This Research Review covers the main topics and dimensions of environmental and energy law in its contemporary expression. It discusses foundational material for those interested in understanding the development of the field and conducting research on the myriad of questions raised by transitions to sustainability. Particular emphasis is placed on the systematisation of the material. The Research Review discusses articles that cover international dimensions, including principles, substantive areas of regulation and implementation techniques as well as the European dimensions broadly understood, including EU law and other regional approaches (the UNECE) and distinguishing sector-specific and transversal regulation. It also looks at the transnational, comparative and domestic dimensions and major questions arising from selected English-speaking jurisdictions. Edited by two recognised experts in the field, this research review will provide a solid foundation for the study of environmental and energy law.

This detailed work is based on more than ten years experience in conducting tenders for the licensing of petroleum prospective acreage on behalf of a number of sovereign governments in Europe, Africa and the former Soviet Union. It explains the processes of licensing from the points of view of the two main protagonists, the government bodies and the international oil companies. The book also gives due prominence to the interests of the host communities and to the environment, as well as to the neighbouring states and the other participants who may be affected by the licensing process. In the modern world petroleum licensing takes place in the full glare of attention from the press and from public opinion. This work breaks new ground in recommending ways in which government and the oil companies may devise best practice in licensing to serve the interest of all parties and also an ethical business environment.

This text, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.

This detailed study presents an accessible examination of how upstream petroleum activities are regulated in developed and developing petroleum countries. It includes a particular focus on the granting of access to petroleum resources, and incorporates a thorough consideration of the concept of Lex Petrolea. Different countries utilize a variety of legal models for regulating the exploitation of petroleum resources and two internationally recognized systems of managing natural resources are salient: concessionary systems and contractual systems. Expert contributors provide a detailed and insightful overview of the licensing and concession system that is used to award access to petroleum in many countries. They address topics such as auctions and work program bidding, and consider contexts such as offshore petroleum and the Russian system. The book considers the international nature of petroleum, alongside how licenses are granted under the bid and discretionary system. It includes a comparative analysis of the award of licenses in the countries discussed. This discerning and comprehensive work will be a useful entry point for students embarking study in petroleum law. Academics will find this timely examination to be an indispensable overview of upstream operations. Practitioners will find this book an illustrative review of the origins of issues surrounding regulatory frameworks in managing natural resources. Contributors: S.W. Amaduobogha, O.L. Anderson, K. Fletcher-Johnson, G. Gordon, T. Hunter, A. Kompaniets, S. Kozuka, C. Kulander, E. Nordtveit, J. Paterson, E.G. Pereira, K. Svendsen, A. Wawryk

This Handbook examines the regulatory, social, financial, and technological issues pertaining to energy communities in smart cities. Evidencing the emergence of new imperatives at the intersection of sustainability, resilience, innovation, and legal issues, energy communities embody the thrust of the user-centred digital transformation our societies are subjected to today. By bridging the energy communities’ debate with smart cities research, this Handbook positions itself at the heart of the conversation on energy sustainability, climate action, and ‘just transition’. Drawing on contributions from across the globe, this book offers both a birds-eye and a detailed inter- and multidisciplinary insight into the emergence of energy communities and their evolution in the smart city context. Technological and regulatory aspects of this transition are explored from a variety of conceptual and empirical perspectives. Case studies evidencing developments in the Global South and the Global North embellish the conversation. Questions of climate change, energy efficiency, renewable energy sources, emissions’ reduction, and corresponding policy frameworks are discussed. Dedicated to all those interested in climate action, energy transition, sustainable development, and smart cities, this Handbook will be of interest to policymakers, lawyers, energy and urban experts, researchers, and students.

On September 27, 2019, the Institute for Energy and Regulatory Law Berlin and the Hellenic Energy Regulation Institute hosted in Athens an international congress on Energy Arbitration and Judicial Dispute Settlement. The contributions in this book reflect the wide range of current subjects dealt with, spanning from the representative actions in the energy sector over the landmark Achmea judgment of the European Court of Justice to the dynamic relationship between the principle of autonomy of EU Law and investment arbitration.

This book considers, and offers solutions to, the problems faced by local communities and the environment with respect to global mining. The author explores the idea of grievance mechanisms in the home states of the major mining conglomerates. These grievance mechanisms should be functional, pragmatic and effective at resolving disputes between mining enterprises and impacted communities. The key to this provocative solution is twofold: the proposal harnesses the power of industry-sponsored dispute mechanisms to reduce the costs and other burdens on home state governments and judicial systems. Critically, civil society actors will be given a role as both advocates and mediators in order to achieve a fair result for those impacted abroad by extractive enterprises. Compelling, engaging and timely, this book presents an innovative approach for regulating the foreign conduct of the extractive sector.

