This research collection examines writings from leading water law experts in the world to assess the law applicable to the uses, management and protection of water resources. Exploring the diverse aspects of this, from human rights to international economic law and peace and security, International Water Law comprehensively covers the multi-level facets of water resource management and protection in its wider scope.

An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, 'ASEAN' way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.

This book is about environmental and climate legal protection in the energy transition. The Paris Agreement has a binding commitment of holding the global temperature increase to 2 DegreesC while pursuing efforts to limit it to 1.5 DegreesC. To cope with the negative effects of climate changes and mitigate greenhouse gas emissions, one of the primary responses has been the deployment of renewable energy sources, transiting from fossil fuels to sustainable electricity production. However, renewable energy sources can also cause significant environmental impacts. Wind energy, for instance, can impact biodiversity, such as birds and bats, killing them when colliding with turbines and affecting their migration and nesting. This results in conflicts in environmental law. This book questions whether, in the energy transition, the generation of electricity from renewable sources to protect the climate is compatible with the protection of the environment, both interests in environmental law. To address this question, this book follows a legal-environmental perspective and assesses the common problem of solving those internal environmental conflicts in Brazilian and German law to understand and compare whether and how both legal systems solve the conflicts by compatibilizing the protection of the climate with other environmental interests. The legal analysis focuses on land-use planning and environmental licensing, assessing similarities and differences, and evaluating the results, identifying what one country can learn from the other.

Oil, an integral part of the contemporary global economy, is considered a driving force behind the 2003 invasion of Iraq. Hydrocarbon reserves in Iraq have a significant role to play in global supply, with oil revenue accounting for more than 90% of Iraqi government income. This book provides a comprehensive insight into the key foundations of Iraq's oil industry and assists in the development of a core area of domestic law to promote economic recovery following years of instability. It addresses the development of oil legislation and the formation of contracts since the US and allied occupation of Iraq in 2003. Legislation is assessed against the framework of the constitution along with the different types of oil agreements and their terms. The book looks at three main aspects of oil legislation, beginning with the validity and interpretation of the constitution as any subsequent legislation governing oil policy will be based upon this. The work then discusses whether the draft oil and gas law of 2007 and any subsequent oil legislation, including the law implemented by the Kurdish Regional Government in 2007, is valid. Finally, the book analyses the legitimacy of oil agreements entered into by the central and regional governments and whether these contain terms beneficial to the state and contracting party. Providing an in-depth analysis of the origins and development of the legal framework of the oil industry in Iraq, the book acts as both a reference source and a springboard for future research across a range of legal, economic and policy perspectives. It will appeal to practitioners and academics working in energy law and international investment law, as well as policy-makers, legal advisors and those working in governments and energy companies.

The public water supply, urban wastewater and urban waste management services are essential to the well-being of citizens, public health and economic activities. These are generally provided under natural or legal monopoly, so there is no incentive for utilities to search for greater efficiency and effectiveness and as such there is an increasing prevalence of such risks for users. For these reasons, society can significantly benefit from the existence of regulatory intervention capable of introducing greater balance in the relationship between utilities and their users. The Regulation of Water and Waste Services: An Integrated Approach (Rita-Ersar) presents a practical integrated regulatory approach to these water and waste services. This approach is called the ARIT-ERSAR model and it is capable of contributing to the promotion of access by citizens to these services that is tending towards the universal. These services are provided with suitable quality by utilities at socially acceptable prices and with an acceptable level of risk. This approach consists of a regulation model with two major areas of intervention: structural regulation of the sector and regulation of the performance of the utilities. The components of structural regulation are contributions to organisation, legislation, information and sectoral capacity building. The performance regulation of utilities consists of legal and contractual regulation, economic regulation, quality of service regulation, drinking water quality regulation and user interface regulation. Author: Jaime Melo Baptista, Chairperson of the Water and Waste Services Regulatory Authority, ERSAR, Portugal

The purpose of this book is to present an overview of the latest research, policy, practitioner, academic and international thinking on water security-an issue that, like water governance a few years ago, has developed much policy awareness and momentum with a wide range of stakeholders. As a concept it is open to multiple interpretations, and the authors here set out the various approaches to the topic from different perspectives. Key themes addressed include: Water security as a foreign policy issue The interconnected variables of water, food, and human security Dimensions other than military and international relations concerns around water security Water security theory and methods, tools and audits. The book is loosely based on a masters level degree plus a short professional course on water security both given at the University of East Anglia, delivered by international authorities on their subjects. It should serve as an introductory textbook as well as be of value to professionals, NGOs, and policy-makers.

