Mapping the Role of Law in Achieving a Just Transition in Scotland

Mapping the Role of Law in Achieving a Just Transition in Scotland

For countries transitioning from fossil fuel-based to low-carbon energy economies, the considerations of protecting communities and the workforce are becoming increasingly prevalent. From inclusion into the Paris Agreement, to increasing inclusion in national legislation and policy, Just Transition is becoming the go-to concept to reconcile energy transition and place-based equity and justice. At the same time, the reduction of Just Transition to high-level principles in legislation or policy is not likely to lead to desired outcomes. The principles of Just Transition, as conceived in policy, are wide-reaching and engage with many areas of law and regulation, from labour law to public participation. This article examines the role of law as a barrier or a potential enabler of achieving Just Transition. After reviewing the manifestation of Just Transition in jurisdictions across the globe, we use Scotland, as a case study, mapping and assessing the legal framework against the eight Just Transition Outcomes in policy.

Daria is a senior lecturer in energy law at the University of Aberdeen where she leads energy and environmental postgraduate teaching. She is the director of the Centre for Energy Law and coordinator of the Just Transitions Lab. With research interests in energy and environmental law, Daria is working on interdisciplinary approaches to climate, energy, and just transition regulation. She leads and collaborates on a number of funded projects including ‘A Just Transition for Workers and Communities in the North East of Scotland’ (Uplift, 2022-2024), ‘Just Transition Communities Project’ (Scottish Government Just Transition Fund (2022-2025), and  TRANSECTS (TRANSitions In Energy For Coastal Communities Over Time And Space) (UKRI and DEFRA 2024-20228). Critical approaches to the role of law in facilitating sustainability transformations, stakeholder and community engagement, as well as the use of mixed methods for legal research are at the core of Daria’s work as she is currently preparing a manuscript on fossil fuels phase-out and just transition.