The ‘Trias’: A New Methodology for Energy Law

Abstract

The article proposes a new methodology for energy regulation, the so called ‘Trias’ (hereinafter: trias). The trias consists of objectives principles and rules, which guide the legislator when regulating new energy technologies. It is argued that the discretion of the legislator in this field is actually more restricted than realized previously. This article uses the regulation of shale gas extraction as a case study to demonstrate the functioning of the trias and concludes that the methodology could be used for the regulation of other new energy technologies in the energy transition.

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