Legal tools for addressing uncertainty and managing risks in the energy sector: is there a role for international disaster law?

Abstract

The Covid-19 pandemic has highlighted once again the existing legal vacuums in the energy sector when it comes to addressing various situations such as disaster risk management and reduction. This reality can be seen in various instances where other regulatory frameworks are used instead of energy law. This article seeks to address the existing legal vacuum in the energy field in the context of pre- and post-energy disasters, such as the Covid-19 health disaster resulting in negative consequences for the energy sector. The author argues that international disaster law, taking the Sendai Framework for Disaster Risk Reduction as a case study, can provide guidance when it comes to managing pre- and post-energy disasters scenarios. The author will support this claim by examining the potential use of the Sendai Framework priorities as guidance for policymakers in addressing disasters in the energy field while stressing the need to strike a balance between using existing binding and nonbinding frameworks from other regulatory fields to address the legal gaps and making sure that energy law applies in such situations.