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The transnational governance model as a necessary tool for building a transnational regulatory system for the de-carbonization actions for the oil and gas sector

2024; Oxford University Press; Volume: 17; Issue: 6 Linguagem: Inglês

10.1093/jwelb/jwae017

1754-9965

Luciana Palmeira Braga, Hélder Queiroz Pinto,

Global Energy Security and Policy

Abstract Climate change is undeniable. It is necessary to reduce emissions in order to curb global warming and meet the Paris Agreement goals. Globally, the energy sector is the bigger greenhouse gases emitter, especially for the use of fossil fuels. Thus, it is important to think about strategies to reduce the intensity of emissions from these sources and to replace them. Previous energy transitions occurred due to the discovery of cheaper and more efficient sources, in a long-term process. The challenge imposed by this transition is to make it in a short time while moving towards less efficient sources and more expensive technologies. So, the state will have a central role to play, drawing up public policies and regulations to encourage the transition to a low-carbon economy. Thus, the state will need to act as the main promoter of this transition, offering the conditions for a fairly process, without representing too high cost for the most vulnerable populations, and in a short term. To face it, the state cannot rely solely on its resources. As proposed by Abbott and Snidal, the state will need to exercise a new form of governance, orchestrating a plurality of actors and rules from different natures to build an adequate regulation with the capacity to update itself more promptly. The state can accelerate the timing of its actions by counting on the expertise and resources of other actors, ensuring that the public interest is pursued and that the involvement of society is guaranteed in the drafting of regulations. Thus, the regulatory system for decarbonization actions in the O&G sector will be produced jointly by state and non-state actors, combining expertise and resources. It will be made up of national, international, and transnational rules, forming a transnational legal order, as proposed by Halliday and Shaffer. As Weaver argues, time is short and the collaboration and information sharing are essential, especially when both regulated private energy companies and the state actors have pledged to meet a net-zero goal to face the climate emergency. Also, the importance of creating partnerships to achieve a more sustainable reality is even included in the UN’s 17th Sustainable Development Goals. In sum, cooperation has the power to expand respective national response capabilities and generate substantive global results.