Mineral Law: Principles and Policies in Perspective provides a unique look at the context of current mineral law. It examines the system introduced by the Mineral and Petroleum Resources Act 28 of 2002 by juxtaposing it with preceding generations of mineral law. It deals with the regulatory and proprietary aspects of mineral law, the constitutionality of the transitional provisions introducing the new mineral law order, its continuity with former generations of mineral law.

This book meets the need of scholars and practitioners for an accessible text that provides a broader view of the origins, roles and functions of current legislation on mineral resources.

Content:

• Foundations of Mineral Law
• Piecemeal Regulation in the Colonial and Union Eras (ca 1860 to 1964)
• Regulation of Mineral Resources from 1964 to 1991: ‘Conferral’
• The ‘Custodianship’ Model (Regulation in Mineral Law since 2004)
• Implications of the Systemic Change in Mineral Law
• Lessons from the Past for the Present
• Figures Outlining the Key Mineral Events in South Africa
• Maps Showing Mineral Deposit Areas in South Africa both Past and Present

Offering an introduction to students on the most essential elements of EU energy law and policy, this volume will be the go-to text for those seeking knowledge of EU energy regulation and its objectives, as well as an overview of energy law. Specific topics will cover the content of sector-specific energy regulation, the application and impact of general EU law on energy markets, third party access, unbundling, investment in cross-border networks, energy trading and market supervision, the application of general EU competition law on energy markets, the impact of free movement provisions, and the application of state aid rules. A structured, step by step guide through the fundamental areas of EU energy law.

Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms `mineral' and `petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum.

Post-conflict peacebuilding efforts can fail if they do not pay sufficient attention to natural resources. Natural resources - diamonds, oil, and minerals - are frequently at the heart of historic grievances, and have caused or funded at least eighteen conflicts since 1990. The same resources can play a central role in post-conflict peacebuilding, providing revenue for cash-starved governments, basic services for collapsed economies, and means for restoring livelihoods. To date, there is a striking gap in knowledge of what works, what does not, and how to improve peacebuilding through more effective and systematic management of natural resources. Post-Conflict Peacebuilding and Natural Resource Management addresses this gap by examining the growing literature on the topic and surveying experiences across more than forty post-conflict countries. The six-volume series includes more than 130 chapters from over 200 researchers, practitioners, and policymakers.

A critical overview of European Union energy law and policy, this book takes a law-in-context approach as it examines the development of EU energy law from the 1950s to the present day. It discusses the development of EU energy law; the application of general EU law into energy; the regulation of EU energy markets; international aspects of EU energy law; and policy, sustainability, and energy regulation. Presenting an up-to-date overview of EU energy law and policy and a critical analysis of its sub-areas, the book extends the discussion from electricity and natural gas markets to other areas of energy, including oil. This holistic approach to the subject is then placed within the broader context of the international geopolitical sphere which EU energy law and policy operates, as the author considers the impact of regional and international energy policies and markets on the EU markets and the overall EU policy. He also draws on the wider context and takes into account non-legal factors such as the impact of unconventionals, the rise of the BRICS, and the 'Arab spring'. The book frames EU energy law as a topic that can provoke intellectual, political, and professional discussion about the slowly moving train of economic regulation under the typical pressures and contradictions of countries and the European Union in the global economy.

Ensuring an adequate, long-term energy supply is a paramount concern in Europe. EU member states now intervene by encouraging investment in generation capacity, offering an additional revenue stream for conventional power plants in addition to the existing, heavily subsidised investments in renewable energy sources. These capacity remuneration mechanisms (or simply capacity mechanisms) have become a hot topic in the wider European regulatory debate. European electricity markets are increasingly interconnected, so the introduction of a capacity mechanism in one country not only distorts its national market but may have unforeseeable consequences for neighbouring electricity markets. If these mechanisms are adopted by several member states with no supra-national coordination and no consideration for their cross-border impact, they may cause serious market distortions and put the future of the European internal electricity market at risk. This book provides readers with an in-depth analysis of capacity mechanisms, written by an expert team of policy-makers, economists, and legal professionals. It will be a first point of reference for regulators and policy-makers responsible for designing optimal capacity mechanisms in Europe, and will be an invaluable resource for academics and practitioners in the fields of energy, regulation, and competition.

