Conceptualising Restorative Justice in the Energy Transition

Restorative justice, originating in criminal justice studies, presents a transformative approach for addressing harm in the energy sector. Prioritising victim and community needs, it seeks to redress historical injustices, proving essential in transitioning to a sustainable energy system. This chapter traces the evolution of restorative justice from its criminal justice roots to its application in environmental law. Examining its concepts, values, and diverse perspectives, the chapter underscores its potential in addressing various harms, injustices, and human rights violations stemming from current or historical energy activities. The chapter introduces micro and macro approaches to restorative justice in the energy realm. Micro-level applications resolve individual and community disputes, while macro-level approaches target systemic injustices, in essence across the energy system. This dual strategy proves crucial in national and international energy transitions, emphasising community participation and rectifying historical inequalities. Additionally, legal and non-legal initiatives, including Environmental Impact Assessments, Energy Financial Reserve Obligations, Corporate Social Responsibility initiatives, and the Social License to Operate, are explored as tools to achieve restorative justice. The chapter lays the groundwork for further exploration of real-world cases in subsequent chapters.