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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources law
A Vital Explanation of Water Law and Policy Because demand for and access to quality water far exceeds the current supply, it is increasingly critical to understand the state and federal laws and policies that govern water rights. From farming, fishing, and biology to manufacturing, mine operation, and public water supply, water regulation affects all strata of society. Determining U.S. Water Rights: Different Systems for Different
Needs Tools to Aid Further Research
Scientists have long been searching for a unified field theory-one answer to all of the questions about the physical universe. In this book, Rhett Larson takes a similar approach to social policy questions. What if we could find a unified social policy theory-the answer to every question from how to prevent war to how to promote gender equality? Most of our most serious global challenges are complex, multi-faceted "wicked problems." But perhaps the first step in solving wicked problems as seemingly distinct as racism and disease epidemics is the same: reform our laws, policies, and priorities to achieve global water security. Global water security means reasonable access for all people to water of acceptable quantity and quality with acceptable costs and risks. Just as the essential element to all life is water, so water is the essential element to solving life's challenges. Virtually every major social challenge-including gender inequality, racial discrimination, terrorism, space exploration, global disease epidemics, mass migrations, and climate change-has a significant and underappreciated water component. Each chapter of this book takes up one of these wicked problems, illustrates the role water plays in that problem, and proposes reforms to address the water aspect of that problem, with the aim of achieving global water security. The goal of this this book is to convince the reader that the answer, or at least one part of the answer, to our most serious problems is the oft-repeated catchphrase: "Just add water."
International copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jorgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.' - Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UKThis Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty. - Unique insight from the author's experience serving as Director of the Copyright Law Division at WIPO. - Presents the international norms in their historical context, and explains rationales behind the rules and relations among them. - Thematically organized discussion facilitates the reader's understanding of the numerous and partly overlapping treaties. - Approaches the topic from the perspective of tackling complex issues in practice. - Balanced discussion of both copyright and related rights. - Guides the reader to the more specialized commentaries for issues requiring further in-depth research. A must-have introduction for scholars and students who need to develop their understanding of copyright and related rights in an international context, and for practitioners and government officials who require a starting point for researching and resolving complex issues. Contents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions Index
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.
This book reviews and examines the relevant portions of all international treaties, cases and the national law and practice of states, in relation to international aspects of offshore oil rigs. By doing so, it offers an understanding of the legal regime surrounding oil rigs and formulates an international law framework. It investigates the issues under consideration by analyzing provisions of international law pertaining to all aspects of oil rigs, as well as international treaties and their travaux preparatoires. It also examines the national legislation of major offshore oil and gas producers and defines a framework of customary international entities such as the OSPAR and the petroleum industries of certain major offshore oil producers. Based upon the book's findings, it is clear that in spite of their increasing importance, offshore oil installations are subject to fragmentary and vague legal rules under international law.
The international legal rules affecting renewable alternative energy resources are amongst the most important legal and environmental concerns of the near future. As traditional energy sources are depleted, new technologies are being developed to harness the potentials of wave, current and tidal energy, coastal wind power, offshore geothermal, polar energy resources and space-based solar collection. This book is the first comprehensive analysis of the legal rules governing the alternative energy resource potential of all international common areas - the high seas, the polar zones (especially Antarctica) and outer space. In a detailed, but precisely analyzed text, the book also reviews the international environmental rules affecting exploration, exploitation and use of internationally situated energy resources, alongside resources located offshore under national jurisdictions. This is accompanied by a critical look at the connection between efforts to control greenhouse gases and the growing interest in non-polluting alternatives found in the international "commons . The result is a work of unprecedented value for environmental and international law academics and practitioners, as well as those interested in environmental resource economics and politics.