The oil and gas industry's wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved. Key Features: Insightful contributions from over 40 leading practitioners and expert legal scholars Examination of domestic and international case law, with analysis of the local laws of 24 jurisdictions globally Consideration of the future of disputes in the oil and gas industry by tracking the evolution and latest trends of the global energy market Examination of the dispute resolution mechanisms used to mitigate disputes, with a focus on international arbitration as a forum for dispute resolution Discussions of a range of operations in the oil and gas industry, including upstream, midstream and downstream projects, and the various contracts that exist within these Featuring a comparative and practice-oriented perspective, this highly informative book will prove an essential resource for practitioners advising parties concerning contractual agreements in the oil and gas sector, as well as a valuable reference point for scholars of energy law and arbitration.

This Research Handbook offers crucial ethical perspectives on navigating the increasingly complex and contested landscape of contemporary energy law. Taking an interdisciplinary approach, it brings together diverse scholarship and expertise from academia, international organizations, legal practice and the judiciary to address wide-ranging issues linking energy and law to ethical drivers such as wealth, peace and war, development, climate change, and use and abuse of natural resources. The Handbook investigates first the governing dynamics of energy, law and ethics, providing a conceptual overview of key topics. It then examines the ethics of financing energy projects, renewable energy transition and climate change mitigation. The final part is a case study of energy, law and ethics in practice. Throughout, the Handbook draws on the vital underlying theme of intergenerational equity, offering a toolbox of arguments for framing the law and policies that will shape the future of the planet. The Research Handbook on Energy, Law and Ethics will be an essential resource for scholars and practitioners working in all areas of energy law, particularly its intersections with climate change, renewable energy transition and environmental justice. Negotiators and policymakers will also find its delineation of current debates and reference to practical experience invaluable.

In this timely book, Sven Rudolph and Elena Aydos take an interdisciplinary approach that combines sustainability economics, political economy and legal concepts to answer two fundamental questions: How can carbon markets be designed to be effective, efficient and just at the same time? And how can the political barriers to sustainable carbon markets be overcome? The first part of the book develops an innovative and robust Sustainable Model Rule for evaluating carbon market design, which is demonstrated in practice through chapters assessing the vast majority of real-life emissions trading schemes (ETS) from around the world. In the second part, the focus shifts to political feasibility, providing a political economy framework for evaluating ETS. The authors examine empirical data from case studies in several countries, and identify strategies and policy windows for implementing truly sustainable ETS. The cutting-edge tools outlined in this book for conducting assessments of carbon market design and feasibility will be invaluable for climate policy practitioners and environmental lawyers at national and international levels. The book will also be an important resource for policy makers, think tanks and stakeholders, as well as for scholars and students in environmental economics and climate change law and policy.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This clear and concise book provides an overview of how laws and policies around the world are designed to support and accelerate the growth of renewable energy. Throughout, Professor Eisen focuses on how national and sub-national governments have responded to the revolutionary transformation of the world's energy system by developing and implementing support programs for renewable energy. Key features include: Global coverage of the ways in which laws and policies are guiding countries and regions to transitioning to renewable energy Detailed chapters highlighting all of the important regulatory, financial, and technological aspects of renewable energy development Critical insights designed to spotlight on-going challenges and spark discussions about policy development. Intended to serve both as a comprehensive introduction to this vast subject and to prompt readers to inquire further into the specific laws of individual nations, this Advanced Introduction will be beneficial for students, academics, and policymakers interested in the complex legal landscape governing renewable energy.

