Can upcoming IBA event solve Europe’s energy problem?

With demand for new sources of energy continuing to soar, an upcoming International Bar Association conference in Berlin could help solve many of the regulatory issues

 
Trucks transporting fresh water to natural gas wells being drilled in Pennsylvania. As the US moves towards energy independence, Europe must consider its own stance on future energy supplies  

The rampant search for new sources of energy has meant colossal amounts of money are being put into various schemes across the world in an effort to avert a global energy crisis. But with this rising investment comes a heightened level of risk, and so it is vital that the regulatory and legal framework surrounding such exploration is fully up-to-date. Other considerations include the impact on the environment, as well as the infrastructure requirements for each project.

With the US managing to move towards energy independence and China seemingly scouring the world for resources that will bolster its insatiable demand back home, Europe is facing heightened competition in securing itself the necessary access to energy. Concerns over its links to pipelines from Russia means that the EU needs to find a way to develop its own sources of energy.

In April, a gathering in Berlin has been arranged by the International Bar Association (IBA) that will see some of the leading figures in global energy and infrastructure come together to discuss the issues facing the industry. The ‘IBA Biennial Conference of the Section on Energy, Environment, Natural Resources and Infrastructure Law’ will bring together heavyweights from all the key industries involved in harnessing natural resources and developing new energy.

Arranged by the IBA Section on Energy, Environment Natural Resources and Infrastructure Law (SEERIL), and supported by the IBA European Regional Forum, the event will see attendees from industries that focus on the environment, energy, mining, oil and gas, construction, water, and infrastructure. Public regulators and academics will also be in attendance.

Supplying energy
According to SEERIL Council Member Dr Claus Peter Martens, a partner with Rolema Attorneys and Notaries in Berlin, “The question of energy supply is one of the most vital issues today.”

Fracking has been the buzzword of the last few years in global energy circles, especially with the apparent success that the US industry has enjoyed in uncovering large deposits of natural gas. As other countries look to get in on the natural gas action, governments have been keen to attract investment from across the world in developing this potentially rich new source of energy. However, many governments have been cautious about shale gas, highlighting the potential risks to the environment that it might bring.

Germany, France and Bulgaria have all banned fracking over the concerns of its effects on drinking water and the wider environment. The UK, by contrast, has enthusiastically embraced the idea of developing its own shale gas industry, and has even been offering incentives to local communities that allow for drilling to take place in their territory.

Dr Martens says that ensuring Europe is able to compete on the global energy markets is essential to the continent’s future. “Europe as a trading block is in competition with the US and China. China is increasingly getting more access to resources in Africa. How Europe keeps its access to energy is one of the fundamental challenges facing it.”

Despite its rejection of fracking, Germany is looking at uncovering more natural resources, especially in the search for precious metals. “In Germany, mines are re-opening, including new metal mines, particularly in the Saxony region. They are now seen as crucial to industrial development,” says Dr Martens.

Coming together
The event, which will take place on April 27-30 at the Hotel Adlon Kempinski in Berlin, will allow all those attending to get a unique insight into the key issues affecting this search for new energy. Topics the event will focus on include environmental financial assurances for infrastructure and resource developments, financing power projects, and key developments in resource litigation.

Ensuring Europe is able to compete on the global energy markets is essential to the continent’s future

It will also look at how wind farm projects are developed, the issues around fracking, new nuclear power station builds and the lessons learnt from the Fukushima disaster, the dangers of mining near cities, and the impact of global changes in commodity prices on the pricing and distribution of natural gas in Europe.

The IBA is the ideal organisation to arrange this sort of event, as it will keep the focus on the most important aspect of such developments – regulations. Without strict adherence to and proper insight into the different regulations and laws in numerous jurisdictions, major energy projects will struggle to get off the ground. The regulatory landscape is also undergoing dramatic change, and so the IBA’s expertise will allow a first class insight into all the potential reforms being made in different regions.

Established in 1947, the IBA is the world’s leading association for legal professionals and law societies, and helps influence international law reforms. With a membership of over 55,000 individual lawyers and 206 bar associations, its influence stretches across the globe.