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.

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.

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 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

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.

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

'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

The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world.
With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment.
The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.

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.

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.

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 Yearbook of European Environmental Law is a joint venture between leading academics, practitioners, and Community officials. Academics and students will find a wealth of information in the stimulating and clearly written articles. The well-structured and reliable Annual Survey is specifically designed to provide easy access to the very latest developments in environmental law at the European level. Separate parts of the Yearbook are devoted to important policy documents and reviews of books.

At a time of unprecedented growth in arbitrations between investors and States over energy resources, International Energy Investment Law: The Pursuit of Stability examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and States in the international energy industry. It covers most forms of energy, especially oil and gas, and considers issues arising from energy network operation including transit. It pays particular attention to their practical impact through an analysis of their enforcement by arbitration tribunals and bodies, such as ICSID, the ICC and the LCIA. The book also examines growing challenges presented by environmental and human rights concerns to the stability of long-term agreements.
Investors in the international energy industry have long sought to secure guarantees from host States to mitigate the risk of unilateral revision of the deal at a future date. In recent years the traditional method of securing such guarantees has been supplemented by an unprecedented growth of international investment law in the form of BITs, MITs and other treaty-based instruments. Many States have also introduced guarantees into their domestic legislation. This 'multi-tier' regime of stability has fundamentally altered the legal framework for energy investors and host States and offers extensive scope for international arbitration in the event of disputes. It is a system that is currently being tested in a number of high-value commercial disputes as a result of a wave of unilateral State action, most evidently in Latin America and East Europe. The protections for investors are being tested as arbitrators develop new notions of 'legitimate expectations' and give content to 'fair and equitable treatment', while mapping out more precisely the duties which investors have to host States. This book examines critically the interaction between contract and treaty forms of stability in the new multi-tier setting, including two highly detailed regional case studies of Latin America and East Europe. In its concluding section, it looks forward to new challenges arising from climate change, human rights and environmental issues.

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 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:

• 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.

While media and public attention to energy issues tends to wax and wane, energy security and the environmental implications of energy use have always been a core component of RFF's research agenda. Key concerns include protecting the economy from price shocks and exploring the connections between energy use and economic growth. This collection of eight works represents some of RFF's best work on these subjects. The RFF Library Collection brings back landmark books published by Resources for the Future throughout its nearly 60-year history as the pre-eminent research institution devoted exclusively to environmental issues. The Collection offers individuals and institutions the most classic and relevant literature across a range of environmental issues.

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.