ABSTRACT
The world is witnessing a multidimensional and multidisciplinary energy transition. To this end, this chapter reconceptualizes energy in two steps. First, a distinction is made between uppercase Energy and lowercase energy. Whereas the former describes the within-Nature energies of natural processes, the latter is the instrumentalized, for human use energy most commonly found in electrical form. A sample analysis of the main nature- and energy-oriented international legal instruments shows both a focus on energy and a neglect of Energy, caused by the lack of a shared vocabulary. Based on these findings, in a second step, this language gap is overcome by proposing the non-human right to Energy. Based on Rights of Nature scholarship, this construct creates a vision of natural processes as both rights-holders and a right themselves. To illustrate the reconceptualization, the Flying Rivers of the Amazon, a major phenomenon of South America’s water cycle, is discussed. This process is highly endangered by, among other causes, deforestation. The Flying Rivers’ right to flow is outlined, favoring more overarching protection efforts. The aim is to show how such a vision can ultimately lead to a more inclusive consideration of an energy transition in every sense of the word.
