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

The petroleum industry is highly specialised. Over the centuries, it has developed a large number of standard petroleum arrangements and contracts that are not familiar to all across the industry - and even less to the outside world. Each has its own detailed terms and provisions. This major work uniquely combines an encyclopaedia with commentary for the entire chain of petroleum activities. The second volume deals exclusively with midstream and downstream activities. The topics it covers include energy policies; the relevant players in the sector - from governmental authorities to national oil companies; gas storage; the regulatory and contractual frameworks governing gas and sales agreements; liquefied natural gas; pipelines; distribution networks; refineries; trading and gas stations. The book also discusses concerns and regulations regarding the environment and taxation. This approach enables all those involved in the petroleum industry to master the necessary legal terms in one publication. Both volumes feature chapters by leading experts across the globe in order to provide the best industry practices and standards. The encyclopaedia will serve as a valuable tool for lawyers, industry professionals, consultants, academics, engineers and geologists who are interested in understanding the key legal terms and provisions of the oil and gas industry.

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.

Minerals and mining are key to the world economy. The mining and processing of minerals are major sources of income and employment in some states. Minerals are used to make goods, materials and energy which are essential to people and economies worldwide. The exploration and exploitation of minerals, and related technical, commercial and legal matters, are continuously developing. They are affected by scientific and technological advances, and by increasing legal and other requirements. Such requirements relate to health, safety, the environment, climate change and social responsibility, and to a balanced distribution of risks, costs and benefits between mining companies, public authorities and local communities. This practical handbook describes the main regulations and agreements on minerals and mining activities in a number of significant mining nations. Each chapter - written by leading professionals in the field, including from Allen & Overy, SNR Denton and Webber Wentzel - covers the same topics for ease of reference. Topics featured include international and national regulations and agreements on minerals and mining; legal instruments such as licences, concessions, production sharing agreements and mining development agreements; mining projects and related agreements and financing; mining management and operating agreements; sale and purchase of mining assets; mineral trading; environmental protection and liability; social responsibility; taxation and government take. Minerals and Mining: A Practical Global Guide provides a practical insight into the regulations and agreements on minerals and mining for practitioners in the field, including lawyers, commercial managers, advisers, engineers and financiers.

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 new title, which provides a practical, user-friendly overview of the essentials of dispute resolution in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the drafting of dispute resolution clauses, the effective use of international arbitration, the management of large-scale energy disputes, and the development of case law in oil and gas disputes, construction disputes, environmental disputes and disputes arising in the nuclear sector. Edited by Ronnie King, head of the arbitration team at international law firm Ashurst LLP, this title will be of practical value for all dispute resolution lawyers advising in the energy industry, and for others who have an interest in the important issues discussed.

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.

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

This book provides you with practical advice and brings you:

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

This book examines the spectrum of risks posed to the development, financing, construction and operation of trans-boundary energy infrastructure and the tools that may be deployed to manage these risks. The book begins by examining trends in trans-boundary energy infrastructure and the nature of the risks - non-technical, technical and financing - which infrastructure development projects and existing operations must anticipate and manage. Individual categories of intergovernmental and host government risk will be viewed from the perspectives of leading international experts. These risks, and the tools applied to manage them, will also be viewed from the different viewpoints of the state and private sector counterparties, lenders, affected communities and other interested third parties, such as indigenous communities, individual landowners and the non-governmental organisations that typically represent their interests. Against a backdrop of global energy supply/demand dislocations, fragility in the global financial markets, increasing awareness of the impact of projects on individuals, communities and the environment (especially in the wake of the recent BP disaster in the Gulf of Mexico), and medium to longer-term concerns about security of supply and climate change, it is increasingly clear that the bandwidth of risks which infrastructure developers, operators and their advisers now need to be aware of is becoming much broader.

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.

Marine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework. Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.

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

Since the beginnings of the oil industry, production activity has been governed by the 'law of capture, ' dictating that one owns the oil recovered from one's property even if it has migrated from under neighboring land. This 'finders keepers' principle has been excoriated by foreign critics as a 'law of the jungle' and identified by American commentators as the root cause of the enormous waste of oil and gas resulting from US production methods in the first half of the twentieth century. Yet while in almost every other country the law of capture is today of marginal significance, it continues in full vigour in the United States, with potentially wasteful results.

In this richly documented account, Terence Daintith adopts a historical and comparative perspective to show how legal rules, technical knowledge (or the lack of it) and political ideas combined to shape attitudes and behavior in the business of oil production, leading to the original adoption of the law of capture, its consolidation in the United States, and its marginalization elsewhere.