This timely collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised and major economies such as the US, EU, China and Australia; (ii) resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the tradeoffs and regulatory complexities of carbon-constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (ie decarbonised). It highlights the importance of ensuring affordable access to energy services in developing economies as the energy transitions unfold and explores the potentials of emerging technologies such as hydrogen networks, power-to-gas and Carbon Capture and Storage. Additionally, the book also considers the international investment law implications of energy decarbonisation. Focusing on the nexus between law, regulation and institutions, it adopts a contextual approach to examine how and to what extent institutions can effectively facilitate more reliable, sustainable and secure energy supply systems in the twenty-first century. This book portrays the conventional hydrocarbon-based energy supply industry in a largely international and interconnected context. It highlights the costs, benefits and losses that may arise as the transition towards decarbonisation unfolds depending on the pathways and solutions adopted. With chapters written by leading experts in energy law and policy, the reader-friendly style and engaging discussions will benefit an international audience of policymakers, academics, students and advisers looking for a more incisive understanding of the issues involved in energy transitions and the decarbonisation of energy systems.

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. The purpose of this book is to propose an innovative vision on the development process of the enlarged Mediterranean region. Triangulating the Gulf Cooperation Council, North Africa and the European Union into a unique cooperation scheme, the book highlights the strong complementarity that exists between these regions in the field of renewable energy. The wide availability of Sovereign Wealth Funds' capital in the Gulf Cooperation Council, the great renewable energy potential of North Africa and the institutional support of the European Union are the three main pillars of this cooperation scheme. This triangulation would enhance not only the energy outlook of the overall Mediterranean region, but also its socio-economic development, ultimately promoting an enlarged area of cooperation, stability and peace.

The EU has developed an increasingly ambitious energy efficiency policy. In particular, with the publication of an EU Energy Efficiency Action Plan in April 2000, the issue of efficiency has become a central concern of policy makers. The recent passage of the Energy Efficiency Directive underlines this trend: this is a piece of legislation which has the potential to profoundly influence the activity and behavior of energy suppliers, consumers, energy service companies, and others involved in the energy sector. This volume covers all areas of EU energy efficiency policy, from the objectives and strategic direction of policy at EU level, to the implications of EU policy for Member States and their energy efficiency action plans. Chapters are also devoted to exploring the implications of individual directives and regulations such as the Energy Efficiency Directive; the recast Energy Performance of Buildings Directive; the Eco Design Directive; and regulations pertaining to energy labeling of appliances. The recent Energy Efficiency Directive underlines that this is a central concern of policy makers. This volume covers all areas of EU energy efficiency policy. Explores the implications of individual directives and regulations. Includes Energy Performance of Buildings Directive and Eco Design Directive.

Biofuels are promoted as a type of renewable energy from biomass that replaces fossil fuels in transportation, in an attempt to achieve the three-fold objectives of energy security, rural development, and GHG emission reductions. However, the increased consumption and production of biofuels have been increasingly subject to criticism for their potential negative impacts on environmental and socio-economic sustainability, and these impacts could be intertwined and have implications ranging from local to global scales. Concerns over sustainability of biofuels have already led to regulatory measures particularly for biofuels in various legal systems, but the cross-cutting and multi-scale nature of the sustainability issue increases the complexity of regulation. In this context, this book is dedicated to a comparative analysis on the state-of-the affairs of the regulatory approaches to sustainability of biofuels in the international, EU, and Chinese legal frameworks, examining whether they may inclusively address sustainability concerns in environmental and socio-economic dimensions. This book finally concludes with observations from the comparative analysis, on the premise of which recommendations are made regarding the prospect for an inclusive regulatory approach to sustainability of biofuels taking account of the existing harmonisation, integration, transplantation, and convergence effects at different levels.

