The energy transition, sustainable biofuels and indirect carbon emissions: dealing with imperfect science

Description

To ensure a sustainable future for all, energy systems need to be
transformed. In this spirit, the Parties to the Paris Agreement recently
committed to a transition away from fossil fuels. However, alternatives
such as crop-based biofuels made from rapeseed or palm have their own
negative environmental and even social impacts. While these impacts
must be considered in any sustainable solution, the scientific evidence
may not be readily available, either because of the evolving nature of the
impacts or because of a lack of appropriate methodology. Whether and
how decision-makers can act in such situations also depends on the
scientific evidence requirements embedded in the relevant regulatory
framework. For the European Union (EU), this relevant framework
extends beyond EU law to include international law and, specifically, as
recently highlighted in Malaysia v European Union, trade law.
The paper aims to explore the multi-level legal framework for
the treatment of scientific evidence in EU legislation. For this purpose,
it uses the EU’s attempt to address indirect land use change (ILUC)
emissions associated with crop-based biofuels as an illustrative case. It
first outlines the requirements of EU law for dealing with the scientific
evidence and uncertainties that remain in relation to ILUC emissions.
Then, considering the possible trade implications of the EU legislation,
it examines WTO law for any relevant, in particular additional and/
or conflicting, requirements regarding scientific evidence. In doing
so, the paper ultimately shows how different legal regimes, and their
interactions create different rooms for manoeuvre for EU policymakers.

Period	29 Aug 2024
Event title	10th European Environmental Law Forum Conference: Sustainable Energy: Still United in Diversity? Integrating Energy, Climate and Environmental Law in Times of Geopolitical Instability
Event type	Conference
Location	Groningen, NetherlandsShow on map
Degree of Recognition	International