SPECIAL ISSUE (2024) Sustainable Legal Infrastructures: Comparative Responses Across Cultures and Systems edited by Lucia Ruggeri, Lécia Vicente and Sara Zuccarino Negative Externalities from Electricity Generation and the Right Remedy: A Comparative Analysis of Alaska and Sweden by Art Nash and Gianna Giardini Electricity generation, whether from renewable or conventional sources, produces negative externalities that may affect common goods. Despite the rich debate, common goods are still in search of an identity. Therefore, international practice has developed several forms of protection, such as litigation, legislative policies, or negotiations. The aim of this paper is to investigate the different remedies adopted by Alaska and Sweden to address externalities arising from non-renewable and renewable electricity generation, respectively. The analysis leads to the conclusion that the European approach seems to be more in line with the theory of the commons, by directly empowering local communities through policies and the use of agreements. It prevents the uncertainty associated with the compensation for damages as pursued by the Alaskan authorities in the proposed case study. In addition, this approach helps to ensure energy justice and avoids delays in achieving sustainability goals, while safeguarding that no one is left behind. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
