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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources 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.
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.
Energy transitions are fundamental to achieving a zero-carbon economy. This book explains the urgently needed transition in energy systems from the perspective of the global political economy. It develops an historical, global, political and ecological account of key features of energy transitions: from their production and financing, to how they are governed and mobilised. Informed by direct engagement in projects of energy transition, the book provides an accessible account of the real-world dilemmas in accelerating transitions to a low carbon economy. As well as changes to technology, markets, institutions and behaviours, Power Shift shows that shifts in power relations between and within countries, and across social groups and political actors, are required if the world is to move onto a more sustainable path. Using contemporary and historical case studies to explore energy transitions, it will be of interest to students and researchers across disciplines, policymakers and activists.
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.
Cross-border pipelines provide a relatively safe but economic tool for transportation of large quantities of oil and gas across international borders. Nowadays the international oil and gas pipeline network is expanding millions of kilometers worldwide. Meanwhile, just like any other industrial activities, pipelines cannot be kept completely safe from accidents. In the case of crossborder pipelines, unless appropriate measures have been taken by the parties involved for the prevention of such accident, the risks of such accidents are greater since control and monitoring are shared and it is more difficult to attribute blame for any transboundary damage.This book addresses the impact and application of various policy instruments and regulation at the international level, which may be considered as an appropriate instrument to guarantee the safety of cross-border oil and gas pipelines. Furthermore, this book addresses the issue of international responsibility for significant damage which may be caused by the cross-border pipelines, with an emphasis on the roles of states. The author provides answers to questions such as: What are the potential harms associated with cross-border oil and gas pipelines? What is the international legal regime applicable to cross-border pipelines? What are measures used to prevent and reduce damage which may be caused by crossborder pipelines? Is the current international legal regime applicable to crossborder and cross-country pipelines designed in such a way that it enables an effective prevention of trans-boundary damage? Under which conditions can states be held responsible for trans-boundary damage caused by pipelines?An economic analysis of safety and environmental regulation in relation to cross-border oil and gas pipelines in providing actors with adequate incentive to internalize pollution cost complements the book. Moreover, a detailed study of provisions of international and regional instruments in prevention of transboundary damage and compensation of such damage caused by crossborder pipelines will be provided. As a result this book contains the latest update of international and regional instruments with respect to prevention and compensation of transboundary damage caused by pipelines.
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.
This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. This book focuses on the EU ETS, the European Union Emissions Trading Scheme, backbone of the European Union strategy to combat climate change, and its industry competitiveness implications. In the light of the discussion of the revision for the coming years, it aims to provide a toolbox of key elements to understand its functioning and to reflect on crucial improvements. Specifically, besides a general overview of the first phases of the scheme and current difficulties, the book aims to (i) deploy an energy-intensive, sector-level analysis, with both reference to academic literature (ex ante and ex post studies, paying special attention to the underlying assumptions) and stakeholders positions on the carbon leakage issue; (ii) present an overview of the existing ETS policy measures and worldwide experiences; (iii) reflect on the ongoing reform for the post-2020 period, starting from the European Commission's proposal and entering the technical and political debate taking place within the European institutions. "The EU ETS and the European industry competitiveness" provides the reader with a full understanding of the system, presenting problems, policy options, design aspects and global insights. It aims to identify potential improvements and to draw lessons for the coming years and the future phases, assessing if the current reform is actually on track to adequately protect business competitiveness.
This innovative book models pollution mitigation as a negative externality whilst also providing desirable and useful solutions, such as establishing the triangular equivalence relationship among the Lindahl equilibrium without transfers, the Nash bargaining solution with the payoffs of the Cournot-Nash equilibrium as the status quo point, and the social optimum under the Lindahl weights. By introducing programming algorithms to validate these relationships numerically, Zili Yang bridges the gap between analytical results and empirical modelling, ultimately solving the Lindahl equilibrium and hybrid Nash equilibria in the influential RICE model. This text demonstrates the complexity and variety of environment externality problems, ranging from mixed externality to correlated externalities to environmental externality under IRS and policy applications. Integrating theory, algorithms and applications in a comprehensive framework, The Environment and Externality will benefit scholars and students working across environmental, resource and climate change economics.
This innovative book models pollution mitigation as a negative externality whilst also providing desirable and useful solutions, such as establishing the triangular equivalence relationship among the Lindahl equilibrium without transfers, the Nash bargaining solution with the payoffs of the Cournot-Nash equilibrium as the status quo point, and the social optimum under the Lindahl weights. By introducing programming algorithms to validate these relationships numerically, Zili Yang bridges the gap between analytical results and empirical modelling, ultimately solving the Lindahl equilibrium and hybrid Nash equilibria in the influential RICE model. This text demonstrates the complexity and variety of environment externality problems, ranging from mixed externality to correlated externalities to environmental externality under IRS and policy applications. Integrating theory, algorithms and applications in a comprehensive framework, The Environment and Externality will benefit scholars and students working across environmental, resource and climate change economics.