This book provides a comprehensive analysis of the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. The editors cover the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. While postulating a public international law framework for offshore oil and gas operations globally and exploring critical elements thereof, this book draws heavily on comparative assessments of domestic concepts and approaches, especially as regards offshore safety, liability for and compensation of harm, and mass tort claims procedures. With a team of experts from all over world as contributing authors, the book offers a unique perspective on what remains a pressing international concern: The safety of offshore operations globally and the proper allocation of loss should a major accident occur. Government officials, international civil servants and academics in related fields will find the book a valuable resource.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This clear and concise book provides an overview of how laws and policies around the world are designed to support and accelerate the growth of renewable energy. Throughout, Professor Eisen focuses on how national and sub-national governments have responded to the revolutionary transformation of the world's energy system by developing and implementing support programs for renewable energy. Key features include: Global coverage of the ways in which laws and policies are guiding countries and regions to transitioning to renewable energy Detailed chapters highlighting all of the important regulatory, financial, and technological aspects of renewable energy development Critical insights designed to spotlight on-going challenges and spark discussions about policy development. Intended to serve both as a comprehensive introduction to this vast subject and to prompt readers to inquire further into the specific laws of individual nations, this Advanced Introduction will be beneficial for students, academics, and policymakers interested in the complex legal landscape governing renewable energy.

What happens when electric utility monopolies pursue their acquisition interests undisciplined by competition, and insufficiently disciplined by the regulators responsible for replicating competition? Since the mid-1980s, mergers and acquisitions of U.S. electric utilities have halved the number of local, independent utilities. Mostly debt-financed, these transactions have converted retiree-suitable investments into subsidiaries of geographically scattered conglomerates. Written by one of the U.S.'s leading regulatory thinkers--a litigating attorney, regulatory advisor, expert witness and law professor--this book combines legal, accounting, economic and financial analysis with insights from the dynamic field of behavioral economics. With a clear assessment of the 30-year march of U.S. electricity mergers, the author describes the economic losses that result when merger promoters and their transactions face neither the discipline of competition nor the rigors of regulation. This work is essential reading for regulatory practitioners, consumer advocates and investment advisors--as well as citizens concerned with concentration of economic power. The principles explored are relevant anywhere regulated utility monopolies have the legal right to merge, acquire or be acquired.

As numerous jurisdictions implement emissions mitigation mechanisms that put a price on carbon, this incisive book explores the emerging emissions markets and their diverse and fragmented nature. It proposes an innovative model for connecting such markets, offering a significantly more successful and expeditious achievement of climate policy objectives. Justin D. Macinante proposes distributed ledger technology to foster fluid markets that price carbon emissions more effectively, achieve greater scale and efficiency, and are less susceptible to manipulation. He investigates the applicable regulatory frameworks, technology design issues and governance structures for the model proposed for networking emissions trading schemes within the context of the Paris Agreement. Providing a plausible and viable mechanism to achieve desired policy outcomes with economic, political and environmental benefits, Effective Global Carbon Markets will be a key resource for practitioners, policy makers and consultants alike, as well as being of value to scholars and students engaged with environmental and energy law, climate change and environmental economics.

This book examines the calculation and evaluation of regulatory costs by regulators in accordance with a legislative mandate. A serious limitation in that enterprise, the possibility of technological change and innovation, often compromises those efforts and has long been under-appreciated in standard 'cost-benefit analysis.' Regulators who study the inducement of innovation and the avoidance of regulatory costs by the regulated often find significant cost-saving opportunities, leading to more stringent and more effective risk governance. Ultimately, the weighing of costs in this more elaborate model is more than simple welfare maximization. It views regulatory costs as important to society for a range of reasons, some grounded in fairness and some in deliberative process values, as a society seeks to minimize all costs over time. This analysis places the weighing of regulatory costs in context by comparing cost calculation methods and evaluative tools in three illuminating case studies. It assesses cost-factoring methods under different normative frameworks and highlights the role of technological innovation in cost minimization over time while considering regulatory costs that result from multiple regulatory tool choices. A single regulatory cost investigation is tracked from agency to legislative back to agency choice, outlining the steps to consensus-oriented cost factoring methods. Academic and professional lawyers in fields like environmental protection, food and drug safety, and workplace safety will find this an invaluable resource, as will researchers in disciplines dealing with judicial choice from economic or political theoretical frameworks and regulatory agencies charged with regulating risks.