China has industrialized and urbanized at unprecedented scale and speed since its economic take-off began in the 1980s. It has become the world's second largest economy, but pollution has pushed the environment to the limits of its carrying capacity. Chinese Environmental Law provides a comprehensive and structured analysis of the increasingly sophisticated Chinese environmental legal regime. It examines the regulation of pollution in detail, covering key environmental statutes, policies and plans, and investigates judicial innovation in the interpretation and application of environmental legal instruments. The book presents Chinese environmental law in action and in context. By discussing key institutions and processes, readers will understand the operation of the environmental law and policy, the dynamic interactions between state and non-state actors, and the special challenges to the implementation and enforcement of environmental law in the socio-economic and political context of China.
Nearly everyone accepts as gospel two assumptions: compliance with environmental rules is high, and enforcement is responsible for making compliance happen. Both are wrong. In fact, serious violations of environmental regulations are widespread, and by far the most important driver of compliance results is not enforcement but the structure of the rule itself. In Next Generation Compliance, Cynthia Giles shows that well-designed regulations deploying creative strategies to make compliance the default can achieve excellent implementation outcomes. Poorly designed rules that create many opportunities to evade, obfuscate, or ignore will have dismal performance that no amount of enforcement will ever fix. Rampant violations have real consequences: unhealthy air, polluted water, contaminated drinking water, exposure to dangerous chemicals, and unrestrained climate-forcing pollution. They also land hardest on already overburdened communities - that's why Next Gen and environmental justice are tightly linked. The good news is there are tools to build much better compliance into regulations, including many tested strategies that can be the building blocks of programs that withstand the inevitable pressures of real life. Next Generation Compliance shows how regulators can avoid the compliance calamities that plague far too many environmental rules today, a lesson that is particularly urgent for regulations tackling climate change. It has an optimistic message: there are ways to ensure reliable results, if regulators jettison incorrect assumptions and design rules that are resilient to the mess and complexity of the real world.
Local Content and Sustainable Development in Global Energy Markets analyses the topical and contentious issue of the critical intersections between local content requirements (LCRs) and the implementation of sustainable development treaties in global energy markets including Africa, Asia, Europe, North America, Latin America, South America, Australasia and the Middle East While LCRs generally aim to boost domestic value creation and economic growth, inappropriately designed LCRs could produce negative social, human rights and environmental outcomes, and a misalignment of a country's fiscal policies and global sustainable development goals. These unintended outcomes may ultimately serve as disincentive to foreign participation in a country's energy market. This book outlines the guiding principles of a sustainable and rights-based approach - focusing on transparency, accountability, gender justice and other human rights issues - to the design, application and implementation of LCRs in global energy markets to avoid misalignments.
There are many people and places connected to rivers: fishermen whose livelihood depends on river ecosystems, farms that need irrigation, indigenous groups whose cultures rely on fish and flowing waters, cities whose electricity comes from hydroelectric dams, and citizens who seek wild nature. For all of these people, instream flow is vitally important to where and how they live and work. Riverflow reveals the diverse and creative ways people are using the law to restore rivers, from the Columbia, Colorado, Klamath and Sacramento-San Joaquin watersheds in America, to the watersheds of the Tweed in England and Scotland, the Fraser in Canada, the Saru in Japan, the Nile in North Africa, and the Tigris-Euphrates in the Middle East. Riverflow documents that we already have the legal tools to preserve the ecological integrity of our waterways; the question is whether we have the political will to deploy these tools effectively.