The Nile River and its basin extend over a distinctive geophysical cord connecting eleven sovereign states from Egypt to Tanzania, which are home to an estimated population of 422.2 million people. The Nile is an essential source of water for domestic, industrial and agricultural uses throughout the basin, yet for more than a century it has been at the centre of continuous and conflicting claims and counter-claims to rights of utilization of the resource. In this book the author examines the multifaceted legal regulation of the Nile. He re-constructs the legal and historical origin and functioning of the British Nile policies in Ethiopia by examining the composition of the Anglo-Ethiopian Treaty of 1902, and analyses its ramifications on contemporary riparian discourse involving Ethiopia and Sudan. The book also reflects on two fairly established legal idioms - the natural and historical rights expressions - which constitute central pillars of the claims of downstream rights in the Nile basin; the origin, essence and legal authority of the notions has been assessed on the basis of the normative dictates of contemporary international watercourses law. Likewise, the book examines the non-treaty based claims of rights of the basin states to the Nile waters, setting out what the equitable uses principle entails as a means of reconciling competing riparian interests, and most importantly, how its functioning affects contemporary legal settings. The author then presents the concentrated diplomatic movements of the basin states in negotiations on the Transitional Institutional Mechanism of the Nile Basin Initiative (NBI) - pursued since the 1990's, and explains why the substance of water use rights still continued to be perceived diversely among basin states. Finally, the specific legal impediments that held back progress in negotiations on the Nile Basin Cooperative Framework are presented in context.

Founded ten years ago to bring stability and investment to the war-torn countries of South-East Europe, the Energy Community has developed into Europe's key instrument to secure energy supplies. Recent developments in Ukraine, one of the Energy Community's members, as well as the incipient debate to create an Energy Union, highlight the importance of this organisation and its ever-increasing future relevance.Unlike other international organisations in the energy sphere, the Energy Community is based on the rule of law - namely European energy, competition and environmental law exported to non-EU countries - as well as pan-European integration. It features a unique set of institutions and procedures. This book offers unprecedented insight into all the relevant aspects of the Energy Community, including the ongoing debate on reform.This book is written by officials of the Energy Community and other international organisations as well as academics and practitioners from the legal and consultancy professions.

The participation of the European Union and the Member States in international climate change policy is a complex issue. This book provides a clear guide to the subject which will help students and professionals alike to interpret and easily navigate to the information they require. It does so by explaining the foundations of European climate and clean energy law and policy, and the position of the European Union in the international climate dialogue. It then goes on to provide a unique commented overview of legislation and policy adopted in Europe since the early 1990s. Key topics covered include, amongst others: -EU Emissions Trading Scheme and the Linking directive-greenhouse gas emissions monitoring and reporting-electricity from renewable energy sources-energy efficiency-land, marine and air transport-fluorinated and other gases-carbon capture and storage-post-2012 phase-impacts and adaptation-climate change litigation-compliance It concludes with a full review of relevant literature.

In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water.

The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making.

In a world of growing environmental risks and ecological scarcities, ensuring a safe Anthropocene for humankind is essential. Managing an increasingly "fragile" planet requires new thinking on markets, institutions and governance built on five principles: ending the underpricing of nature, fostering collective action, accepting absolute limits, attaining sustainability, and promoting inclusivity. Rethinking economics and policies in this way can help to overcome the global challenges posed by climate change, biodiversity loss, freshwater scarcity, and deteriorating marine and coastal habitats. It requires decoupling wealth creation from environmental degradation through business, policy and financial actions aimed at better stewardship of the biosphere. In this book, renowned environmental economist Edward Barbier offers a blueprint for a greener and more inclusive economy, and outlines the steps we must take now to build a post-COVID world that limits environmental threats while sustaining per capita welfare.

By 1985, every oil and gas-producing state but Texas had passed a 'unitization' statute requiring cooperation among the various owners of oil and gas reserves. Using interviews, legislative transcripts, and statistical data, Jacqualine Lang Weaver attempts to explain why Texas failed to enact such a statute - aimed at encouraging the most efficient recovery of resources - and how Texas has managed to achieve substantial unitization nonetheless. Originally published in 1986.

Lex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran. A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legal regime governing the upstream sector in the most important geographical region for the international oil and gas sector.

