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.

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.

Climate change governance is in a state of enormous flux. New and more dynamic forms of governing are appearing around the international climate regime centred on the United Nations Framework Convention on Climate Change (UNFCCC). They appear to be emerging spontaneously from the bottom up, producing a more dispersed pattern of governing, which Nobel Laureate Elinor Ostrom famously described as 'polycentric'. This book brings together contributions from some of the world's foremost experts to provide the first systematic test of the ability of polycentric thinking to explain and enhance societal attempts to govern climate change. It is ideal for researchers in public policy, international relations, environmental science, environmental management, politics, law and public administration. It will also be useful on advanced courses in climate policy and governance, and for practitioners seeking incisive summaries of developments in particular sub-areas and sectors. This title is also available as Open Access on Cambridge Core.

Minerals and mining are key to the world economy. The mining and processing of minerals are major sources of income and employment in many countries and minerals are used to make many essential goods that people and economies require worldwide. This practical title outlines in a single volume the essential principles involved in the life of a mining project, from preliminary agreements, to the sale and purchase of minerals, and the decommissioning of mining assets. It is intended as a practical guide for anyone seeking a better understanding of key commercial and legal principles and documentation involved in finding and developing a mining project. co-edited by Canadian law firm Cassels Brock & Blackwell's Darrell Podowski, a highly-ranked expert in mining law, and Jennifer Poirier, organiser of Canadian-based mining association, the Young Mining Professionals, this practical title features contributions from leading practitioners around the world. Whether you are a lawyer in private practice or in industry, a commercial negotiator or from a financial institution or mineral resource or mining-sector advisory practice, this title will provide a comprehensive insight into minerals and mining transactions.

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."

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.

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.

'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

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

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.

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.

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:

• 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.