'Decision-makers and academics interested in the politics of the Arctic should have this book to hand. It is a fascinating collection of well-researched chapters on the geopolitics, international law and institutions of the Arctic and national Arctic strategies. The authors, drawn from a wide range of backgrounds, cover subjects reflecting their expertise in this superbly edited volume.' - Clive Archer, Advisory Council, Arctic Forum Foundation The Arctic has again become one of the leading issues on the international foreign policy agenda, in a manner unseen since the Cold War. Drawing on the perspectives of geopolitics and international law, this Handbook offers fresh insights and perspectives on the most pressing issues, grouped under the headings of political ascendancy, climate and environmental issues, resources and energy, and the response and policies of affected countries. With the combined expertise of leading scholars in international relations and international law of the Arctic, the book covers key topics such as climate change, energy, indigenous issues, jurisdiction, marine resources, pollution and preparedness, and emergency response. Students, academics, political scientists and international lawyers working on Arctic affairs will find this ground breaking Handbook to be of essential reading. It will also be of interest to other social scientists, such as geographers, sociologists, and anthropologists. Contributors: P. Aalto, A. Bambulyak, N. Bankes, W.A. Berbrick, A. Bergman Rosamond, R.G. Bertelsen, L.-A. Broadhead, R. Churchill, D. Depledge, K. Dodds, N.C. Fabbi, P. Graczyk, A.H. Hoel, G. Honneland, I. Jaakkola, L.C. Jensen, O. Jensen, J.C. Justinussen, E.C.H. Keskitalo, T. Koivurova, P.W. Lackenbauer, M. uszczuk, T.L. McDorman, J. Manicom, E. Mason, T.L. Mcdorman, H.N. Nicol, M. Nuttall, T. Palosaari, D.R. Rothwell, C. Schofield, C. Smits, O.S. Stokke, A.K. Sydnes, M. Sydnes, M. Tennberg, N. Tynkkynen, D.L. Van Der Zwaag, N. Wegge, E. Whitsitt, M. Willis, B. Scott Zellen, K. Zysk
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.
The Routledge Handbook of Energy Law provides a definitive global survey of the discipline of Energy Law, capturing the essential and relevant issues in Energy today. Each chapter is written by a leading expert, and provides a contemporary overview of a significant area within the field. The book is divided into six geographical regions based on continents, with a separate section on Russia, an energy powerhouse that straddles both Europe and Asia. Each section contains highly topical chapters from authors who address a number of core themes in Energy Law and Regulation: * Energy security and the role of markets * Regulating the growth of renewable energy * Regulating shifts in traditional forms of energy * Instruments in regulating disputes in energy * Impact of energy on the environment * Key issues in the future of energy and regulation. Offering an analysis of the full spectrum of current issues in Energy Law, the Routledge Handbook of Energy Law is an essential resource for advanced students, researchers, academics, legal practitioners and industry experts.
This book provides an analysis of the European policy approach to combined heat and power (CHP), a highly efficient technology used by all EU Member States for the needs of generating electricity and heat. European Law on Combined Heat and Power carries out an assessment of the European legal and policy measures on CHP, evaluating how it has changed over the years through progress and decline in specific member states. Over the course of the book, Sokolowski explores all aspects of CHP, examining the types of measures used to steer the growth of cogeneration in the EU and the policies and regulatory tools that have influenced its development. He also assesses the specific role of CHP in the liberalisation of the internal energy market and EU action on climate and sustainability. Finally, by delivering his notions of "cogenatives", "cogenmunities", or "Micro-Collective-Flexible-Smart-High-Efficiency cogeneration", Sokolowski considers how the new EU energy package - "Clean energy for all Europeans" - will shape future developments. This book will be of great interest to students and scholars of energy law and regulation, combined heat and power and energy efficiency, as well as policy makers and energy experts working in the CHP sector.
At the end of 2018 the EU agreed a wholesale overhaul of EU electricity laws with the 'Gas Market Design' package. The aim is to bring EU electricity law up to date, taking account of its aim to become completely decarbonised by 2050, and to deal with the rapidly increasing level of intermittent renewable electricity in the network. The share of electricity produced by renewable energy sources is expected to grow to more than 50% in 2030. With this in mind, the electricity market framework has been modernised to deal with intermittency, with new provisions on storage, capacity mechanisms (introducing a new emissions limit for power plants eligible to receive subsidies) and demand response. In addition, the role of consumers in the future electricity market has been re-thought, providing the right incentives for consumers to become more active and to contribute to keeping the electricity system stable, as well as new consumer rights. In order to increase the resilience of the EU electricity system, each EU country is in the future required to define Risk Preparedness plans to be ready to respond to unexpected situations, working closely with neighbouring member states. The new rules will be supported by a stronger role for the ACER Agency, which coordinates work among national energy regulators, providing additional powers and responsibilities, and thus ensuring that decisions are taken for making best use of an integrated EU energy market to the benefit of all EU citizens. This new volume, written by all the key Commission officials responsible for drafting, negotiating and now implementing this major new piece of legislation is essential reading for all those involved in the regulation and development of Europe's electricity industry.