Conversations about energy law and policy are paramount, undergoing new scrutiny and characterizations. Energy Follies: Missteps, Fiascos, and Successes of America's Energy Policy explores how a century of energy policies, rather than solving our energy problems, often made them worse; how Congress and other federal agencies grappled with remedying seemingly myopic past decisions. Sam Kalen and Robert R. Nordhaus investigate how misguided or naive energy policy decisions caused or contributed to past energy crises, and how it took years to unwind their effects. This work recounts the decades-long struggles to move to market supply and pricing policies for oil and natural gas in order to make competition work in the electric power industry and to tame emissions from the coal fleet left to us by the 1970s coal policies. These historic policies continue to present struggles, and this book reflects on how future challenges ought to learn from our past mistakes.

Containing an in-depth study of the emerging theory and core concepts of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies. This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book's innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory. The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.

This groundbreaking book collects contributions from many of the world's leading climate and energy law scholars and provides the first major study of national Climate Change Acts. This cutting-edge type of legislation originated with the first Climate Change Act framework which was passed in the United Kingdom in 2008, and is intended to enable the law to grapple effectively with one of the great problems of our times, anthropogenic climate change. Since 2008, national framework climate legislation has been slowly but steadily emerging in countries across the world. This trailblazing collection employs a comparative analytical legal methodology and offers the first comprehensive study of this new, innovative form of legislative regime. In addition to containing broad internationalist chapters, deep-dive national case study chapters are included that focus on individual countries and provide analytical depth. A final chapter draws together the threads of the book's foregoing contributions to deduce generalisable conceptual insights based on current knowledge and experience. Uniquely, the book provides a conceptual model for Climate Change Acts that can usefully inform the development of national framework climate legislation in all countries.

Bringing together leading experts from across the UK and Europe, this book provides a comprehensive analysis of the impact of Brexit on the energy sector in the UK and in the European Union and its member states. In recent decades, the trend within the EU has been towards greater integration and liberalisation of energy markets. Through the development of the Union's Internal Energy Market and the funding of cross-border energy infrastructure, EU membership facilitates cross-border trade in energy, promotes security of energy supply and via EURATOM allows EU member states to trade in nuclear material for energy production. Brexit changes all of this. The significant level of integration and interdependence in EU energy policy means that the UK's departure from the Union poses many challenges for the UK, the EU and its member states. While certain energy-related arrangements have been addressed, the relationship between the UK and EU in the energy sector has been changed fundamentally. In this context important and interrelated questions arise, such as including: * Under what terms will energy trading between the EU and UK now take place? * What access will the UK have to EU energy markets? * What does Brexit mean for the security of energy supply? * What does the UK's departure from EURATOM mean for nuclear research? * Can the cross-border Single Energy Market (SEM) on the island of Ireland continue following Brexit? * What implications does Brexit have for renewables, the environment and climate change? Brexit comes at a time when the European energy sector is undergoing the processes of decarbonisation and energy transition. This book offers researchers, legal practitioners and policy advisers in-depth understanding of the interplay between these challenges and Brexit.

The Joint Operating Agreement (JOA) is widely used in the petroleum industry as a contractual framework for joint ventures across different continents and standardsThe first part of this book deals with considerations prior to entering into a JOA, such as compliance with bribery laws; standards, practices and procedures across the petroleum industry; enforceability of JOAs and understanding decommissioning obligations. The second part focusses on key clauses within any JOA covering topics including health and safety considerations; liability and insurance; and control of operations and expenditures.This is a unique publication dedicated to analysing all of these key practical issues faced by oil and gas companies in different parts of the world in negotiating and implementing a JOA in a single book publication.

'Decision-makers and academics interested in the politics of the Arctic should have this book to hand. It is a fascinating collection of well-researched chapters on the geopolitics, international law and institutions of the Arctic and national Arctic strategies. The authors, drawn from a wide range of backgrounds, cover subjects reflecting their expertise in this superbly edited volume.' - Clive Archer, Advisory Council, Arctic Forum Foundation The Arctic has again become one of the leading issues on the international foreign policy agenda, in a manner unseen since the Cold War. Drawing on the perspectives of geopolitics and international law, this Handbook offers fresh insights and perspectives on the most pressing issues, grouped under the headings of political ascendancy, climate and environmental issues, resources and energy, and the response and policies of affected countries. With the combined expertise of leading scholars in international relations and international law of the Arctic, the book covers key topics such as climate change, energy, indigenous issues, jurisdiction, marine resources, pollution and preparedness, and emergency response. Students, academics, political scientists and international lawyers working on Arctic affairs will find this ground breaking Handbook to be of essential reading. It will also be of interest to other social scientists, such as geographers, sociologists, and anthropologists. Contributors: P. Aalto, A. Bambulyak, N. Bankes, W.A. Berbrick, A. Bergman Rosamond, R.G. Bertelsen, L.-A. Broadhead, R. Churchill, D. Depledge, K. Dodds, N.C. Fabbi, P. Graczyk, A.H. Hoel, G. Honneland, I. Jaakkola, L.C. Jensen, O. Jensen, J.C. Justinussen, E.C.H. Keskitalo, T. Koivurova, P.W. Lackenbauer, M. uszczuk, T.L. McDorman, J. Manicom, E. Mason, T.L. Mcdorman, H.N. Nicol, M. Nuttall, T. Palosaari, D.R. Rothwell, C. Schofield, C. Smits, O.S. Stokke, A.K. Sydnes, M. Sydnes, M. Tennberg, N. Tynkkynen, D.L. Van Der Zwaag, N. Wegge, E. Whitsitt, M. Willis, B. Scott Zellen, K. Zysk

