Hydrogen Development: Legal Challenges And Current Trends

Hydrogen is emerging as a crucial element in the global transition to sustainableenergy, offering a viable alternative to fossil fuels. Its potential to decarbonize hardto-abate sectors such as heavy industry, transportation, and power generation hasdriven significant investment and policy development worldwide. However,hydrogen’s widespread adoption faces legal, regulatory, and economic challenges.This article explores these issues, focusing on production methods, certificationschemes, safety regulations, intellectual property disputes, and infrastructuredevelopment. A major concern is the classification of hydrogen based on productionmethods, from carbon-intensive gray and brown hydrogen to low-carbon blue andrenewable-based green hydrogen. While green hydrogen is the most sustainable, itshigh costs and infrastructure requirements hinder large-scale deployment.Regulatory inconsistencies, market fragmentation, and safety concerns furthercomplicate hydrogen’s growth. The study examines global legal frameworks,highlighting national and regional strategies, including the European Union’shydrogen policies, the United States’ Hydrogen Earthshot initiative, and hydrogengovernance in China, Japan, and emerging economies. It also assesses internationalcooperation efforts, such as standardizing certification schemes and cross-borderhydrogen trade. Technological advancements, including improved electrolysisefficiency, fuel cells, and large-scale hydrogen storage, are evaluated for their role inreducing costs and enhancing feasibility. Finally, this article provides a comprehensiveanalysis of the evolving hydrogen landscape, emphasizing the legal and policymechanisms needed to facilitate a just, efficient, and sustainable hydrogen economythat contributes to achieving global net-zero targets.

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Publication Details

Journal
Journal of Sustainable Development Law and Policy (The)
Published
2025-12-22
DOI
https://doi.org/10.4314/jsdlp.v17i1.3
Primary Topic
Hybrid Renewable Energy Systems
Type
article
Field-Weighted Citation Impact
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article

Hydrogen Development: Legal Challenges And Current Trends

Eduardo G. Pereira, Olusola Joshua Olujobi, Margarita Nieves-Zárate, Mutindi Lydia Jacobs et al.
Journal of Sustainable Development Law and Policy (The)
Hybrid Renewable Energy Systems
article

Hydrogen Development: Legal Challenges And Current Trends

Eduardo G. Pereira, Olusola Joshua Olujobi, Margarita Nieves-Zárate, Mutindi Lydia Jacobs, Thomas Muinzer
article en

Abstract

Hydrogen is emerging as a crucial element in the global transition to sustainableenergy, offering a viable alternative to fossil fuels. Its potential to decarbonize hardto-abate sectors such as heavy industry, transportation, and power generation hasdriven significant investment and policy development worldwide. However,hydrogen’s widespread adoption faces legal, regulatory, and economic challenges.This article explores these issues, focusing on production methods, certificationschemes, safety regulations, intellectual property disputes, and infrastructuredevelopment. A major concern is the classification of hydrogen based on productionmethods, from carbon-intensive gray and brown hydrogen to low-carbon blue andrenewable-based green hydrogen. While green hydrogen is the most sustainable, itshigh costs and infrastructure requirements hinder large-scale deployment.Regulatory inconsistencies, market fragmentation, and safety concerns furthercomplicate hydrogen’s growth. The study examines global legal frameworks,highlighting national and regional strategies, including the European Union’shydrogen policies, the United States’ Hydrogen Earthshot initiative, and hydrogengovernance in China, Japan, and emerging economies. It also assesses internationalcooperation efforts, such as standardizing certification schemes and cross-borderhydrogen trade. Technological advancements, including improved electrolysisefficiency, fuel cells, and large-scale hydrogen storage, are evaluated for their role inreducing costs and enhancing feasibility. Finally, this article provides a comprehensiveanalysis of the evolving hydrogen landscape, emphasizing the legal and policymechanisms needed to facilitate a just, efficient, and sustainable hydrogen economythat contributes to achieving global net-zero targets.

Journal of Sustainable Development Law and Policy (The)Vol. 17(1)
Industry, innovation and infrastructure
Openalex Percentile: Top 45%
Hybrid Renewable Energy Systems
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