Examining local content law and policy in the oil and gas industry, this book uses Nigeria as a primary case study, comparing its approach to countries such as Brazil and Norway which have also adopted local content laws in relation to their gas and oil industries. In considering various aspects of local content law and policy as they apply to the oil and gas industry, the book examines the factors behind the formulation of local content policies by petroleum producing states, and the various strategies they have employed to implement them. It analyses arguments against local content requirements from the perspective of international trade and investment law, and from liberal market economic theorists, who argue against its overall usefulness. The book highlights salient aspects of the oil and gas industry such as regulation, national oil companies, treatment of minorities, and policy formulation and implementation.
International energy law is an elusive but important concept. There is no body of law called 'international energy law', nor is there any universally accepted definition for it, yet many specialized areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes.Adopting a practical approach, the Handbook traces the wide and somewhat informal notion of international energy law and covers the latest developments in the field. The expert contributors offer original research and analysis on pertinent topics such as energy investment, international energy disputes and energy trade. In addition to examining public international law issues and their application to energy activities, the Handbook also includes studies focused on private contractual arrangements and provides an angle on the human rights aspects of energy. This book will be a valuable tool for the expert audience - both academics and practitioners - and will provide students and early career practicing lawyers with a good understanding of what 'international energy law' really means. Contributors: R.J. Battaglia, A.V. Belyi, P. Cameron, M. Galligan, A.M.-Z. Gao, T.P.Gormley, K. Hober, L. Holt, S. de Jong, A. Konoplyanik, L.A. Low, R. Maalouf, T. Martin, M. Naseem, S. Naseem, Y. Omorogbe, S.-L. Penttinen, P. Roberts, A. Sabater, S.W. Schill, Y. Selivanova, I.A. Siddiky, M. Stadnyk, K. Talus, R.P. Tscherning, A. Wawryk, J. Wouters, K. Yafimava
This is the first book to focus on the law and practice relating to offshore oil and gas floating production. It deals with all legal and commercial risk management issues from initial concept through design, construction, modification, installation, acceptance, production and offloading, including ancillary legal topics; JV/consortiums, financing, insurance, decommissioning and intellectual property. Floating production projects are a popular method of achieving offshore oil and gas production, utilising vessels sitting over the offshore reservoir, receiving well fluids which are then processed, stored and offloaded to tankers. They operate in deep water, harsh conditions and marginal fields, and may be redeployed once the reservoir is depleted. There are numerous legal issues which arise in the context of floating production due to its specific characteristics, presenting a unique combination of challenges with the attendant risks and potential liabilities. This book analyses these risks and liabilities and considers how they may be allocated between the parties, how the consequences are avoided or mitigated and how disputes are in practice resolved. It illustrates these issues and competing legal arguments by focusing on each stage of the relationship between the oil and gas company and a specialist floating production contractor. The book will be of special interest to project managers and in-house lawyers at oil companies, offshore contractors, design consultants, construction companies, suppliers, vessel operators, banks, insurers and investors. It will also be of particular use to private practice lawyers in all jurisdictions where these projects occur; because contracts used in this industry are often written under English law,and contracts which are governed by local law follow a similar pattern.