Fossil fuel subsidies strain public budgets, and contribute to climate change and local air pollution. Despite widespread agreement among experts about the benefits of reforming fossil fuel subsidies, repeated international commitments to eliminate them, and valiant efforts by some countries to reform them, they continue to persist. This book helps explain this conundrum, by exploring the politics of fossil fuel subsidies and their reform. Bringing together scholars and practitioners, the book offers new case studies both from countries that have undertaken subsidy reform, and those that have yet to do so. It explores the roles of various intergovernmental and non-governmental institutions in promoting fossil fuel subsidy reform at the international level, as well as conceptual aspects of fossil fuel subsidies. This is essential reading for researchers and practitioners, and students of political science, international relations, law, public policy, and environmental studies. This title is also available as Open Access.

Starting with a survey of the sources of Islamic law, the book questions the capacity of Islamic law to develop and to adapt itself to the exigencies of time and place, since, although the rules of the holy Quran are eternal and immutable, yet they can well be interpreted to suit fresh situations. The author argues that, although private ownership of minerals is permissible under Islamic law, it is the consensus of the Muslim dilemma that state ownership of minerals is the best concept to be adopted by states in the public interest. He goes on to discuss state participation in mineral activities, types of agreements, methods of finance and how the Shari'a laws fit into a well organized subject like the modern mineral industry. In regard to the protection of investors - Muslims and non-Muslims - under Islamic law, the author illustrates that investors are well protected and that no Muslim ruler has the right to deprive them of their property as long as they are performing their obligations. Unlike international law, under Islamic law public interest alone does not justify the taking of private property. Settlement of disputes and the attitude of Shari'a towards modern international arbitration are examined.

This book provides an analysis of the European policy approach to combined heat and power (CHP), a highly efficient technology used by all EU Member States for the needs of generating electricity and heat. European Law on Combined Heat and Power carries out an assessment of the European legal and policy measures on CHP, evaluating how it has changed over the years through progress and decline in specific member states. Over the course of the book, Sokolowski explores all aspects of CHP, examining the types of measures used to steer the growth of cogeneration in the EU and the policies and regulatory tools that have influenced its development. He also assesses the specific role of CHP in the liberalisation of the internal energy market and EU action on climate and sustainability. Finally, by delivering his notions of "cogenatives", "cogenmunities", or "Micro-Collective-Flexible-Smart-High-Efficiency cogeneration", Sokolowski considers how the new EU energy package - "Clean energy for all Europeans" - will shape future developments. This book will be of great interest to students and scholars of energy law and regulation, combined heat and power and energy efficiency, as well as policy makers and energy experts working in the CHP sector.

This book intends to inform the key participants in extractive projects - namely, the communities, the host governments and the investors - about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.

Examining local content law and policy in the oil and gas industry, this book uses Nigeria as a primary case study, comparing its approach to countries such as Brazil and Norway which have also adopted local content laws in relation to their gas and oil industries. In considering various aspects of local content law and policy as they apply to the oil and gas industry, the book examines the factors behind the formulation of local content policies by petroleum producing states, and the various strategies they have employed to implement them. It analyses arguments against local content requirements from the perspective of international trade and investment law, and from liberal market economic theorists, who argue against its overall usefulness. The book highlights salient aspects of the oil and gas industry such as regulation, national oil companies, treatment of minorities, and policy formulation and implementation.

The energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.

The book ties together much of the existing work on the history of oil and gas regulation in Iran and builds on that foundation to propose a coherent and balanced approach within the framework of the NCC.

Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional Fisheries Management Organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.