'Andreas Raspotnik's book is a well-written history of the European Union's struggle for recognition in the Arctic; a struggle underpinned by attempts to define what the Circumpolar North means for the EU. Raspotnik adopts the lens of critical geopolitics, which proves very productive in terms of capturing the character of the EU-Arctic nexus. The Union is revealed as a reluctant geopolitical actor, as inherent EU drive to be present in a neighboring region interplays with the lack of genuine interest.' - Timo Koivurova, University of Lapland, Finland 'In spite of an interpretation that the European Union is 'no geopolitical actor' from the critical approach, the Union clearly impacts (Arctic) geopolitics in the fields of climate and environmental policies, fisheries and science, and benefits from the high geopolitical stability of the Arctic. This book is an informative study and in-depth analysis on European geopolitical agency in a distinct spatiotemporal context, the early-21st century's Arctic, and the EU's process to (re)construct European legitimacy there. Next step is to analyze, if the EU tries to influence the discourse on how to use (govern) the land and waters, as well as resources, of the Arctic.' - Lassi Heininen, University of Lapland, Finland The Arctic is a region that has seen exponential growth as a space of geopolitical interest over the past decade. This insightful book is the first to analyse the European Union?s Arctic policy endeavours of the early 21st Century from a critical geopolitical perspective. Exploring the EU?s decade-long undertaking to construct legitimacy in the Arctic between 2008 and 2017, Andreas Raspotnik investigates whether the EU can figure prominently in the Artic region as an international actor. This book presents the EU?s interest in the Arctic as a fascinating test case for how the EU aims to assert its policies and values in a neighbouring region. By providing an in-depth analysis of the EU?s process to establish legitimacy and credibility in the Arctic, Andreas Raspotnik sheds light on the debate regarding whether or not the EU can be perceived as a geopolitical actor. This contemporary and intriguing book will appeal to scholars and students of international relations, European studies, geography, and Arctic studies, as well as those on courses relating to international organizations and global/regional politics. It will also be of interest to the broader public with an interest in the challenges and opportunities of the Arctic region.

How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists. Contributors: W.L. Andreen, N. Behnke, S. Bhat, W.W. Buzbee, A.E. Carlson, K.H. Engel, A. Eppler, R. Fowler, R.L. Glicksman, K.H. Hirokawa, B. Hudson, A. Kaswan, A.B. Klass, K. Robbins, J. Rosenbloom, E. Ryan, J.A. Wentz, H. Wiseman

The energy transition is a European flagship project. The second edition of this book analyses the factors driving change, especially the Climate Agenda, the new active customer paradigm and changing attitudes, as well as businessmodel innovation and new actors emerging. It proceeds with a reality check, based on facts and figures and describes the variuous aspects of the European energy transition.

Informed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China's cooperation with its south Asian neighbors. After evaluating the nine existing environmental regimes across the subregions of southwest, central, southeast and northeast Asia, Simon Marsden proposes a tenth regime for the cross subregion in south and east Asia known as the Third Pole. The role of China in connection with each of the existing agreements-as lender, dialogue partner or Party-is a key aspect of the analysis, considering it in developmental, legal and political contexts. Conclusions recommend future research to progress efforts in developing such a regime and caution the need for context in any legal transplant. This book will have a strong appeal for international environmental law and environmental planning and management researchers. Meanwhile those in international relations or international politics will find valuable insights in the book's exploration of relationships between the states of each subregion and China, whilst coverage of the regulation of oil and gas, hydroelectricity and exploitation of other resources will be of great interest to energy law scholars and practitioners.

In response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this fully updated new edition analyses the application of English law to contracts for project investment, financing, and development. The book provides practitioners and other parties with essential operational detail, as well as advising on the implications of English law on the interpretation of relevant provisions. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector for an international market. This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analysed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector. This new edition has been updated with new chapters on contract architecture and related issues and new sections on the Limitation Act and tolling, further assurances, quantum meruit and estoppel. Chapters have been updated in light of key cases on good faith and relational contracts, fiduciary duties and consequential loss recognitions, amongst others. As English law continues to grow in international importance, this is a key text for practitioners in a number of jurisdictions who are looking to draft contracts or handle international transactions under the umbrella of English law.

