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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources law
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.
This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Is the EU on the right track to meet its stated objective - a true European energy security policy? Is the current architecture on which the EU gas security of supply policy is built able to deliver those responses needed in order to meet the growing risks and changing realities EU gas security faces? How should European institutions and regulation adapt and respond? What tools are available to secure gas supply? This book feeds these questions by taking stock of today's EU gas security of supply governance
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.
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.
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.
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.
Hydrogen, the most abundant element in the universe is often cited as the key to unlock the decarbonisation of sectors such as transport, heating and industrial processes, while also transforming the role that renewable energy plays in the electricity mix. Together with carbon capture and storage technology or coupled with renewable generation, this energy vector is a likely key pillar in the ongoing energy transition. This Special Report considers the key legal and regulatory challenges and opportunities in developing, financing and operating hydrogen projects, including: Key technologies, methods and hydrogen's role in the net zero agenda; Key stakeholders and their roles; Key policies and legal frameworks; and Revenue streams, commercial models and issues for financiers. The Special Report will also consider how hydrogen can be used in industrial processes, transport and the heating sectors. Written for a legal and non-legal audience, this report will appeal to those looking for a deeper understanding of the opportunities in the hydrogen sector and ways in which some of these may be realised.
Petroleum royalty agreements are well understood and widely used in several jurisdictions worldwide, and are increasingly being used in many new jurisdictions as a tool for petroleum project development, financing and divestment. However, they are not always drafted with the necessary rigour, and deficiencies are commonplace. This Special Report provides an overview of the key issues relating to petroleum royalty agreements (with drafting examples), including: *key forms of royalty agreement (including gross overriding royalties, net profit interests, cash and in-kind royalties); *an explanation of the economic underpinning of royalty agreements; *the content and effect of key royalty agreement provisions; and *additional provisions which can be found in royalty agreements. It will be an invaluable guide to legal, commercial and financial professionals engaged in petroleum project financing, development and divestment.
'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
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.
'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
Acquisitions and divestitures are common occurrences in the international oil and gas industry, ranging in size and complexity from transformational mergers between supermajors to transactions at an individual asset level. These transactions are used in order to manage both costs and risks. Although the recent oil price slump has somewhat reduced the level of transactional activity, that level is expected to increase again in the near term. Low oil prices are creating an increasing number of distressed sellers and an increasing number of opportunistic buyers, including some that have not traditionally participated in the upstream oil and gas industry. Sale and purchase agreements relating to oil and gas assets are highly specialised, reflecting the unique nature and characteristics of the industry itself. This book, written by experienced and well-known practitioners from within the oil and gas industry, is intended to provide a practical review of the provisions typically included in such agreements. The second edition of this title includes updated and revised chapters from the first edition, as well as new chapters on: preliminary agreements (memoranda of understanding, letters of intent); disclosure letters; private equity transactions; warranty and indemnity insurance; and material adverse changes. This new edition aims to benefit lawyers and commercial negotiators working in the industry who handle sale and purchase transactions and who want to better understand the usual terms and conditions involved in those transactions. Legal professors and their students could also benefit from using the book as a teaching aid based on real-world experience.
"Southwest Under Stress" examines the development-environment conflict in the four contiguous states of Arizona, Utah, Colorado, and New Mexico. It emphasizes three issues with implications that extend far beyond the Southwest: water - its quantity, quality, and allocation; environment - how and to what extent it should be preserved; and the future of Native American and other poverty-stricken peoples. Energy comes in for special attention because the Southwest is a principal repository of fossil and nuclear fuels. This book serves as a guide for public policy in the region, and many of the policy alternatives set out are aimed at state and local governments. Alleviating poverty, improving the lot of Native Americans, and formulating workable water, environmental, and natural resources development policies are all of special concern to the region, but the federal government has asserted a dominant role in may of these areas. The book discusses ways in which the federal role may change to improve both federal policy itself and cooperation with other levels of government.
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
Aviation law, with its associated flight rules and procedures, has always been a difficult subject for students and this well established text has provided an authoritative guide to the subject. Now, with the introduction of the Joint Airworthiness Requirements Flight Crew Licensing (JAR - FCL) examinations, it has been completely rewritten to cover the new syllabuses and to take account of the new FCL style of examinations. The opportunity has been taken to simplify presentation of information, with more checklists to aid revision work. Tests are included which are cross referenced to the pages containing the relevant text.
Energy storage is a key trend in the electricity industry across the globe, with one recent analysis predicting 942GW of storage (excluding pumped storage) will be developed by 2040. This Special Report provides an overview of the key issues in relation to the development of storage projects, including: *The main technologies *Regulatory arrangements *Revenue streams and *Contracting arrangements and covers the key policy, commercial and legal principles that underpin this developing sector.
