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

The present energy economy, with its heavy dependence on fossil fuels is not sustainable over the medium to long term for many interconnected reasons. Climate change is now recognized as posing a serious threat. Energy and resource decisions involving the carbon fuels therefore play a large role in this threat. Fossil fuel reserves may also be running short, and many of the major reserves are in politically unstable parts of the world.
Yet citizens in nations with rapidly developing economies aspire to the benefits of the modern energy economy. China and India alone have 2.4 billion potential customers for cars, industries, and electrical services. Even so, more than half of the world's citizens still lack access to energy. Decisions involving fossil fuels are therefore a significant part of the development equation.
This volume explains how the law can impede or advance the shift to a world energy picture significantly different from that which exists today.
This book first examines the factors that create the problems of the present carbon economy, including environmental concerns and development goals. It then provides international and regional legal perspectives, examining public international law, regional legal structures, the responses of international legal bodies, and the role of major international nongovernmental actors. The book then moves on to explore sectoral perspectives including the variety of renewable energy sources, new carbon fuels, nuclear power, demand controls, and energy efficiency. Finally, the authors examine how particular States are, could, or should, be adapting legally to the challenges of moving beyond the carbon economy.

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

Innovation and Disruption at the Grid's Edge examines the viable developments in peer-to-peer transactions enabled by open platforms on the grid's edge. With consumers and prosumers using more electronic platforms to trade surplus electricity from rooftop solar panels, share a storage battery, or use smart gadgets that manage load and self-generation, the grid's edge is becoming crowded. The book examines the growing number of consumers engaging in self-generation and storage, and analyzes the underlying causes and drivers of change, as well as the implications of how the utility sector-particularly the distribution network-should/could be regulated. The book also explores how tariffs are set and revenues are collected to cover both fixed and variable costs in a sustainable way. This reference is useful for anyone interested in the areas of energy generation and regulation, especially stakeholders engaged in the generation, transmission, and distribution of power.

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.

'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

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Recent developments both in Turkey and its immediate neighbourhood have brought into sharp focus Turkey's pivotal role in a region that has become increasingly challenging to the EU. These developments, for example, have prompted Ankara to declare more of an independent course of action both domestically and regionally and hasten into a detente with Russia. As a result, considerations of Turkey's European future have been eclipsed by concerns about Ankara's preference to aspire to being an independent regional power. Along with those about Turkey's orientation, time-honored existential questions are being raised again: Is Turkey a border, a buffer, or a bridge between the EU and the Middle East? This book moves beyond the 'identity' debate between Turkey and the EU, and offers a guide at this critical time for drawing lessons from a rigorous examination of divergence and convergence between the EU and Turkey in three significant policy areas. The result of a focused research project conducted by a team of international policy experts from the Central European University (Budapest) and Sabanci University (Istanbul), the studies included in this volume suggest alternative scenarios regarding how Turkey and the EU might jointly develop effective energy, transport, and competition policies, regardless of Turkey's EU candidacy status. These studies show how geo-strategic realities ultimately require Turkey to cooperate with the EU on a number of policy issues, despite Ankara's rhetoric to the contrary. Turkey's role as an energy supplier to the EU has never been dropped from Ankara's policy agenda. More recently, the Turkish government has been announcing how its investments in the third bridge across the Bosporus would help to release untapped potential of land-based trade between Europe and Asia. Regardless of the current divergence of political visions, Turkey's policy aims, at least in the three policy areas examined, foresee coordination, if not cooperation, with the EU.

Other People's Country thinks through the entangled objects of law - legislation, policies, institutions, treaties and so on - that 'govern' waters and that make bodies of water 'lawful' within settler colonial sites today. Informed by the theoretical interventions of cosmopolitics and political ecology, each opening up new approaches to questions of politics and 'the political', the chapters in this book locate these insights within material settler colonial 'places' rather than abstract structures of domination. A claim to water - whether by Indigenous peoples or settlers - is not simply a claim to a resource. It is a claim to knowledge and to the constitution of place and therefore, in the terms of Isabelle Stengers, to the continued constitution of the past, present and future of real worlds. Including contributions from the fields of anthropology, cultural studies, cultural geography, critical legal studies, and settler colonial studies, this collection not only engages with issues of law, water and entitlement in different national contexts - including Australia, Aotearoa/New Zealand, New Caledonia and the USA - but also from diverse disciplinary and institutional contexts. This book was originally published as a special issue of Settler Colonial Studies.

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.

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Energy has always been a potential positive European cooperation and integration factor. Providing zero-carbon power to homes and businesses across the EU will require an open market in electricity, underpinned by both upgraded and new trans-national transmission networks. Building this network in time to meet the 2050 challenge will require action now. Supergrid will allow Europe to transform its present energy system, still mainly based on fossil fuels, to one that is sustainable since it will not only be able to optimise all generation (energy mixes) of the Member States but will also be able to integrate all renewable energy sources that Europe wishes to exploit. This book will show that the above could be implemented today if there was the political will do so followed by the implementation of the necessary regulatory instruments. The different chapters will lead us through the period when the idea of a European Supergrid was just a vision to the reality of the technological developments that make it possible to have such a transformed energy system in the near future. Europe can afford a transformed energy system. Investing in all these new technologies that can limit global warming to 2 DegreesC has, of course, a cost but the cost of doing nothing would be much higher and not only in terms of money.