'In summary, the book provides an interesting mix of energy topics and perspectives that appears somewhat eclectic at first glance. . . . the book is a very useful and scholarly addition to the literature on energy governance and is recommended reading for all those who need to be better informed on the challenges and some of the solutions available at the current time.' - David Grinlinton, Journal of Energy & Natural Resources Law This timely book makes an original and in-depth contribution to the debate about how to transform our energy governance systems into ones that support a fair, safe and sustainable society. It combines perspectives from leading scholars to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique overview of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems. The first section lays the conceptual and theoretical foundations for alternative approaches to energy governance, including its constitutional foundations, the role of human rights, and an environmentally just system that seeks universal access to energy for all. The second section showcases concrete innovative experiences in energy governance from around the globe, including smart cities, the role of the courts, energy efficiency of buildings and the harnessing of energy from waste. Finally, the authors consider the social justice dimension, discussing the exploitation of energy resources by multinational companies in developing countries and the importance of agricultural production, distribution and consumption in energy transformation. This unique overview of state-of-the-art approaches to transformation of energy governance is vital reading for policy makers and both legal and non-legal scholars concerned with energy law, sustainability and justice, and global governance. Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T. Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L. Kotze, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L. Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis, M.K. Scanlan, J. Wentz

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Infrastructures are the backbone of any economy and energy is vital to our way of life. Electricity transmission, gas and oil pipelines, smart grids, storage of energy and later on CO2 transport are essential elements of our present and future energy systems. The energy and climate policies conducted by the European Union since 2007 have led to the Third Energy Package governing the internal electricity and gas markets, to the Directive setting the target of 20% of renewable sources of energy by 2020, to the Energy Efficiency Directive and, most recently, to the Regulation establishing the guidelines on trans-European energy infrastructures and to the new financing programme called 'Connecting Europe Facility' (CEF). In five years' time, national energy policies have been drastically reshaped by the EU Directives and Regulations, now based on Article 194 of the Treaty on the Functioning of the European Union. It is now time to understand fully the importance of these regulatory changes and the resulting 'Europeanisation' of the energy policy.

This book explores the right of access to environmental information, considering both the environmental aspirations which underlie the right and how far these are evidenced in the right's use in practice. The right has a history separate from wider moves towards freedom of information. From its origins in the Rio Declaration to its current embodiment in the Aarhus Convention, a key aim of the right is to promote environmental governance and protect the environment through the provision of environmental information, both proactively and upon request. However, there is little empirical evidence to show whether the right is achieving these environmental aims, if it is being used for its intended environmental purpose, or even how far it is being viewed as distinct from the general right to information. This book seeks to fill this gap through qualitative research conducted in Scotland, the findings of which highlight that individuals who seek environmental information under the right are often doing so for personal or professional reasons that do not further the right's environmental purpose. This is significant, because if the right is not being used for its intended environmental purpose, then its contribution to environmental governance can be questioned, as can the value of maintaining this specific right, distinct from wider freedom of information laws. This book analyses the mismatch between the intended and actual use of the right through the lens of Actor-Network Theory. By tracing the associations between different actors that engage with each other in relation to environmental information, it identifies various unspoken assumptions within the right to environmental information that impact on its implementation and ability to achieve its environmental aims. In particular, the right's overly-simplified conceptualisation of the individuals and public authorities who engage with the right and its failure to consider the impact of non-human actors are identified as key unspoken assumptions in the operation and shaping of the right. The fact that the environment itself has such a low profile in the operation of the right is also noted. By engaging with and challenging these unspoken assumptions, Freedom of Environmental Information: Aspirations and Practice provides a unique insight into the operation and fundamental aims of the right of access to environmental information. By identifying the mismatch between aspirations and practice, the book provides a novel insight into this critical aspect of environmental governance and provides a foundation for further inquiry into and critique of the right to access environmental information.

The exploitation of natural resources in Africa represents a major challenge. The African continent, which remains largely unexplored, contains a large part of the world's natural resources. The current context, characterised by a fluctuation of commodity prices, does not reduce the growing interest in Africa and its extractive sector. Oil, Gas and Mining Law in Africa analyses the mining and petroleum laws in African countries and includes an assessment of contractual aspects applicable to oil, gas and mining operations. The innovative interest of this book is to provide a detailed and up-to-date analysis of mining and petroleum laws applicable to the upstream sector in Africa. It focuses on all the mining and petroleum laws and especially those recently enacted in a constantly changing environment.