Date of Publication

5-2019

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Energy and Utilities Law | Human Rights Law

College

College of Law

Department/Unit

Law

Thesis Advisor

Juan Arturo Iluminado C. de Castro

Defense Panel Chair

Victoria V. Loanzon

Defense Panel Member

Jack Andrew O. Miranda
Maria Christina T. Mundin

Abstract/Summary

Affordable and clean energy was set as one of the Sustainable Development Goals by the United Nations in 2012. However, around 1.2 billion people still do not have access to electricity. Furthermore, there is no direct recognition of energy as a basic human right in any binding international instrument. This study sought to establish the legal grounds for the right to energy and define its normative value, as well as determine its place in customary international law. The human right to energy is not only an implied right under the ICESCR, but a standalone right altogether which needs recognition in the international community, in order to meet other related rights such as the right to housing, right to water and sanitation and the right to development. Furthermore, pursuant to recent developments aimed at sustainable development, the right to energy must not only involve access, but security, sustainability and affordability as well. However, in terms of its place in customary international law, this research points out that it is customary international law in statu nascendi or in its early stages attributable to the fact that recognition by states is fairly new, not enough to establish consistent practice. In the end, it is recommended that a codification of the right, through either a General Comment by the CESCR or through regional documents or domestic legislation be sought in order to establish opinio juris.

Abstract Format

html

Language

English

Format

Electronic

Physical Description

77 leaves

Keywords

Human rights; Energy policy

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Embargo Period

11-3-2022

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