Over the last thirty years, the European Union has created a system of environmental governance in Europe. With a large number of legislative measures, the EU's environmental policy is broad in scope, extensive in detail and often stringent in effect. Environmental governance also extends to the ways in which decision making on environmental policy has become institutionalized within Europe, both at the level of the EU itself and in the practices of the member states. This work seeks to understand this new system of environmental governance both at the European level and at the level of member states. It argues that the system is multi-level, horizontally complex, evolving and incomplete. Locating developments at the European level in theories of European integration, it goes on to examine the extent of convergence and divergence in environmental policy among six member states: Germany, Spain, Greece, Italy, the Netherlands, and the UK. It then looks at the operation of the system of environmental governance through an examination of policy case studies before examining the wider political significance of these developments.
This book explores a disciplinary matrix for the study of the law and governance concerning mining and minerals from a global perspective. The book considers the key challenges of achieving the goals of Agenda 2030 and the transition to low-carbon circular economies. The perspective encompasses the multi-faceted and highly complex interaction of multiple fields of international law and policy, soft law and standards, domestic laws and regulations as well as local levels of ordering of social relations. What emerges is a largely neglected, unsystematised and under-theorised field of study which lies at the intersection of the global economy, environmental sustainability, human rights and social equity. But it also underlies the many loopholes to address at all levels, most notably at the local level - land and land holders, artisanal miners, ecosystems, local economies, local linkages and development. The book calls for a truly cosmopolitan academic discipline to be built and identifies challenges to do so. It also sets a research agenda for further studies in this fast-changing field.
Water is a basic human need, and despite predictions of "water wars," shared waters have proven to be the natural resource with the greatest potential for interstate cooperation and local confidence building. Indeed, water management plays a singularly important role in rebuilding trust after conflict and in preventing a return to conflict. Featuring nineteen case studies and analyses of experiences from twenty eight countries and territories in Africa, Asia, Europe, the Americas, and the Middle East, and drawing on the experiences of thirty-five researchers and practitioners from around the world, this book creates a framework for understanding how decisions governing water resources in post-conflict settings can facilitate or undermine peacebuilding. The lessons will be of value to practitioners in international development and humanitarian initiatives, policy makers, students, and others interested in post-conflict peacebuilding and the nexus between water management and conflict. Water and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in this series address high-value resources, land, livelihoods, assessing and restoring natural resources, and governance.
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:
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.
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 volume presents the first comprehensive examination of the legal issues surrounding international debt recovery on claims against Iraqi oil and gas. In addition to presenting a snapshot view of Iraq's outstanding debt obligations and an analysis of the significance of the theory of odious debt in the context of the Iraqi situation, the list of legal issues examined includes relevant provisions of the Iraqi Constitution of 2005, controlling Security Council resolutions, pertinent articles of the KRG oil and gas law (No. 22) of 2007 and the many nuanced and technical questions raised thereby, legal pronouncements aimed at protecting Iraqi oil and gas and those adopted in selected other nations, and general problems associated with recognition and enforcement of awards or judgments that may involve such oil and gas or revenues from the sale thereof. Also discussed are the lessons learned by the handling of the Iraq debt experience and the transferability of those lessons to future situations.
This book is the first and only comprehensive examination of current and future legal principles designed to govern oil and gas activity in Iraq. This study provides a thorough-going review of every conceivable angle on Iraqi oil and gas law, from relevant provisions of the Iraqi Constitution of 2005; to legislative measures comprising the oil and gas framework law, the revenue sharing law, and the laws to reconstitute the Iraq National Oil Company and reorganize the Ministry of Oil; to the Kurdistan Regional Government's 2007 Oil and Gas Law No. (22) and its accompanying Model Production Sharing Contract; and to the apposite rules of international law distilled from both controlling UN resolutions addressing Iraq and more generally applicable principles of international law. This text is essential to the reading collection of every practitioner, business executive, government official, academic, public policy maven, and individual citizen with an interest in the details and controversial aspects of Iraqi energy law. |
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