Journal of Law and Rural Development
Total Page:16
File Type:pdf, Size:1020Kb
Issue 2 Journal of Law and Rural Development Renewable Energy and Rural Development The Journal is intended to be a forum where the link between law and rural development can be explored and ideas can be discussed freely and openly. IFAD encourages the sharing of new ideas and viewpoints in order to advance discussion of key issues in development. Articles do not represent IFAD positions, but rather contributions to the international dialogue on development. Production and Design Charles Forrest (Editor-in-chief) Bruce Murphy Birgit Plockinger Janet Sharpe Michelle Tang © 2018 by the International Fund for Agricultural Development (IFAD). The opinions expressed in this publication are those of the authors and do not necessarily represent those of IFAD. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of IFAD concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The designations “developed” and “developing” countries are intended for statistical convenience and do not necessarily express a judgement about the stage reached by a particular country or area in the development process. All rights reserved. ISBN 978-92-9072-815-3 Printed May 2018 Issue 2 Journal of Law and Rural Development Renewable Energy and Rural Development Contents List of abbreviations iii Introduction 1 The United Nations’ commitment to the promotion of renewable energy and the need to assist developing countries in integrating renewable energies into their legislative frameworks 3 Davide Di Marcantonio, Luca Nardini, Giulia Rizzo and Liu Siqi Rural development through renewable energy: a case study in Bolivia 23 Adriana Jáuregui Zabalaga Issues in developing renewable energy in developing countries 33 Walid Labadi Different applications of renewable energy policies in the agricultural sector: a comparison between developing and developed countries 39 Carlo Montella, Celeste Mellone, Andrea Gentili and Sara Bakli India’s solar cities: the case for renewable energy in Shimla, Himachal Pradesh 47 Advit Nath Managing riparian issues in rural development projects 51 Kishor Uprety Renewable energy development and justice in rural spaces 59 Zinnure Osman Zengin and Raphael J. Heffron Translated abstracts: Arabic 69 Translated abstracts: French 73 Translated abstracts: Spanish 77 i List of abbreviations ADB Asian Development Bank AfDB African Development Bank AIIB Asian Infrastructure Investment Bank CIP Italian price committee (Comitato Interministeriale dei Prezzi) ENEL Italian national electricity company FDI foreign direct investment FiT feed-in tariff IBRD International Bank for Reconstruction and Development IEA International Energy Agency IFC International Finance Corporation IFI international financial institution MDG Millennium Development Goal MoF Ministry of Finance NREA New and Renewable Energy Authority PAN National Action Plan for Renewables PDES Social and Economic Development Plan 2016-2020 PPA power purchase agreement RPS renewable portfolio standards SDG Sustainable Development Goal SE4ALL Sustainable Energy for All SIN National Interconnected System WCED World Commission on Environment and Development WSP World Solar Programme 1995-2005 WSSD World Summit on Sustainable Development iii Introduction Affordable clean energy has been recognized in the IFAD has a unique role to play, not only as an investor Sustainable Development Goals (SDG7) as an essential, but as a trusted broker, an assembler of development cross-cutting issue for achieving a sustainable future. finance, and a proven innovator sharing its knowledge For the poor rural people targeted by IFAD-supported and expertise. The Journal of Law and Rural Development projects, energy is essential to modernizing their farms is part of those efforts to share knowledge and and businesses and improving their lives. This second promote innovation. issue of The Journal of Law and Rural Development looks at this sometimes complex subject, particularly in its When we first thought about launching this journal, legal ramifications. we were told by an experienced editor that it is easy to publish a first issue but harder to keep up the enthusiasm In 2018, IFAD marks 40 years of investing in rural for the second and subsequent issues. As Editor, I am people. The past four decades have seen over 1,000 delighted by the support that the journal has received IFAD-supported projects, which have helped improve the from authors and the interest that it has attracted from lives and livelihoods of some of the most remote and practitioners. This issue includes articles written by IFAD underserved communities in the world. We have reached staff members as well as colleagues from the International some 474 million people and invested US$19.7 billion. Finance Corporation, the Asian Infrastructure Investment Bank, the private sector and academia. Topics range from But, looking ahead, IFAD is dedicated to doing more, the theoretical to the practical, addressing global issues and doing it better. Under its new President, Gilbert F. as well as specific subjects in Africa, Asia, Europe and Houngbo, IFAD recently completed the consultation for South America. the Fund’s Eleventh Replenishment of its resources. It was agreed with Member States to set a target that will enable At the end of the issue there are Arabic, French and Spanish IFAD to expand the size of its programme of loans and translations of the abstracts. We encourage translation grants by 10 per cent, while deepening and improving its of the articles into these and other languages, and we operations over a three-year period from 2019 to 2021. will be happy to authorize reproduction of articles upon request. The 2019 issue will focus on the interrelation of some of IFAD’s top priorities: youth, migration and rural development. We invite potential contributors to contact us at [email protected]. Charles Forrest Editor-in-chief 1 The United Nations’ commitment to the promotion of renewable energy and the need to assist developing countries in integrating renewable energies into their legislative frameworks Davide Di Marcantonio,a Luca Nardini,b Giulia Rizzoc and Liu Siqid aMaster’s degree in Law from Università degli Studi di Teramo, bLLM in Commercial and Corporate Law from Queen Mary University of London, cLLM in International Law from the University of Sussex and dMaster’s degree in Law from Korea University. All of the authors have served as interns in the Office of the General Counsel at IFAD Abstract The promotion of renewable energies is a necessary strategy for achieving sustainable development. Renewable energy plays a key role in enabling developing countries to ensure energy security without compromising the environment and the needs of future generations. The United Nations has progressively acknowledged the importance of promoting the use and production of green energy. In 1972 the United Nations held the United Nations Conference on the Human Environment in Stockholm and for the first time the use of renewable energy sources was linked to sustainable development. Since then, environmental protection and renewable energy have been an integral part of the international community’s agenda. The importance of facilitating the transition from fossil fuels to renewable sources was recently reaffirmed by the post-2015 Sustainable Development Goals. At a national level, the successful shift towards renewable energy depends on the existence of strong institutions and specific legal and policy frameworks. Over time, countries have implemented supportive policy and regulation instruments, such as tax incentives and ad hoc payment schemes. This article aims to stress the importance of promoting and integrating renewable energies within developing countries’ legal frameworks and to encourage both investors and consumers to increase their levels of production and consumption of renewable energies. Introduction Nations has played in encouraging the international community to assist developing countries in transitioning For decades now the United Nations1 has fostered to renewable energies through the provision of financial, sustainable development, and the production and use technological and institutional support. The second part of renewable energies in developing countries. Having of the article develops from a more analytical perspective acknowledged the key role that renewable energy can and focuses on the institutional component of developing play in enabling the transition of developing countries countries’ need of support to successfully implement towards a developed society,2 the United Nations has renewable energy policies. Specifically, by contending that progressively strengthened its promotion of the use of new the creation of a supportive body of laws is a necessary and renewable sources of energy and made it an integral requirement when introducing renewable energies in a part of its agenda. Structured in two main parts, this article country’s agenda, the analysis stresses the importance first retraces the major steps of the progressive shaping of of assisting developing countries to integrate renewable this commitment from the Stockholm Conference to the energies into their legislative frameworks and emphasizes adoption of the 2030 Agenda for sustainable development. the centrality of the United Nations’ contribution to This part highlights the