Engaging The Natural Law And Positivist Schools Of Jurisprudence In The Era Of Sustainable Energy Transition

Abstract

Energy transition is a pressing issue that has received considerable attention at
domestic and international levels. With the increase in the impact of climate
change, the world is moving towards net zero to control the release of
greenhouse gases in the atmosphere. There is the trend to promote sustainable
energy through policies, laws, research and development and technological
innovations. This article argues that two leading schools of jurisprudence, the
natural law and positivist schools, can be called to aid in understanding how
the law should be applied to put in place measures that support energy
transition and actualising net zero. Based on doctrinal analysis, this article
contends that natural law offers the ethical foundations for justifying the
transition to a more environmentally friendly energy sources and
mainstreaming of human rights in energy transition; while the positivist school
offers a framework of affirmative formal laws backed by effective compliance
mechanisms. It is therefore imperative for researchers, policy makers,
legislators and the courts to employ these schools of jurisprudence to advance
energy transition.