The development of energy law in the 21st century: a paradigm shift?

Raphael J. Heffron, Kim Talus

    Research output: Contribution to journalArticlepeer-review

    59 Citations (Scopus)


    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 thinking-tools 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.
    Original languageEnglish
    Pages (from-to)189-202
    Number of pages14
    JournalJournal of World Energy Law & Business
    Issue number3
    Early online date5 May 2016
    Publication statusPublished - Jun 2016


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