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4 Nw. Univ. J. Int'l Hum. Rts. 518 (2005-2006)
The Contribution of Human Rights to Universal Energy Access

handle is hein.journals/jihr4 and id is 525 raw text is: Copyright 2006 by Northwestern University School of Law Volume 4, Issue 3 (Spring 2006) Northwestern Journal of International Human Rights The Contribution of Human Rights to Universal Energy Access Stephen R. Tully* I. INTRODUCTION The normative content of international human rights law emphasizes the principles of non-discrimination, equality, empowerment, participation, and accountability. This paper considers the application of this framework to energy resources generally and electricity service provision in particular. Part II briefly traces the historical evolution of universal service obligations as an important attribute of market-oriented energy sector reform, a characteristic particularly illustrated by contemporary regulatory developments within the European Community (EC), to assess the extent to which the poor actually benefit. Part III tracks the emergence of an individual interest in universal energy access as a prominent element of the sustainable development agenda. The convergence of these regulatory and policy discourses suggests a human rights orientation to electricity access, the merits of which are evaluated in Part IV. The practical implications of applying a human rights orientation are explored in Part V-with an emphasis on ensuring equality between men and women. Part VI argues that the distinctive contribution made by human rights to achieving universal energy access is not unqualified, particularly in view of consequential environmental concerns. The article nonetheless concludes with a proposal for a General Comment as an essential first step toward recognizing a human right to electricity access. II. UNIVERSAL SERVICE AS AN OBJECTIVE OFENERGY SECTOR REFORMS The traditional approach of governments to monopolistic electricity provision emphasized security of supply and sufficient capacity to cover demand at all times.' However, it is also true that governments have historically made little effort to improve electricity access, particularly for the poor.2 National energy policies instead focused upon modern economic sectors (industry, transport, and urban infrastructure) to the neglect of rural development. Development institutions such as the World Bank, therefore, sought to provide financial and technical assistance to facilitate electricity access within rural areas and secure the energy sources required for essential social Formerly BP Postdoctoral Fellow of the ESRC Centre for the Analysis of Risk and Regulation and of the Law Department, London School of Economics and Political Science, Stephen Tully researches contemporary issues of international human rights law including the responsibilities of private actors. I INTERNATIONAL ENERGY AGENCY (lEA), SECURITY OF SUPPLY IN ELECTRICITY MARKET& EVIDENCE AND POLICY ISSUES 9-10 (2002). 2 ENERGY ACCESS WORKING GROUP, GLOBAL NETWORK ON ENERGY FOR SUSTAINABLE DEVELOPMENT (GNESD), THEME RESULTS: SUMMARY FOR POLICYMAKERS 6 (2004).

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