Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states' authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation's wildlife and biodiversity.

This volume presents the first comprehensive examination of the legal issues surrounding international debt recovery on claims against Iraqi oil and gas. In addition to presenting a snapshot view of Iraq's outstanding debt obligations and an analysis of the significance of the theory of odious debt in the context of the Iraqi situation, the list of legal issues examined includes relevant provisions of the Iraqi Constitution of 2005, controlling Security Council resolutions, pertinent articles of the KRG oil and gas law (No. 22) of 2007 and the many nuanced and technical questions raised thereby, legal pronouncements aimed at protecting Iraqi oil and gas and those adopted in selected other nations, and general problems associated with recognition and enforcement of awards or judgments that may involve such oil and gas or revenues from the sale thereof. Also discussed are the lessons learned by the handling of the Iraq debt experience and the transferability of those lessons to future situations.

This book is the first and only comprehensive examination of current and future legal principles designed to govern oil and gas activity in Iraq. This study provides a thorough-going review of every conceivable angle on Iraqi oil and gas law, from relevant provisions of the Iraqi Constitution of 2005; to legislative measures comprising the oil and gas framework law, the revenue sharing law, and the laws to reconstitute the Iraq National Oil Company and reorganize the Ministry of Oil; to the Kurdistan Regional Government's 2007 Oil and Gas Law No. (22) and its accompanying Model Production Sharing Contract; and to the apposite rules of international law distilled from both controlling UN resolutions addressing Iraq and more generally applicable principles of international law. This text is essential to the reading collection of every practitioner, business executive, government official, academic, public policy maven, and individual citizen with an interest in the details and controversial aspects of Iraqi energy law.

The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of international, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on "Developments in the EU and EU Energy Law", "EU Case Law", "New Developments in Cross-Border Energy Governance", "Energy Communities" and "Clean Hydrogen: Regulatory Frameworks".

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.

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.

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.

International Energy Governance: Selected Legal Issues covers some of the most interesting and pressing areas of international energy law and policy. Eastern-Mediterranean, WTO and energy, external EU energy policy and the promotion of renewable energy and its various effects on market institutions are just examples of legal issues selected for this book. The authors provide a comprehensive account of these areas under a common theme of energy, trade and environment. This is recommended reading for international lawyers dealing with these topics.' - Kim Talus, University of Eastern Finland, FinlandIn a world that is hungry for energy security, the legal components at the junction of interstate energy cooperation have become increasingly important. International law as it stands today is not equipped to handle international energy governance issues fully, negatively affecting our aim to meet energy security. Selected legal deficiencies relating to international energy governance are identified in this salient book. The currently fragmented and multi-layered international energy governance regime is exposed and reviewed. If governance were streamlined for legal cohesiveness and international political and economic cooperation, it would promote energy security. The book offers a broad perspective on interstate energy cooperation in areas such as energy transit, energy market liberalization and energy investment. A more specific approach is presented in areas of cooperation such as trade and energy; trade, environment and energy; and energy exploration and maritime delimitation disputes. Finally, International Energy Governance considers energy as a special sector within the World Trade Organization and presents an analysis of European Union energy governance and renewable energy systems. This book would primarily be of interest to students, scholars, lawyers, policymakers, and think tanks dealing with the legal aspects of energy, as well as those communities relating to other energy-related disciplines. Contents: Introduction Part I. Interstate Energy Governance: Selected Legal Issues from Trade, Environment and Law of the Sea 1. A fragmented Global Energy Governance 2. Energy as a Special Sector in the World Trade Organization 3. Trade, Environment and Energy: Implications for the Conservation of Oil Resources 4. Energy and Law of the Sea: Eastern Mediterranean Basin Scenarios Part II. EU Energy Governance: Selected Legal Aspects 5. EU Energy Security 6. The EU and its Systemic Relationship to the Energy Community and the Energy Charter Treaty Part III. Renewable Energy in the WTO and EU: Selected Legal Aspects 7. Renewable Energy in the World Trade Organization 8. Renewable Energy in the European Union Part IV. Looking Forward: Bridging the Policy Objectives of Energy, Trade and Environment 9. Sustainable Development and Mega-regionals: The TTIP and TPP Index

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 analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.

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.

Regulating Offshore Petroleum Resources makes a unique comparison between the main regulatory characteristics of the Norwegian and British models for petroleum exploration, production and supply. Leading scholars explore the extent to which these models are relevant for the design of regulatory models in countries with significant existing petroleum resources. The applicability of these regulatory models to countries with potential petroleum resources is also assessed. Providing a profound understanding behind the evolution of the British and Norwegian petroleum regimes, this innovative book investigates why these countries followed different paths and analyses the resultant outcomes. Key features include examination of the historical evolution of relevant petroleum regimes, lessons learnt, and an interdisciplinary approach from a range of recognised experts. This comprehensive book will be of great value to regulation and environmental law scholars. Inspection of the ways in which these models can be applied to other countries will also be of interest to government officials and practitioners.