The EU's gas market is at the very centre of the energy union, and is changing faster than ever before. Indeed, the European Council has stressed repeatedly the EU's priority of ensuring its gas security, promoting liquid and competitive gas markets across the whole of the EU. The commission has already proposed a revision to the gas security of supply regulation and negotiations are close to finalisation. Earlier this year, the Commission published an 'LNG Strategy'. In terms of market integration, the progressive adoption of grid codes is further integrating markets, and the emergence of active trading hubs in North West Europe, is seeing the emergence of similar liquid markets throughout the EU. The EU has also been actively pursuing its aim of diversifying its sources of gas supplies, making progress in bringing the southern corridor to fruition, and is actively looking at other potential suppliers, for example in the Eastern Mediterranean. And in the competition policy field the commission has equally been active, scrutinising the behaviour in particular of companies holding dominant positions in parts of the EU. This volume, introduced by EU Energy Commissioner Miguel Arias Canete, brings together commentary and analysis by some of the leading commission officials, lawyers, and industry figures on all of these issues, offering a comprehensive overview of the challenges faced by the EU, its response, and the future direction of EU gas policy. 'The Role of Gas in the EU's Energy Union', edited by Christopher Jones, Deputy Director-General of the Directorate General for Energy at the European Commission, is the result of collaboration between its authors to contribute to the debate in this area and to raise money for charitable causes. 100 Euros per copy will be donated to the Donna Louise Trust, a children's charitable hospice that provides comfort and assistance to children with life-limiting conditions as well as their families.

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
United States Water Law: An Introduction is a concise overview of law and policy related to U.S. water rights and regulation of water quantity and quality. This wide-ranging book reviews the two major systems used to determine rights in the western and eastern states. It explores these different systems, which are based on the divergent factors affecting the two regions the immense amount of government-owned property and arid conditions in the west, and ownership of riparian land in the east. The author also covers western states that adhere to the "hybrid" system, which recognizes early riparian rights predating adoption of later appropriation systems, and he explains that most states recognize at least some riparian rights to the use of surface water. Special sections detail regulatory considerations such as Native American rights, environmental regulation, nuisance and tort law, and social theory.

Tools to Aid Further Research
To elucidate basic principles and differences in water law, this book contains Internet links to state water codes and contact information for regulatory agencies that handle applications. It presents key federal case law and statutes and other features to reinforce the material. For law practitioners and environmentalists to property/business owners acquiring or retaining water rights, this is the ideal primer on water law, with numerous tools to aid in 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."

Guaranteeing energy security is one of the most complex challenges of energy law and policy. Energy insecurity threatens economic development, social peace and stability. This book focuses on energy security in the strategically important region of Central Asia. The region holds huge energy reserves, but its energy systems are highly inefficient and unreliable, and thus require urgent reform. However, endemic corruption, discrimination and the strong centralization of power have so far blocked initiatives to reorganize energy supply. The case of Central Asia is uniquely relevant for understanding the informal constraints on energy law and policy. In addition, Central Asian energy insecurity illustrates the impact of geopolitics on the regulation of energy markets. The region is strategically located in Russia's sphere of influence and along China's New Silk Road. Its energy situation highlights the complex interactions amongst energy law, geopolitics and institutions.

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

What are the component parts of successful energy law and policy for nuclear energy in the 21st century? Nuclear power has been a part of energy policies of many countries across the world since its emergence as an electricity provider after the Second World War. Nuclear energy is a low carbon energy source and therefore can contribute to reducing the effects of climate change. However, it is also faced with issues of high cost, risk and waste disposal. Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the United States, and the United Kingdom, this book focuses on the development and formulation of energy law and policy in civil nuclear energy in the EU, the US and beyond. Heffron deconstructs the constituent parts of effective energy law and policy within the complex and often controversial energy industry. Pulling out what has and what has not worked, he suggests ways to improve the delivery of the central aims of law and policy.

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.

In Environmental Law and Economics, Michael G. Faure and Roy A. Partain provide a detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers. The authors demonstrate how this approach can transcend political divisions in the context of international environmental law, environmental criminal law, and the property rights approach to environmental law. Private law solutions and public regulatory approaches are also explored, including traditional command-and-control and market-based forms of regulation. The book not only shows how the law-and-economics framework can be used to protect the environment, but also to examine deeper questions involving environmental federalism and the effectiveness of environmental law in developing economies. In clear, digestible prose that does not require readers to possess a background in microeconomics or mathematics, the authors introduce the theory and practice of environmental law and economics that have been so critical in the creation of robust environmental policy.

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.

This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.

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.