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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources law
For decades, a post-Cold War narrative heralded a 'new Arctic', with melting ice and snow and accessible resources that would build sustainable communities. Today, large parts of the Arctic are still trapped in the path dependencies of past resource extraction. At the same time, the impetus for green transitions and a 'new industrialism' spell opportunities to shift the development model and build new futures for Arctic residents and Indigenous peoples. This book examines the growing Arctic resource dilemma. It explores the 'new extractivist paradigm' that posits transitioning the region's long-standing role of delivering minerals, fossil energy, and marine resources to one providing rare earth elements, renewable power, wilderness tourism, and scientific knowledge about climate change. With chapters from a global, interdisciplinary team of researchers, new opportunities and their implications for Arctic communities and landscapes are discussed, alongside the pressures and uncertainties in a region under geopolitical and environmental stress.
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.
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.
Oil, an integral part of the contemporary global economy, is considered a driving force behind the 2003 invasion of Iraq. Hydrocarbon reserves in Iraq have a significant role to play in global supply, with oil revenue accounting for more than 90% of Iraqi government income. This book provides a comprehensive insight into the key foundations of Iraq's oil industry and assists in the development of a core area of domestic law to promote economic recovery following years of instability. It addresses the development of oil legislation and the formation of contracts since the US and allied occupation of Iraq in 2003. Legislation is assessed against the framework of the constitution along with the different types of oil agreements and their terms. The book looks at three main aspects of oil legislation, beginning with the validity and interpretation of the constitution as any subsequent legislation governing oil policy will be based upon this. The work then discusses whether the draft oil and gas law of 2007 and any subsequent oil legislation, including the law implemented by the Kurdish Regional Government in 2007, is valid. Finally, the book analyses the legitimacy of oil agreements entered into by the central and regional governments and whether these contain terms beneficial to the state and contracting party. Providing an in-depth analysis of the origins and development of the legal framework of the oil industry in Iraq, the book acts as both a reference source and a springboard for future research across a range of legal, economic and policy perspectives. It will appeal to practitioners and academics working in energy law and international investment law, as well as policy-makers, legal advisors and those working in governments and energy companies.
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
The aim of this short text is simply to introduce a reader to this topic. It is intended for a global audience and rather than being restricted to potential energy law students of a particular country. It is also written for students of other disciplines such as geographers, social scientists and engineers. It should also be engaging to those in a variety of professional practices who want an accessible background to and overview of the subject. The first edition of Energy Law: An Introduction was a great success and this extended second edition is expected to be just as successful. It is used widely as a core text in energy law courses across the world and this second issue adds further discussion on important topics such as energy law principles and drivers. Further, it highlights issues of energy justice, a growing and an emergent topic which is also at the core of the energy law principles and the key drivers of why new energy law is formulated. The text aims to outline the principles and central logic behind energy law. Therefore, readers from across the world should be able to use it as a guide to thinking about energy law in their own countries. A variety of examples from many different countries are included in the text and while examples and comparisons are mainly from the EU and US, they represent good examples of more advanced and innovative energy law. For those readers who seek further or more in-depth knowledge, this text will only serve as an introduction. However, a key focus of the book is to direct the reader where they to look for further information and within the book there are suggested extra readings, the key recommended journals to read and other sources of information based on institutions who publish further material in this area. Overall this second edition of Energy Law: An Introduction aims to inspire students and others to contribute to try and improve energy law across the world and enable us all to contribute in our own small way to delivering a just and sustainable energy world for future generations.
Speaking to today's flourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh re-assessment of the varied American interactions of 'common law', the stuff of courtrooms, and 'natural law', a law built on human reason, nature, and the mind or will of God. It offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history. With consequences for today's natural-law proponents and critics alike, it explores the thought of the Puritans, Revolutionary Americans, and seminal legal figures including William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists.
When do local communities benefit from natural resource extraction? In some regions of natural resource extraction, firms provide goods and services to local communities, but in others, protest may occur, leading to government regulatory or repressive intervention. Mines, Communities, and States explores these outcomes in Africa, where natural resource extraction is a particularly important source of revenue for states with otherwise limited capacity. Blending a mixture of methodological approaches, including formal modelling, structured case comparison, and quantitative geo-spatial empirical analysis, it argues that local populations are important actors in extractive regions because they have the potential to impose political and economic costs on the state as well as the extractive firm. Jessica Steinberg argues that governments, in turn, must assess the economic benefits of extraction and the value of political support in the region, and make a calculation about how to manage trade-offs that might arise between these alternatives.
In a world of growing environmental risks and ecological scarcities, ensuring a safe Anthropocene for humankind is essential. Managing an increasingly "fragile" planet requires new thinking on markets, institutions and governance built on five principles: ending the underpricing of nature, fostering collective action, accepting absolute limits, attaining sustainability, and promoting inclusivity. Rethinking economics and policies in this way can help to overcome the global challenges posed by climate change, biodiversity loss, freshwater scarcity, and deteriorating marine and coastal habitats. It requires decoupling wealth creation from environmental degradation through business, policy and financial actions aimed at better stewardship of the biosphere. In this book, renowned environmental economist Edward Barbier offers a blueprint for a greener and more inclusive economy, and outlines the steps we must take now to build a post-COVID world that limits environmental threats while sustaining per capita welfare.