The world's energy structure underpins the global environmental crisis and changing it will require regulatory change at a massive level. Energy is highly regulated in international law, but the field has never been comprehensively mapped. The legal sources on which the governance of energy is based are plentiful but they are scattered across a vast legal expanse. This book is the first single-authored study of the international law of energy as a whole. Written by a world-leading expert, it provides a comprehensive account of the international law of energy and analyses the implications of the ongoing energy transformation for international law. The study combines conceptual and doctrinal analysis of all the main rules, processes and institutions to consider the past, present and likely future of global energy governance. Providing a solid foundation for teaching, research and practice, this book addresses both the theory and real-world policy dimension of the international law of energy.

Deep in the heart of the southern West Virginia coalfields, one of the most important environmental and social empowerment battles in the nation has been waged for the past decade. Fought by a heroic woman struggling to save her tiny community through a landmark lawsuit, this battle, which led all the way to the halls of Congress, has implications for environmentally conscious people across the world. The story begins with Patricia Bragg in the tiny community of Pie. When a deep mine drained her neighbors' wells, Bragg heeded her grandmother's admonition to "fight for what you believe in" and led the battle to save their drinking water. Though she and her friends quickly convinced state mining officials to force the coal company to provide new wells, Bragg's fight had only just begun. Soon large-scale mining began on the mountains behind her beloved hollow. Fearing what the blasting off of mountaintops would do to the humble homes below, she joined a lawsuit being pursued by attorney Joe Lovett, the first case he had ever handled. In the case against the U.S. Army Corps of Engineers (Bragg v. Robertson), federal judge Charles Haden II shocked the coal industry by granting victory to Joe Lovett and Patricia Bragg and temporarily halting the practice of mountaintop removal. While Lovett battled in court, Bragg sought other ways to protect the resources and safety of coalfield communities, all the while recognizing that coal mining was the lifeblood of her community, even of her own family (her husband is a disabled miner). The years of Bragg v. Robertson bitterly divided the coalfields and left many bewildered by the legal wrangling. One of the state's largest mines shut down because of the case, leaving hardworking miners out of work, at least temporarily. Despite hurtful words from members of her church, Patricia Bragg battled on, making the two-hour trek to the legislature in Charleston, over and over, to ask for better controls on mine blasting. There Bragg and her friends won support from delegate Arley Johnson, himself a survivor of one of the coalfield's greatest disasters. Award-winning investigative journalist Penny Loeb spent nine years following the twists and turns of this remarkable story, giving voice both to citizens, like Patricia Bragg, and to those in the coal industry. Intertwined with court and statehouse battles is Patricia Bragg's own quiet triumph of graduating from college summa cum laude in her late thirtie and moving her family out of welfare and into prosperity and freedom from mining interests. Bragg's remarkable personal triumph and the victories won in Pie and other coalfield communities will surprise and inspire readers.

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.

Many businesses profess to be voluntarily taking steps to protect the environment, and going beyond compliance with environmental regulations to do so. Kurt Strasser evaluates these claims in this timely and cutting-edge inquiry.The author begins by analyzing whether firms with business environmentalism programs have better environmental performance records than others. He finds that the record is mixed and complex. Yet these kinds of programs are important, he argues, even if to date they have been only partially successful. He goes on to explore what policies should be adopted to promote and channel business environmentalism. The book concludes with a case study of the business community s efforts to mitigate climate change. A nuanced look at an issue of growing concern, this volume will be of great value to anyone concerned with corporate social responsibility, whether it be from a law, business, NGO or government perspective. Contents: Preface 1. Introduction 2. Business Environmentalism: What are Companies Doing and How is it Working? 3. Why Business Environmentalism is Important to Environmental Policy 4. New Governance Theory and Business Environmentalism 5. Supporting Environmental Management Systems with Regulatory Rewards 6. Regulating Information About Business Environmentalism 7. Business Environmentalism and Climate Change the Elephant in the Room 8. Conclusion Bibliography Index

Transparency in the regulation of water utilities is essential in order to ensure quality and fairness. This book explores and compares different regulatory arrangements in the water utilities sectors in three jurisdictions to determine which regulatory and ownership model is most transparent and why. The three jurisdictions considered are England (UK), Victoria (Australia) and Jakarta (Indonesia). Following an introduction to the importance of transparency in water utilities regulation, the book provides an overview of the three chosen jurisdictions and their legal and institutional frameworks. Through a comparison of these the author explores the contested and difficult terrain of "privatization", as (often) opposed to public ownership, in which it is shown that the relationships between transparency and ownership models are not as clear-cut as might be assumed. Chapters consider various aspects and outcomes of the regulatory process and the role of transparency, including topics such as regulators' internal governance mechanisms, utilities corporate governance, licensing and information flow, freedom of information and transparency in tariffs and pricing, as well as customer service. The book concludes with a summary of lessons learned to inform the refinement of transparency in utilities regulation.