Initially created as afterthoughts to competitive electricity markets, capacity markets were intended to enhance system reliability. They have evolved into massive, highly controversial, and poorly understood billion-dollar institutions. Electricity Capacity Markets examines the rationales for creating capacity markets, how capacity markets work, and how well these markets are meeting their objectives. This book will appeal to energy experts and non-experts alike, across a range of disciplines, including economics, business, engineering, public policy, and law. Capacity markets are an important and provocative topic on their own, but they also offer an interesting case study of how well our energy systems are meeting the needs of our increasingly complex society. The challenges facing capacity markets - harnessing market forces for social good, creating networks that manage complexity, and achieving sustainability - are very much core challenges for our twenty-first century advanced industrial society.

The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law?
In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order?
Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts.
The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulationand social policy.

'This book carefully blends conceptual insights with extensive empirical evidence to navigate the reader through an issue that is still poorly understood [and is] a valuable reference for the development practitioner to understand the fundamental causes of illegal logging, its myriad consequences and the policy choices available to address the problem' Nalin Kishor, Forest Law Enforcement and Governance Coordinator, The World Bank 'An excellent resource for those working to conserve and sustainably manage forests worldwide. It offers an extensive and comprehensive study of illegal logging, bringing together the knowledge and views of experts who examine its roots and social, economic and environmental implications. One of its important contributions is to show that, unless coupled with reform of forestry regulations to take into account local people, law enforcement to curb illegal logging can negatively impact them. Therefore, any effective and fair approach to the problem needs to involve governments, forestry operators and local communities alike' Gonzalo Oviedo, Senior Social Policy Advisor, IUCN In many countries illegal logging now accounts for a large share of the harvest. Once cut, illegal logs feed an insatiable demand for exotic hardwoods in developed and developing countries. The result has been loss of both revenue and biodiversity, and consequently the issue has risen to the top of the global forest policy agenda as one of the major threats to forests, and donors and national governments are starting to develop initiatives to control illegal logging. Yet for such a massive illegal trade, there is surprisingly limited knowledge available as to the major causes of illegal logging and its impacts on biodiversity, people and livelihoods and national economies, and thus plenty of speculation and action without evidence. It is clear that while illegal logging does have negative impacts, it also, controversially, and perhaps paradoxically, benefits many stakeholders, including local communities. This book, written by the world's foremost experts, examines the key issues including law and enforcement, supply and demand, corruption, forest certification, poverty, local livelihoods, international trade and biodiversity conservation. It includes key case studies from forest-rich hotspots in North, South and Central America, equatorial Africa and Indonesia. While there are clearly no easy answers, this book sorts fact from fiction and explores the many dimensions of the causes, impacts and implications for forests, people, livelihoods and forest policy. Published with CIFOR

'This book carefully blends conceptual insights with extensive empirical evidence to navigate the reader through an issue that is still poorly understood [and is] a valuable reference for the development practitioner to understand the fundamental causes of illegal logging, its myriad consequences and the policy choices available to address the problem' Nalin Kishor, Forest Law Enforcement and Governance Coordinator, The World Bank 'An excellent resource for those working to conserve and sustainably manage forests worldwide. It offers an extensive and comprehensive study of illegal logging, bringing together the knowledge and views of experts who examine its roots and social, economic and environmental implications. One of its important contributions is to show that, unless coupled with reform of forestry regulations to take into account local people, law enforcement to curb illegal logging can negatively impact them. Therefore, any effective and fair approach to the problem needs to involve governments, forestry operators and local communities alike' Gonzalo Oviedo, Senior Social Policy Advisor, IUCN In many countries illegal logging now accounts for a large share of the harvest. Once cut, illegal logs feed an insatiable demand for exotic hardwoods in developed and developing countries. The result has been loss of both revenue and biodiversity, and consequently the issue has risen to the top of the global forest policy agenda as one of the major threats to forests, and donors and national governments are starting to develop initiatives to control illegal logging. Yet for such a massive illegal trade, there is surprisingly limited knowledge available as to the major causes of illegal logging and its impacts on biodiversity, people and livelihoods and national economies, and thus plenty of speculation and action without evidence. It is clear that while illegal logging does have negative impacts, it also, controversially, and perhaps paradoxically, benefits many stakeholders, including local communities. This book, written by the world's foremost experts, examines the key issues including law and enforcement, supply and demand, corruption, forest certification, poverty, local livelihoods, international trade and biodiversity conservation. It includes key case studies from forest-rich hotspots in North, South and Central America, equatorial Africa and Indonesia. While there are clearly no easy answers, this book sorts fact from fiction and explores the many dimensions of the causes, impacts and implications for forests, people, livelihoods and forest policy. Published with CIFOR

