Training the Spyglass: Law in Anticipation of the Hydrogen Economy

Abstract

Despite its popularity as a "cure" for growing global energy needs, the "hydrogen economy" is decades away. In this paper, the authors consider the legal aspects of its possible development and extrapolate trends from recent events that may accelerate the arrival of the hydrogen economy, impediments that may delay its development, and the role laws and regulations might have in both. An attempt is made to address the various factors on a global scale while using specific examples to highlight the nature of the legal issues. The role of legislation is generally to follow society in the development of rules of conduct to address concerns or problems. To do otherwise and attempt to legislative specific courses of action tends to be economically inefficient, especially in directing the path for development and adoption of new technologies. Since a mature hydrogen economy is decades distant, the authors focus their discussion of the role of law in such an economy on the laws applicable to the "early adopters" of emerging hydrogen-related technologies. What surprisingly emerges is a discussion of such legal topics as export controls, patent laws applicable to government contracts and defence controls as well as environmental and energy regulatory regimes