Global climate solutions depend on low-carbon energy transitions in developing countries, but little is known about how those will unfold. Examining the transitions of Brazil and South Africa, Hochstetler reveals how choices about wind and solar power respond to four different constellations of interests and institutions, or four simultaneous political economies of energy transition. The political economy of climate change set Brazil and South Africa on different tracks, with South Africa's coal-based electricity system fighting against an existential threat. Since deforestation dominates Brazil's climate emissions, climate concerns were secondary there for electricity planning. Both saw significant mobilization around industrial policy and cost and consumption issues, showing the importance of economic considerations for electricity choices in emerging economies. Host communities resisted Brazilian wind power, but accepted other forms. Hochstetler argues that national energy transition finally depends on the intersection of these political economies, with South Africa illustrating a politicized transition mode and Brazil presenting a bureaucracy-dominant one.
Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional Fisheries Management Organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.
This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.
This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Recent developments both in Turkey and its immediate neighbourhood have brought into sharp focus Turkey's pivotal role in a region that has become increasingly challenging to the EU. These developments, for example, have prompted Ankara to declare more of an independent course of action both domestically and regionally and hasten into a detente with Russia. As a result, considerations of Turkey's European future have been eclipsed by concerns about Ankara's preference to aspire to being an independent regional power. Along with those about Turkey's orientation, time-honored existential questions are being raised again: Is Turkey a border, a buffer, or a bridge between the EU and the Middle East? This book moves beyond the 'identity' debate between Turkey and the EU, and offers a guide at this critical time for drawing lessons from a rigorous examination of divergence and convergence between the EU and Turkey in three significant policy areas. The result of a focused research project conducted by a team of international policy experts from the Central European University (Budapest) and Sabanci University (Istanbul), the studies included in this volume suggest alternative scenarios regarding how Turkey and the EU might jointly develop effective energy, transport, and competition policies, regardless of Turkey's EU candidacy status. These studies show how geo-strategic realities ultimately require Turkey to cooperate with the EU on a number of policy issues, despite Ankara's rhetoric to the contrary. Turkey's role as an energy supplier to the EU has never been dropped from Ankara's policy agenda. More recently, the Turkish government has been announcing how its investments in the third bridge across the Bosporus would help to release untapped potential of land-based trade between Europe and Asia. Regardless of the current divergence of political visions, Turkey's policy aims, at least in the three policy areas examined, foresee coordination, if not cooperation, with the EU.
'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
Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional fisheries management organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.
There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.
Cross-border trade in electricity is rapidly expanding as a result of technical innovations, economic and geopolitical developments, and the ongoing decarbonisation of the electricity sector in response to climate change. The expansion of electricity networks and the integration of increasing shares of renewable energy (RE) electricity into the grid have made long-distance electricity flows both feasible and desirable. Drawing on the work of experts in trade and energy law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international trade in electricity, this book examines the most important challenges - technical, economic, legal and policy-related - posed by long-distance and sustainable electricity trade. The book explores the regulatory implications of the policy instruments aimed at supporting RE electricity and considers how best to promote greater overall coherence in international electricity governance.
The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed contribution to contemporary understanding of this topic.
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.
Conversations about energy law and policy are paramount, undergoing new scrutiny and characterizations. Energy Follies: Missteps, Fiascos, and Successes of America's Energy Policy explores how a century of energy policies, rather than solving our energy problems, often made them worse; how Congress and other federal agencies grappled with remedying seemingly myopic past decisions. Sam Kalen and Robert R. Nordhaus investigate how misguided or naive energy policy decisions caused or contributed to past energy crises, and how it took years to unwind their effects. This work recounts the decades-long struggles to move to market supply and pricing policies for oil and natural gas in order to make competition work in the electric power industry and to tame emissions from the coal fleet left to us by the 1970s coal policies. These historic policies continue to present struggles, and this book reflects on how future challenges ought to learn from our past mistakes.
Fossil fuel subsidies strain public budgets, and contribute to climate change and local air pollution. Despite widespread agreement among experts about the benefits of reforming fossil fuel subsidies, repeated international commitments to eliminate them, and valiant efforts by some countries to reform them, they continue to persist. This book helps explain this conundrum, by exploring the politics of fossil fuel subsidies and their reform. Bringing together scholars and practitioners, the book offers new case studies both from countries that have undertaken subsidy reform, and those that have yet to do so. It explores the roles of various intergovernmental and non-governmental institutions in promoting fossil fuel subsidy reform at the international level, as well as conceptual aspects of fossil fuel subsidies. This is essential reading for researchers and practitioners, and students of political science, international relations, law, public policy, and environmental studies. This title is also available as Open Access.
Global climate change is a topic of continuously growing interest. As more international treaties come into force, media coverage has increased and many universities are now starting to conduct courses specifically on climate change laws and policies. This textbook provides a survey of the international law on climate change, explaining how significant international agreements have sought to promote compliance with general norms of international law. Benoit Mayer provides an account of the rules agreed upon through lengthy negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) and multiple other forums on mitigation, geoengineering, adaptation, loss and damage, and international support. The International Law on Climate Change is suitable for undergraduate and graduate students studying climate, environmental or international law. It is supported by a suite of online resources, available at www.internationalclimatelaw.com, featuring regularly updated lists of complementary materials, weblinks and regular updates for each chapter. |
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