOEs, and other influential public and private actors in the Chinese wind energy sector. This paper presents three findings: First, Chinese wind policy has shifted from supporting ad hoc projects to developing strategic policies. Second, critical problems remain unsolved in projects and policies involving the CDM. Third, the central government is no longer the sole influential actor in China’s wind policy, with other stakeholders playing an increasingly critical role.

Peter Kayode Oniemola
Integrating Renewable Energy into Nigeria’s Energy Mix through the Law: Lessons from Germany
Renewable Energy Law and Policy Review 1/2011: pp. 29-38 [Article]
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Nigeria has significant fossil fuel and renewable energy resources. Public policy has focused on support of the former. This paper provides an overview of the current energy policy situation in Nigeria and also outlines the considerable renewable energy resources that the country has. Using the experience of Germany in promoting the installation of renewable electricity systems with a series of legal mechanisms, particularly the use of a feed-in tariff, this article explores legal and policy options for Nigeria to follow the German example in promoting the installation of renewable electricity systems.

Germán Massabié
Why Would Oil Countries be in Renewables? – The Case of Venezuela
Renewable Energy Law and Policy Review 1/2011: pp. 39-50 [Article]
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Venezuela, one of the most important oil exporting countries, presents a paradox: the country (and its energy system) has a deep dependence on oil, not as an energy source but as a financial source that supports the political system. Since the mid-fifties, the condition of Venezuela as an oil exporting country has favored the development of hydroelectricity as a major source of electricity. Renewable energy sources (RES) are seen as a means to achieve sustainable economic development, and the Venezuelan government has started to support wind and solar energy in recent years, despite its conventional energy resources. This article explores the chances for and obstacles to promoting the use of RES in oil exporting countries using the example of Venezuela.

Kai Schlegelmilch
Editorial Board Commentary: Further Improved Framework Conditions for Wind Power in Germany since 2009
Renewable Energy Law and Policy Review 1/2011: pp. 51-58 [Article]
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I. Recent Developments By the end of 2010, the total installed wind energy capacity in Germany was 27,214 MW, of which 1,551 MW was added in 2010.1 In 2009, 1,917 MW were added, indicating a year-over-year reduction in installation of 19 % from 2009 to 2010. The number of plants increased by 754 MW in 2010; overall there were 21,607 wind power turbines installed. Wind energy has extended its leading position among renewables, and now accounts for more than 7 % of gross electricity consumption in Germany, which is about half of all electricity generated from renewables (16.4 % of gross electricity consumption in 2010). The proportion of wind in the energy mix in Germany is expected to grow in the future.

Special Feature
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
Renewable Energy Law and Policy Review 1/2011: pp. 59-74 [Feature]
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Introduction The price of failure is too high. Energy is the life blood of our society. The wellbeing of our people, industry and economy depends on safe, secure, sustainable and affordable energy. At the same time, energy related emissions account for almost 80 % of the EU’s total greenhouse gas emissions. The energy challenge is thus one of the greatest tests which Europe has to face. It will take decades to steer our energy systems onto a

Andrew Whitehead
Reaction to Commission Communication 10/11/10
Renewable Energy Law and Policy Review 1/2011: pp. 75-77 [Feature]
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The European Commission released its Communication “Energy 2020 – A strategy for competitive, sustainable and secure energy” in November 2010. The Communication calls for a new EU energy strategy by focussing on five key priorities: energy efficiency, an integrated EU energy market, empowering consumers, technological shifts and strong global leadership.

Kurt Deketelaere
Observations on Commission Communication 10/11/10
Renewable Energy Law and Policy Review 1/2011: pp. 79-81 [Feature]
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I. Target As already decided in the framework of the 2008 Climate and Energy Package, the Energy 2020 Communication (COM(2010)639 final) of the European Commission confirms the goal of an efficient use of energy that translates into 20 % savings by 2020. It should be noted that this goal of 20 % is presently not legally binding, unlike the targets established for the use of renewables (20 %) and the reduction of GHG emissions (20 %). However, in contrast with the unclear position of the Commission and the Council in this debate, the European Parliament nowadays explicitly desires legally binding national energy efficiency targets, if the implementation of the existing energy efficiency legislation proves to be insufficient.

Bastiaan de Bruijne and Michelle de Rijke^
Country Report - The Netherlands
Renewable Energy Law and Policy Review 1/2011: pp. 83-85 [Report]
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The Dutch policies for the promotion of renewable energy are undergoing significant changes since the arrival of a new government in the autumn of 2010. The goal to have one of the most efficient and cleanest energy systems in Europe by the year 2020 will be changed for a less ambitious policy based on European targets. The development of carbon capture and storage (CCS) has been put on hold, while the ban on new nuclear generation capacity has been lifted. The stimulation scheme for renewable energy production (SDE) will be overhauled and capped. These developments are likely to affect prospects for renewable energy in the Netherlands in the coming years.

Christian Hey
Carbon Free Energy Supply
Renewable Energy Law and Policy Review 1/2011: pp. 86-86 [Book Review]
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In 576 pages, Prof. Danny Harvey (University of Toronto) presents a comprehensive compendium on all available carbon free energy sources, including renewable energies, nuclear energy, and carbon capture and sequestration. The volume contains a detailed description of the technical characteristics of the different technological options,


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ISSN 16 19-52 72

Further information

Reading of Intimate Brussels - Living amongst Eurocrats

30 March 2011, 18.30 pm @ European Parliament

For one year, Martin Leidenfrost explored Europe’s capital and wrote fifty personal – tender, alienated, mischievous – portraits.

“Entertaining, amusing, insightful.” The Gap