Nuclear Power Plant Development covers the intricacies of developing a nuclear power plant project from a construction and legal standpoint. It deals with structuring, drafting, and negotiating a wide range of standard and specialised contracts relating to the development of nuclear power-generation projects and also covers the other forms of power-generating facilities. It covers the forms of contract, the law involved internationally, and potential areas of pitfalls and how to avoid them in a systematic format covering various forms of projects. It is suitable for solicitors and barristers involved in the contracting for such facilities and the handling of litigation related to them, government officials involved in the commissioning and development of nuclear facilities for regional governments, and engineers and contractors involved in the actual work of design and contract administration and dispute resolution.

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.

This book analyzes the development policies behind the evolution of various arrangements for international petroleum exploitation. By studying examples of the principal categories of petroleum arrangements in four representative developing countries (Thailand, Indonesia, Brazil and China), this study examines in particular the issues of recent trends and new directions in contractual development and environmental sustainability that are reflected in both the structure and substance of the modern petroleum contracts that have emerged since the 1950s. Modern petroleum contracts are generally able to achieve a greater commerciality and mutuality of interests, but they have failed to produce a necessary balance between resources extraction and environmental sustainability. The future direction for petroleum agreements is that they must explicitly recognize the inherent interdependence of commercial viability and sustainable development.

'This book can be a guide for regulators as they make decisions about issues such as affordability and access to special programs that may have been deprived of the attention they merit in the past.' - Ashley Brown, Harvard University, US Energy Justice: US and International Perspectives is a pioneering analysis of energy law and policy through the framework of energy justice. While climate change has triggered unprecedented investment in renewable energy, the concept of energy justice and its practical application to energy law and policy remain under-theorized. This volume breaks new ground by examining a range of energy justice regulatory challenges from the perspective of international law, US law, and foreign domestic law. The book illuminates the theory of energy justice while emphasizing practical solutions that hasten the transition from fossil fuels and address the inequities that plague energy systems. Among the first edited volumes to focus wholly on the emerging field of energy justice, this book takes a multidisciplinary approach that examines energy law and policy through the lens of environmental justice, climate justice, indigenous rights, human rights, and energy democracy. Contributions from prominent scholars and practitioners demonstrate how energy justice frameworks can be applied in theory and practice. With a foreword by Dr Robert Bullard, Energy Justice is a critical resource for: law students and professors; researchers, students and faculty of graduate and undergraduate courses in the area of energy and the environment; and advocates and policymakers in the area of energy and the environment. Contributors include: S.H. Baker, A. Brown, R. Bullard, R. Colton, M. Dworkin, S. Foster, C.G. Gonzalez, E.A. Kronk Warner, D.S. Olawuyi, O. Outka, R. Salter, C. Sandoval, D.N. Scott, A.A. Smith, P. Sheppard, E. Stein, J. Wolfley

Petroleum Resource Management offers a thought-provoking examination of how countries manage their offshore petroleum resources by comparing the different approaches to licensing and regulation taken by Australia, Norway and the UK.Based on extensive research into their policies, licensing systems and resource management regulations, including interviews with government regulators and companies, John Chandler explores how these countries all face similar challenges as their offshore petroleum basins mature, including smaller discoveries, marginal production and ageing infrastructure. Identifying further challenges such as climate change and the increasing accountability in relation to sustainability and social issues, Chandler analyses how their petroleum policy, systems of regulation and regulators developed up to the present, and how they are responding to these challenges, as well as how they deal with exploration, development, infrastructure sharing and production.This timely and informative book will be essential reading for those in petroleum policy and governance, including petroleum lawyers, government officials, regulators and analysts. Academics and students on courses relating to petroleum regulation and the governance of resources will also benefit from this engaging book.

Nearly everyone accepts as gospel two assumptions: compliance with environmental rules is high, and enforcement is responsible for making compliance happen. Both are wrong. In fact, serious violations of environmental regulations are widespread, and by far the most important driver of compliance results is not enforcement but the structure of the rule itself. In Next Generation Compliance, Cynthia Giles shows that well-designed regulations deploying creative strategies to make compliance the default can achieve excellent implementation outcomes. Poorly designed rules that create many opportunities to evade, obfuscate, or ignore will have dismal performance that no amount of enforcement will ever fix. Rampant violations have real consequences: unhealthy air, polluted water, contaminated drinking water, exposure to dangerous chemicals, and unrestrained climate-forcing pollution. They also land hardest on already overburdened communities - that's why Next Gen and environmental justice are tightly linked. The good news is there are tools to build much better compliance into regulations, including many tested strategies that can be the building blocks of programs that withstand the inevitable pressures of real life. Next Generation Compliance shows how regulators can avoid the compliance calamities that plague far too many environmental rules today, a lesson that is particularly urgent for regulations tackling climate change. It has an optimistic message: there are ways to ensure reliable results, if regulators jettison incorrect assumptions and design rules that are resilient to the mess and complexity of the real world.