This timely book examines the role played by regional authorities in the EU in the transition towards renewable energy. Regional governments generally have important decision-making powers concerning energy transition, but they may encounter resistance to the establishment of renewable energy activities in their communities.Drawing on both academia and practice, the expert contributors explore some of the key legal questions that have emerged along the energy transition path. Specific attention is paid to support mechanisms, administrative procedures for authorizing renewable energy projects, including the relevance of procedural rights as set out in the Aarhus Convention, and opportunities for allowing citizens, particularly citizens living near renewable energy projects, participate financially in renewable energy production. Based on experiences in several Member States (Germany, Italy, Spain, Sweden and the Netherlands) improvements to the content and application of the law are discussed. The book shows the complexities of renewable energy law, which will most likely become a controversial field of law in the near future. Providing a much-needed contribution to the literature, this is the first book to map legal questions around renewable energy from the perspective of local governments. It will have great appeal to scholars across both law and social sciences, as well as to practitioners in governments, NGOs and law firms. Contributors: B. Egelund Olsen, S. Fanetti, S. Gaines, K. De Graaf, I. Del Guayo Castiella, L. Holstenkamp, H. Kahl, C. Maly, A. Marseille, M. Meister, G. Michanek, M. Peeters, B. Pozzo, T. Schomerus, H. Thomas

Contents:
The Relationship between Energy, the Environment Imperatives and Scientific Drivers Regulation, Energy Resources and the Environment The Regulatory Bodies The International Dimension European Energy Law and Policy Trade, Competiton and the Environment The Regulation of the Coal Industry Environmental Protection and Onshore Oil and Gas The Exportation and Exploitation of Oil and Gas in the Marine Environment Nuclear Energy and the Environment The Electricity Supply Industry Sustainable Energy and Climate Change

This volume looks at the operational standards and obligations in civil aviation, and the consequences of failure to comply with them. It covers a wide range of topics both international and complex in measure.

Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, 'The prospects of energy transition', critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, 'Rules-based multilateral governance of the energy sector', details the development and sources of rules on energy. Part III, 'Competition and regulation in transboundary energy markets', discusses principal instruments of rules-based governance of energy. Part IV, 'Attracting investments and the challenges of multi-level governance', focuses on the critical governance of the right investments. This book is a flagship publication of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. It launches the Hart series 'Global Energy Law and Policy' and is edited by the series general editors Professors Peter D Cameron and Volker Roeben, and also Dr Xiaoyi Mu.

Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons - with all the attendant tragedies - in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.

How are common interests protected in international dispute settlement? What is the role of different courts and tribunals? Why is the case law on common interests (in)consistent? Do we need more consistency for a better protection of common interests? Common Interests in International Litigation provides answers to questions that arise in international litigation as a result of an increasing recognition of common interests in this field and an ever-expanding network of specialised judicial bodies.Common Interests in International Litigation studies the case law of a number of international courts, focusing on international litigation concerning natural resource exploitation. This is a theme closely linked to a number of common interests, one which has been considered by a number of courts dealing with human rights, international security, international trade, international investment, the law of the sea, and more.This study aims to bring together the case law of these diverse judicial bodies to develop a common approach to common interests in international litigation. In contrast to previous studies that have focused on the approach to common or public interests in distinct legal regimes, this book offers an overview of the issue traversing traditional boundaries between legal regimes. It is therefore of particular interest to practitioners of international law and scholars specialising in the field seeking to broaden their horizons, and essential reading to all those interested in the enforcement of common interests at the international level.

Energy Transitions: Regulatory and Policy Trends highlights the recent developments in EU energy law and underlying policy aspects that shape the regulatory approach to energy.By acknowledging the multidisciplinary nature of energy law, its close relationship with policy issues and its development as an evolving new sector-specific legal field, this book reflects the multifaceted nature of EU energy law by focusing on the most topical issues of EU energy law and policy today.It examines regulatory and institutional developments in EU energy law, the case law of the Court of Justice in the field of energy, and different policy dimensions and external aspects of EU energy law. The themes covered include: capacity mechanisms, interactions between EU and international organisations and jurisdictions outside the EU, application of general EU law to the energy sector, sustainability aspects such as the current state of renewable energy support schemes and waste-to-energy processes, underground gas storage facilities, and various aspects of shale gas developments in the EU.Energy Transitions: Regulatory and Policy Trends is of importance for academics and students as well as practitioners and policy makers working in the field of energy law.