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.

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.

The management of natural resources is directly associated with climate change. On the one hand, most of the greenhouse gases released in the atmosphere originate from the production, transformation and use of natural resources such as coal, natural gas and oil. On the other hand, climate change affects natural resources such as forests and agricultural produce. These interactions illustrate the two-way relationship between climate change and the commodities sector. This paper analyses the ways in which the management of natural resources may impact climate change, and how climate change impacts the adaptation strategies of countries, industries and farmers that extract or produce primary commodities. Resource management is analysed from the perspective of a capital conversion-based model of development. One important conclusion of the paper is that integrating climate change concerns into resource management implies that some natural resources will need to be stranded in order to meet mitigation commitments compatible with the goal of limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit the increase in the average value of global temperature to 1.5 degrees Celsius above pre-industrial levels.

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.

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 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.

Examining international water allocation policies in different parts of the world, this book suggests that they can be used as a platform to induce cooperation over larger political issues, ultimately settling conflicts. The main premise is that water can and should be used as a catalyst for peace and cooperation rather than conflict. Evidence is provided to support this claim through detailed case studies from the Middle East and the Lesotho Highlands in Africa. These international cases - including bilateral water treaties and their development and formation process and aftermath - are analyzed to draw conclusions about the outcomes as well as the processes by which these outcomes are achieved. It is demonstrated that the perception of a particular treaty as being equitable and fair is mainly shaped by the negotiation process used to reach certain outcomes, rather than being determined mechanistically by the quantitative allocation of water to each party. The processes and perceptions leading to international water conflict resolutions are emphasized as key issues in advancing cooperation and robust implementation of international water treaties. The key messages of the book are therefore relevant to the geo-political and hydro-political aspects of water resources in the context of bilateral and multilateral conflicts, and the trans-boundary management of water resources, which contributes insights to political ecology, geo-politics, and environmental policy.

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.

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.

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.

Contracts of Carriage by Air, Second Edition contains annotated analysis of the provisions of the international conventions governing the carriage of goods and passengers by air.

This book provides you with practical advice and brings you:

An overall view of the two liability regimes, followed by a short history of the Warsaw Convention in its various versions and what led to agreement on a single regime, the Montreal Convention, as well as the threat to uniformity posed by EC Directives.
A statement of the rules of interpretation applicable to conventions of uniform law, illustrated mainly by decisions of the air conventions.
Commentary on the text of the 1999 Montreal Convention together with commentary on the text of the 1967 Warsaw Convention.
Reference to decisions of the courts not only of the UK but also those of other common law countries, notably the USA, and countries of civil law, notably France and Germany.

This title addresses one of the most talked-about sectors of recent times. Undoubtedly, there are political, technical, economic, commercial and legal challenges to meeting global, regional and domestic renewable, carbon and energy-efficiency targets. However, tremendous opportunities are open to those who understand the industry and its drivers. Featuring contributions by thought leaders in their fields from both the public and private sectors, this new book guides readers through key policy matters, broader challenges and future trends, all of which underpin the current and future direction of this sector. There is analysis of issues for financiers, risk identification, allocation and management and project structuring, with in-depth guidance on each. Given the diversity of technologies, specific chapters are dedicated to providing technical, commercial and legal guidance on wind, solar, hydro and embedded generation. Finally, the book considers clean coal technologies and carbon capture and storage which, although not renewable projects, have an important role to play in reducing global emissions and preserving a diversified fuel source mix. This book is aimed at those among the business community who want to understand how this sector will impact on their business, whether they be corporates, project developers, financiers or economists.

Historically, oil and gas upstream activities were largely open to foreign investment. However, nationalisation in recent decades has concentrated the vast majority of natural resources in the hands of national oil companies (NOCs). Therefore, independent oil companies (IOCs) are increasingly likely to deal with NOCs as a partner. The joint operating agreement (JOA) was intended as a private document that regulates relationships between private investors. Recent developments under several local laws require the participation of NOCs at some stage of the JOA. In addition, many NOCs are now operating internationally, such as Statoil, Gazprom and CNPC. JOAs will thus be affected, as public or semi-public entities are more likely to be party to a document which was originally constructed for private investors. This major work analyses the critical concerns and challenges that IOCs and NOCs face in this new type of consortium, and will ultimately suggest alternative solutions to find common ground between these parties. The book is divided into three chapters, which respectively deal with the supervision & conduct of operations, the financial and accounting issues relating to the consortium, and the other relevant provisions of the agreement. Each chapter will include analysis from the perspectives of four different types of company - large IOCs, large NOCs, young IOCs and young NOCs. This approach will provide a detailed picture of the JOA from the point of view of all players in the oil and gas industry, from small to large companies and private to public entities. This new edition, which is written by three relevant experts in the industry, updates the previous content and addresses new hot issues like compliance, conflict of interests, corporate and social responsibility and price volatility. It serves as an invaluable guide for IOCs, independents, NOCs, consultants, legal advisers and consultants who need to understand the implications of having an NOC as a party to a JOA.