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.
What kind of decision-making should multinationals engage in to create a sustainable company? There is substantial debate over why CEOs, senior management and Boards of Directors make the wrong decisions by not asking the right questions, with the result that not only is the company itself damaged, but all of the stakeholders find themselves at a detriment. Focusing on innovation, technology transfer and the use of intangible assets, Energy Law and the Sustainable Company features case studies from the oil and gas sector, to illustrate how to develop a sustainable business. Considering corporate social responsibility from the perspective of international and national law, the book demonstrates how companies can be both profitable and ethical using the influences of psychology to encourage senior decision makers to make the right decisions. It was revealed that reputation was the main principle influencing decision-making. The book also discusses how companies have reported on their sustainability strategy and considers how technology transfer and intangible assets may play a part in addressing global sustainability. This book should be invaluable reading to students and scholars of Sustainable Business, Business Law, Corporate Social Responsibility, Environmental and Energy Law as well as Environmental and Energy Management.
Initially created as afterthoughts to competitive electricity markets, capacity markets were intended to enhance system reliability. They have evolved into massive, highly controversial, and poorly understood billion-dollar institutions. Electricity Capacity Markets examines the rationales for creating capacity markets, how capacity markets work, and how well these markets are meeting their objectives. This book will appeal to energy experts and non-experts alike, across a range of disciplines, including economics, business, engineering, public policy, and law. Capacity markets are an important and provocative topic on their own, but they also offer an interesting case study of how well our energy systems are meeting the needs of our increasingly complex society. The challenges facing capacity markets - harnessing market forces for social good, creating networks that manage complexity, and achieving sustainability - are very much core challenges for our twenty-first century advanced industrial society.
Initially created as afterthoughts to competitive electricity markets, capacity markets were intended to enhance system reliability. They have evolved into massive, highly controversial, and poorly understood billion-dollar institutions. Electricity Capacity Markets examines the rationales for creating capacity markets, how capacity markets work, and how well these markets are meeting their objectives. This book will appeal to energy experts and non-experts alike, across a range of disciplines, including economics, business, engineering, public policy, and law. Capacity markets are an important and provocative topic on their own, but they also offer an interesting case study of how well our energy systems are meeting the needs of our increasingly complex society. The challenges facing capacity markets - harnessing market forces for social good, creating networks that manage complexity, and achieving sustainability - are very much core challenges for our twenty-first century advanced industrial society.
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.
Common Pool Resources include, for instance, fishing grounds, irrigation systems, forests and the atmosphere. Now more than ever, how we responsibly share and use those goods is a vital issue. This textbook introduces students of economics, business and policy studies to the key issues in the field. It uses a game-theory approach to help readers understand the mathematical representation of how to find equilibrium behavior in CPRs, how to identify the socially optimal appropriation, and how to measure the inefficiencies that arise. Algebra and calculus steps are clearly explained, so students can more easily reproduce the analysis and apply it in their own research. Finally, the book also summarizes experimental studies that tested theoretical results in controlled environments, introducing readers to a literature that has expanded over the last decades, and provides references for further reading.
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.
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.
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
We hear about pieces of ice the size of continents breaking off of Antarctica, rapidly melting glaciers in the Himalayas, and ice sheets in the Arctic crumbling to the sea, but does it really matter? Will melting glaciers change our lives? Absolutely. Glaciers are built and destroyed during ice ages and interglacial periods. These massive ice bodies hold three quarters of our freshwater, yet we don't have laws to protect them from climate change. When they melt, they increase sea levels, alter the Earth's reflectivity, wreak havoc for ocean and air currents, destabilize global ecosystems, warm our climate, and bring on floods that swamp millions of acres of coastal land. The critical ecological role they play to keep our global climate stable, and the environmental functions they provide, wither. And, as climate change warms glacier cores, collapsing glacier ice triggers tsunamis that send deadly massive ice blocks, rocks, earth, and billions of liters of water rushing down mountain valleys. It has happened before in the Himalayas, the Central Andes, the Rockies and Western Cascades, and the European Alps, and it will happen again. In his new book Meltdown, Jorge Daniel Taillant takes readers deeper into the cryosphere, connecting the dots between climate change, glacier melt, and the impacts that receding glacier ice brings to livability on Earth, to our environments, and to our communities. Taillant walks us through the little-known realm of the periglacial environment, a world of invisible subsurface rock glaciers that will outlive exposed glaciers as climate change destroys surface ice. He also looks at actions that can help stop climate change and save glaciers, exploring how society, politics, and our leaders have responded to address the global COVID-19 pandemic and yet largely continue to fail to address the even larger-looming and escalating-crisis of climate change. Our climate is deteriorating at a drastic rate, and it's happening right in front of us. Meltdown is about glaciers and their unfolding demise during one of the most critical moments of our planet's geological history. If we can reconsider glaciers in a whole new light and understand the critical role they play in our own sustainability, we may be able to save the cryosphere. |
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