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.
The international energy industry frequently gives rise to complex, high-value disputes. As economic and commercial circumstances change, joint venture partners may disagree over operations, sellers and buyers may manoeuvre to amend pricing terms and states may seek to improve their take from investment projects. Any of these outcomes can have significant consequences for the long-term prospects of companies operating in the sector. These are just some of the issues covered by this title, which provides a practical, user-friendly overview of the essentials of international arbitration in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the effective drafting of arbitration clauses, how to keep international arbitration affordable, gas price arbitrations, EPC and construction arbitrations, investment treaty disputes under the Energy Charter Treaty, third party funding in international arbitration and enforcement of arbitral awards. Edited by Ronnie King, Tokyo Managing Partner and international arbitration expert at international law firm Ashurst LLP, this title will be of practical value for all lawyers advising in the energy industry, and for others who have an interest in the important issues discussed.
Minerals and mining are key to the world economy. The mining and processing of minerals are major sources of income and employment in many countries and minerals are used to make many essential goods that people and economies require worldwide. This practical title outlines in a single volume the essential principles involved in the life of a mining project, from preliminary agreements, to the sale and purchase of minerals, and the decommissioning of mining assets. It is intended as a practical guide for anyone seeking a better understanding of key commercial and legal principles and documentation involved in finding and developing a mining project. co-edited by Canadian law firm Cassels Brock & Blackwell's Darrell Podowski, a highly-ranked expert in mining law, and Jennifer Poirier, organiser of Canadian-based mining association, the Young Mining Professionals, this practical title features contributions from leading practitioners around the world. Whether you are a lawyer in private practice or in industry, a commercial negotiator or from a financial institution or mineral resource or mining-sector advisory practice, this title will provide a comprehensive insight into minerals and mining transactions.
Water Regulations in Brief is a unique reference book, providing all the information needed to comply with the regulations, in an easy to use, full colour format. Crucially, unlike other titles on this subject, this book doesn't just cover the Water Regulations, it also clearly shows how they link in with the Building Regulations, Water Bylaws and the Wiring Regulations, providing the only available complete reference to the requirements for water fittings and water systems. Structured in the same logical, time saving way as the author's other bestselling in Brief books, Water Regulations in Brief will be a welcome change to anyone tired of wading through complex, jargon heavy publications in search of the information they need to get the job done.
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.
With shale gas continuing to have a dominant impact on North American natural gas markets, unconventional natural gas now appears to be causing change in the global supply mix. The extent of this change requires the examination of a unique set of challenges that extend far beyond North America. Complex environmental, social and technical issues must be navigated for the development of safe and sustainable hydraulic fracturing practices to unlock the full potential of this unconventional resource, and the second edition of this guide examines the issues around hydraulic fracturing in a practical and user-friendly manner. This fully revised edition features contributions from leading authorities in the field. Chapters cover key issues such as: the regulation of hydraulic fracturing in the US, and the UK; worldwide natural gas pricing trends; joint ventures; gas sale agreements; unconventional gas in Australia; and the causes of action and potential outcomes in shale gas disputes. Together, the contributions give a crucial insight into one of the fastest-moving areas of the natural gas industry. 'Shale Gas' is an essential reference tool for natural gas producers, lawyers (both in private practice and in-house), energy industry advisers and end users worldwide, providing a practical and timely overview of the shale gas industry.
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.
The joint operating agreement (JOA) is probably one of the most relevant agreements in the upstream sector. The costs and risks involved in any upstream project are likely to be too great for any company to bear alone, and that's why it is fairly common for oil and gas companies to combine their efforts with others through joint ventures. The costs of a joint venture are usually controlled through mechanisms such as work programmes and budgets, authorisations of expenditure, and the awarding of contracts. But none of these mechanisms are going to regulate when and how the operator can issue a cash call, how the operator can charge the costs related to the joint venture, or how a non-operator can audit those costs. All of these detailed financial controls are exercised through agreed accounting procedures. Usually, these accounting procedures are set out in an attachment to the JOA. The attachment can be fairly lengthy and complex since it deals with one of the key issues of the consortium: expenditure. If the accounting procedures do not establish clear rules in that area, costs and associated exposure could increase significantly for the parties involved. This publication analyses and explores in detail what accounting procedures should apply, what the main issues are for an operator and a non-operator; and how the standard model forms address those issues. Several sets of JOA model forms (from AIPN, OGUK, Greenland and Norway, for example) are explored. Through the book, international oil companies, independents, national oil companies, legal advisers and consultants can learn how to perfect their accounting procedures and understand the risks and issues that they might face in the future |
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