Blockchain Papers

Tade Oyewunmi, Ivie Ehanmo

No abstract is available for this record.

Mønika Ambrus

Notwithstanding the general acknowledgment of its importance, there are still uncertainties and ambiguities as to the precise meaning and actual application of the precautionary principle in international environmental law. In the context of decision making at the inter‐State level, it has been explained that one of the interpretations of this principle means a ‘shift’ in the allocation of the burden of proof. Unsurprisingly, a similar effect of the principle can be, and has been, claimed in dispute settlement. Given these claims, the general aim of this article is twofold: first, to define what a ‘shift’ in the allocation of the burden of proof actually means; and second, to explore and assess whether this theoretical/conceptual understanding of the ‘shift’ is applied when the precautionary principle is at stake, and whether there are good reasons to apply it in dispute settlement and decision‐making processes.

Not Given Author

The reaction of public utilities to the addition (and competitive) sources of energy supplied by solar technologies will have a significant impact on the commercialization of solar energy. Decentralized applications of solar energy need utility-produced power to back up the energy produced by solar means. The cost and availability of this power will largely determine the acceptance of solar energy. There are three legal issues surrounding the role of utilities in the solar commercialization effort: (1) the extent to which utilities may own, sell, lease, finance, or service solar devices for utility customers; (2) the degree to which solar-powered utilities may be able to compete with existing utilities; and (3) the degree to which various utility rate structures will be allowed to penalize decentralized solar users. The impact of state constitutional and statutory provisions upon these issues is examined, along with relevant federal constitutional doctrines. Finally, the statutes of the National Energy Act, many of which specifically address the above issues, are discussed.