Raphael Heffron

Governments and energy companies will be held legally responsible for past decisions when it comes to the energy sector, as justice takes centre stage. That’s the argument from this month’s guest - Irish Professor, Raphael Heffron.

Professor Heffron is a Professor in Energy Law, Energy Justice and the Social Contract at the Université de Pau et des Pays de l’Adour, Pau, France. He’s also a qualified Barrister-at-Law. His work focuses on achieving a sustainable and just transition to a low-carbon energy economy, and combines a mix of governance, policy and economics. He has published over 200 publications of different types and is one of the most cited scholars in his field worldwide for energy law, energy justice and the just energy transition.

The just energy transition is an approach to the energy sector, moving away from a sector that has had economic principles at heart, and arguably a cosy relationship with fossil fuel companies. The just transition is rooted in economic and societal fairness, using eco-friendly technologies, limiting pollution and the further warming of our planet. Professor Heffron says, “In this huge sector in our economy, we are trying to ensure that we have a level of justice, via the rule of law, which we haven’t had before… With the knowledge that is out there today, you have to have a far greater basis for your decision-making, if you’re involved in the energy sector and that’s whether you are a policy maker, working in an energy company or a leader of a civil society organisation.”

Professor Heffron and his colleagues have published an article in the journal Nature Energy. In it, they say that the role of justice is set to shift accountability and responsibility in the energy sector to governments and energy companies. Both governments and energy companies have traditionally evaded responsibility and according to one study from the International Monetary Fund, the fossil fuel industry gets subsidies of 11 million dollars a minute, and yet is responsible for three-quarters of greenhouse gas emissions globally. Mr. Heffron argues that energy decision-makers today will be held legally accountable for past decisions and that this will influence how decisions are now made. He makes a case for “milestone reports” in which stakeholders can mark their progress towards climate goals and believes this will ensure that justice is ensured, tracked and climate pledges are achieved, with fairness at the heart of them.

He discusses the recent case at the European Court of Human Rights in which 2,000 Swiss seniors won a significant ruling on holding their government accountable for addressing climate change. It ruled that that Switzerland failed to implement sufficient climate policies – violating the women’s human rights. However, now, the Swiss parliament has rejected the ruling saying it has a climate change strategy and with right-wing politicians criticising what they see as an overreach by “foreign judges”. Heffron responds by saying: “Maybe the fossil fuel industry has overreached into our economy for too long…” He also discusses ISDS – a controversial legal investment protection mechanism, which we have discussed with a previous guest on the podcast, believing the area is ripe for reform.

Presented and produced by Evelyn McClafferty.

With thanks to our donors: Irish Aid.

Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.