Transnational Legal Processes, the EU and Red II: Strengthening the Global Governance of Bioenergy

Abstract

Climate change requires the transition to a global economy supported by clean energy. Bioenergy already has a share of the global energy market, which is slated to increase dramatically over the next several decades. Combined with the potential for the deployment of the climate technology bioenergy with carbon capture and storage (BECCS), demand for bioenergy may rise significantly. The production of sustainable biomass is therefore crucial yet greatly dependent on domestic law and policy. The EU is a large market for biomass and may, through its revised Renewable Energy Directive (RED II) influence the governance of bioenergy. This is due to its impact on private biomass producers beyond its territorial boundaries. The result is the emergence of a transnational legal process, and potentially a transnational legal order, that strengthens the sustainable production of biomass, thus balancing its benefits with the negative social and environmental externalities associated with its production.

Keywords: Transnational legal process; bioenergy; RED II; EU; energy transition