Governing critical minerals for a just energy transition in ASEAN: insights from the EU

Abstract

This article examines the governance of critical minerals through the lens of a just energy transition in the Association of Southeast Asian Nations (ASEAN) in the context of accelerating climate action and the global transition to low-carbon energy systems. As countries expand renewable energy technologies to address climate change, demand for critical minerals is increasing rapidly. However, their extraction and processing raise significant environmental, social, and human rights concerns, particularly in regions with evolving governance frameworks. The study analyses ASEAN’s legal and institutional capacity to address these challenges and support a just energy transition. The research adopts the JUST framework as its theoretical foundation, combined with an interpretative functional approach to comparative law and policy analysis. It draws on the European Union’s Critical Raw Materials Act (CRMA) and related instruments as a benchmark, given their relatively comprehensive integration of supply security, sustainability, and justice considerations. The analysis identifies key gaps in ASEAN’s governance approach, including fragmented institutional structures, limited integration of human rights protections, and insufficient coordination across energy, mining, and environmental frameworks. The findings highlight the need for a coordinated regional framework for critical minerals, supported by clearer definitions, strategic project development, and stronger alignment with existing ASEAN instruments. The article also emphasises embedding human rights, environmental safeguards, and governance measures across all relevant policies. Such a justice-oriented framework would help ASEAN navigate the energy transition while advancing the Paris Agreement’s recognition of the imperatives of a just transition and climate action that respects human rights, and equity.