Magdalena A K Muir, Masters of Law, Faculty of Law, University of Calgary

Magdalena A K Muir’s thesis is entitled Rule of Law and Energy Regulation for Competitive Markets, and explores energy regulation in developing competitive markets. Energy privatization and "deregulation" is occurring for a number of reasons throughout the world, including energy shortfalls, political support for open markets, and the need for private international and domestic investment The thesis focuses on the role of energy regulators as state energy monopolies are wholly or partially privatized, and as non-government entities invest and participate in the energy sector. The thesis argues that energy regulation should be fair and impartial for the development and maintenance of natural gas and electricity markets. Regulation becomes a vital pre-requisite to permit the development of competitive markets and control the behavior of private participants.

The theoretical basis for the thesis is the concept of the Rule of Law, augmented by administrative law principles for Canada and the United States. Objective criteria, and models for energy regulation and competitive negotiations, are derived from the legislation, policies and practices of Canadian energy regulators. These objective criteria and models are used to evaluate energy regulation in South Africa. The thesis concludes that energy regulators should meet most of the requirements of the objective criteria and model. Negotiated settlements may also be useful to incorporate industry and stakeholder participation into regulator's decision-making, or address deficiencies with regulators or the regulatory process.

Since 1997, Ms Muir has conducted research and published in relation to energy markets in North and South America, southern Africa and Europe. Publications from 2001 to 2002 include:

• EU Energy Markets and Environmental Measures and their Integration with Central and Eastern Europe, article to be published in Utilities Law Review in 2002.
European Energy Liberalization, and the Integration of Eastern Europe with EU Energy Market and Environmental Initiatives, plenary speaker with published paper for ENERGEX 2002 conference in Krakow, Poland, May 19 to 2002.
European Energy Liberalization and Emissions Trading, article published in Utilities Law Review in December 2001.

• The United Kingdom energy market and emissions trading for greenhouses gases, article published in summer 2001 issue of Ecobulletin
Publications and conference proceedings between 1997 and 2000 explored the Alberta electricity market; the UK energy market and emissions trading; the role of the regulator for competitive energy markets in North and South America; the interplay between competitive energy markets and implementation of the Climate Change Convention; and the participation of First Nations and indigenous people in energy developments.

The project, Reconciling Economic Development and Marine Conservation and Protection, Focusing on Offshore Hydrocarbon Activities, Shipping and Navigation, expands existing energy regulatory expertise to regulation of offshore hydrocarbons, and the marine transport of these hydrocarbons. This research is being implemented in cooperation with the Arctic Institute of North America, and seeks reconcile offshore hydrocarbon activities and marine shipping and navigation, with marine conservation and protection, in the overall context of integrated oceans management.

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© Magdalena A K Muir 2002