Energy jurisprudence is driving the sustainability agenda forward
- E News
- 5 days ago
- 3 min read
By Siti Aisyah Nabilah Suwardi, Dr. Mohd Istajib Mokhtar
Energy, alongside water and air, is essential necessities to human. Yet, the field of energy jurisprudence has only recently gained prominence among practitioners and academicians. In Malaysia, for instance, it was not until this year that the Energy Efficiency and Conservation Act (EECA) was enacted. This raises a critical question: how was the energy sector governed before, and why has such an essential area of law remained relatively underdeveloped?
Historically, energy governance was primarily managed through domestic regulations under national laws. As industrialization drove global development, the scope of governance expanded to include market liberalization, sustainability, and climate change. These emerging complexities exposed significant gaps in existing legal frameworks, highlighting the need for energy law to evolve as a distinct and comprehensive field.
Despite its importance, energy law remains a nascent discipline. A review article, “The Coming of Age of Energy Jurisprudence” by Kaisa Huhta, describes its immaturity, pointing to a lack of cohesive discussions among scholars and an absence of a clearly defined methodology. The transition of energy governance from local to national and, more recently, to regional and global levels has further added to its complexity, requiring new approaches and frameworks to navigate the challenges it presents.
The introduction of the United Nations' Sustainable Development Goals (SDGs) has further intensified the need for robust energy governance. Nations are now mandated to make critical policy and legal decisions to align with these global goals. By embedding accountability and fostering collaboration across governance levels, energy law is evolving into a field capable of addressing complex challenges and balancing diverse interests.
A significant challenge lies in balancing the energy trilemma, which refers to the demands of energy security, environmental sustainability, and affordability. This concept of energy justice has emphasized the need for equitable access and fair practices without leaving anyone behind. This pursuit of justice not only shaping societal values but also driving technical innovations and influencing industries such as digital networks and communication technologies.
The environmental and societal consequences of reliance on fossil fuels further underline the urgency of advancing energy jurisprudence. A mature legal framework for energy law would provide consistent principles and mechanisms to address global challenges, solidify the field’s identity as an independent discipline, and ensure alignment with energy justice goals.
Given its interdisciplinary nature, energy law requires a transdisciplinary approach, drawing on insights from environmental science, technology, economics, and social justice. As a major contributor to greenhouse gas emissions, the energy sector plays a pivotal role in climate change mitigation. Establishing and advancing energy jurisprudence is therefore essential for achieving sustainability goals and addressing the broader challenges posed by climate change.
As complex, multidisciplinary challenges continue to arise, sustainability offers a guiding model for navigating such issues. Developing energy law within this framework ensures its adaptability, relevance, and ability to meet future legal and societal challenges effectively. Energy jurisprudence is not merely a legal framework; it is a critical enabler of equitable energy access, innovation, and climate action. Its advancement will play a pivotal role in shaping a sustainable future for Malaysia and the world.
The authors are from the Department of Science and Technology Studies, Faculty of Science, Universiti Malaya
Comments