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.

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.

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.

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.

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.

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.

This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply. Featuring 65 entries written by leading international scholars and practitioners in the field, the volume is organised into eight thematic parts, each focusing on a specific area of the energy sector. Topics covered include international energy cooperation, the regulation and governance of energy markets, legal regimes governing renewable energy sources, regulation of the transport and supply of energy, consumer protection, and energy savings mechanisms. Providing an authoritative analysis of key developments in this significant area of law, this volume will be an invaluable resource for researchers, academics and students. Its insights into governance and regulation in the sector will also prove useful to practitioners and policymakers.

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.

The energy law and energy policy of the EU and Euratom have become more and more complex in recent years. Today these areas feature a multitude of layers concerning not only regulation of the power industry, but also security of energy supply, climate change, consumer needs and technical innovation. This Textbook serves as a much-needed introduction to this distinctive field. Written in an accessible and engaging manner, with a clear pedagogical structure, the book concentrates on providing an overview of EU energy law, and provides pointers for further reading on each of the component parts. Stimulating end-of-chapter questions facilitate discussion and classroom use, whilst for readers with little experience of the EU, the book provides a separate chapter outlining the institutional structure and functioning of the European Union and Euratom in the field of energy policy. Key Features: - Summaries of treaty rules, case law and legislation give the reader a clear understanding of the complex legal framework of this policy area. - Review questions and further reading lists make it the ideal starting point for those coming to the subject for the first time, and for those with some prior expertise. - COverview chapters provide the reader with a solid grounding in the functioning of the EU and Euratom. Each of these features ultimately helps readers to familiarise themselves with one of the most vibrant fields of European law and policy. This introductory textbook will be the first port of call for all those, both students and practitioners, who need to understand EU and Euratom energy law.

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.

International energy law is an elusive but important concept. There is no body of law called 'international energy law', nor is there any universally accepted definition for it, yet many specialized areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes.Adopting a practical approach, the Handbook traces the wide and somewhat informal notion of international energy law and covers the latest developments in the field. The expert contributors offer original research and analysis on pertinent topics such as energy investment, international energy disputes and energy trade. In addition to examining public international law issues and their application to energy activities, the Handbook also includes studies focused on private contractual arrangements and provides an angle on the human rights aspects of energy. This book will be a valuable tool for the expert audience - both academics and practitioners - and will provide students and early career practicing lawyers with a good understanding of what 'international energy law' really means. Contributors: R.J. Battaglia, A.V. Belyi, P. Cameron, M. Galligan, A.M.-Z. Gao, T.P.Gormley, K. Hober, L. Holt, S. de Jong, A. Konoplyanik, L.A. Low, R. Maalouf, T. Martin, M. Naseem, S. Naseem, Y. Omorogbe, S.-L. Penttinen, P. Roberts, A. Sabater, S.W. Schill, Y. Selivanova, I.A. Siddiky, M. Stadnyk, K. Talus, R.P. Tscherning, A. Wawryk, J. Wouters, K. Yafimava

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.

The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations. Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson

'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.

This authoritative Research Handbook presents, for the first time, a comprehensive overview of the most important research and latest trends in EU energy law and policy. It offers high-quality original contributions that provide state-of-the-art research in this rapidly evolving area, situated in the broader context of international economic law and governance. The Research Handbook covers the full breadth of topics and developments in the EU's law and policy regarding energy, fully acknowledging the multifaceted nature of this vast arena. It is divided into four broad thematic areas of EU energy law and policy: 1) institutional aspects; 2) external aspects; 3) economic, social and legal aspects; and 4) environmental and technological aspects. Expert contributors also present a future research agenda in these four areas and identify emerging themes with substantial potential for further research in years to come. Timely and engaging, the Research Handbook on EU Energy Law and Policy will be an indispensable reference point for academics, students, lawyers, economists, policymakers and think tanks in the field. It will also be of interest to those operating in other energy-related disciplines. Contributors include: P. Aalto, M. Baumgart, G. Block, T. Bonenkamp, P. Crossley, S. de Jong, F. Dittrich, D. Elliott, Y. Farah, J. Feiler, S. Fischer, C. Grasso, L. Hancher, M. Hosli, B. Huarte Melgar, R. Kamphof, M. Kattirtzi, F. Kern, A. Konoplanik, K. Kulovesi, R. Leal-Arcas, F. Lesniewska, M. Makhoul, K. Menzel, S. Minas, A. Morelli, T. Pellerin-Carlin, S. Pouzitakis, F. Proedru, S. Raszewski, J. Rosenow, E. Saitova, F. Salerno, J. Schmitz, K. Segbers, J. Selleslaghs, K. Talus, P. Vajda, T. Van de Graaf, J. Wouters,

Addressing the contentious debate surrounding the future of the European Atomic Energy Community Treaty (Euratom), Anna Soedersten offers one of the first examinations of Euratom from an institutional and structural perspective, and in doing so, investigates the legal implications of its continued separate existence. Using primary material as key sources for analysis, as well as examining all of the treaty?'s titles, this book explores the relationship between Euratom and two other core EU treaties, the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). In considering whether it is still relevant that one of the EU?'s founding treaties is the promotion of nuclear energy, Soedersten concludes that there is no need for the Euratom as a separate treaty. Euratom at the Crossroads will be essential reading for scholars in the fields of EU institutional law and EU energy law. EU officials and practitioners in the field of energy law, at national legislatures and regulator authorities, will find this indispensable reading.

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

Energy security is a burning issue in a world where 1.4 billion people still have no access to electricity. This book is about finding solutions for energy security through the international trading system. Focusing mainly on the European Union as a case study, this holistic and comprehensive analysis of the existing legal and geopolitical instruments strives to identify the shortcomings of the international and EU energy trade governance systems, concluding with the notion of a European Energy Union and what the EU is politically prepared to accept as part of its unified energy security. This snapshot of multilateral, regional and bilateral energy trade governance deals with energy transit from the perspective of the Energy Charter Treaty as a means to enhance EU energy security, and examines the system of law and governance of international trade in unconventional fossil fuels. The authors analyze concerns that arise from preferential trade agreements and renewable energy from the EU's perspective, and explain how the EU can diversify its energy supply to improve its energy security. This book will be of interest to students, scholars, lawyers, economists, policymakers, and think tanks dealing with the links between energy security and international trade, as well as those communities relating to other energy-related disciplines.

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 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