Energy Governance, Environmental Justice and Legal Pluralism in the Global South

Abstract

Energy governance in the Global South is shaped by the interaction of multiple legal, social, and normative orders such as customary and informal governance systems, creating complex challenges for the pursuit of sustainable development and environmental justice (Sovacool 2016; Heffron and McCauley 2017). While contemporary energy and environmental regimes increasingly emphasise equity, participation, and sustainability, regulatory outcomes in many resources dependent economies continue to reproduce environmental harm and social inequality (Newell and Mulvaney 2013; Knox 2018). This article examines the relationship between energy law, environmental justice, and legal pluralism, arguing that formal regulatory frameworks alone are insufficient to address entrenched distributive, procedural and recognitional injustices (Schlosberg 2007; Griffiths 1986).
Drawing on environmental justice theory and legal pluralism, the article conceptualises energy governance as a socially embedded legal process rather than a purely technocratic or state centred exercise (Schlosberg 2007; Griffiths 1986; Tamanaha 2008). Using a qualitative doctrinal and socio-legal methodology, it analyses international legal instruments, domestic energy and environmental legislation, judicial decisions, and policy frameworks alongside socio-legal scholarship (Sands et al. 2018; Banakar and Travers 2005). The analysis demonstrates how plural normative orders, including customary land tenure systems, community governance practices, and informal dispute resolution mechanisms, profoundly shape the interpretation, legitimacy, and implementation of energy law in practice (Merry 1988; Tamanaha 2008; Benda Beckmann and Turner 2018).
Through focused illustrative examples drawn from resource dependent regions in the Global South, the article shows how failure to engage legal plurality contributes to distributive, procedural, and recognitional injustices in energy development (Ebeku 2006; Walker 2012). It concludes that recognising and constructively engaging legal pluralism is essential for designing energy governance frameworks capable of supporting equitable, legitimate, and sustainable energy transitions (Heffron and McCauley 2017; UNDP 2020).