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.

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.

International human rights law has only recently concerned itself with water. Instead, international water law has regulated the use of shared rivers, and only states qua states could claim rights and bear duties towards each other. International human rights law has focused on its principal mission of taming the powers of a state acting territorially. Takele Soboka Bulto challenges the established analytic boundaries of international water law and international human rights law. By demonstrating the potential complementarity between the two legal regimes and the ensuing utility of regime coordination for the establishment of the human right to water and its extraterritorial application, he also shows that human rights law and the international law of watercourses can apply in tandem with the purpose of protecting non-national non-residents in Africa and beyond.

This volume presents the first and only comprehensive examination of the legal issues surrounding international debt recovery on claims against Iraqi oil and gas. In addition to presenting a snapshot view of Iraq s outstanding debt obligations and an analysis of the significance of the theory of odious debt in the context of the Iraqi situation, the list of legal issues examined includes relevant provisions of the Iraqi Constitution of 2005, controlling Security Council resolutions, pertinent articles of the KRG oil and gas law (No. 22) of 2007 and the many nuanced and technical questions raised thereby, legal pronouncements aimed at protecting Iraqi oil and gas and those adopted in selected other nations, and general problems associated with recognition and enforcement of awards or judgments that may involve such oil and gas or revenues from the sale thereof. Also discussed are the lessons learned by the handling of the Iraq debt experience and the transferability of those lessons to future situations in which resource-rich nations may have outstanding financial obligations to other members of the world community or their nationals.

The research focus for the IUCN Academy of Environmental Law in 2003 was a timely and challenging one, entitled 'The Law of Energy for Sustainable Development'. As contemporary world politics demonstrates, energy resources and generation are crucial issues facing the international community. As research on energy law, at the international, regional, and national level is in its infancy, the insights provided by the contributors to this 2005 volume are a significant addition to the field.

As certain oil and gas provinces near the end of their production lives, companies, governments and other stakeholders are turning their attention to decommissioning. The price of disposing of oil and gas installations is enormous. Yet the costs of getting it wrong can be even greater. Part A of this fully updated second edition looks at decommissioning and the oil and gas life cycle. Part B contains chapters on decommissioning and international law. Part C focuses on decommissioning in the North Sea and contains chapters on government policy, environment law, offshore contracting, health and safety, financial and technical issues, further examined using a case study from a completed North Sea decommissioning project. Part D provides an international comparative analysis, with new chapters on Denmark, Namibia, Netherlands and New Zealand. As well as decommissioning professionals, this title will be of interest to oil and gas executives, lawyers, environmental consultants, tax advisers, accountants, insurers, investment bankers, academics and other professionals connected to the oil and gas industry.

This book is the first and only comprehensive examination of current and future legal principles designed to govern oil and gas activity in Iraq. This study provides a thorough-going review of every conceivable angle on Iraqi oil and gas law, from relevant provisions of the Iraqi Constitution of 2005; to legislative measures comprising the oil and gas framework law, the revenue sharing law, and the laws to reconstitute the Iraq National Oil Company and reorganize the Ministry of Oil; to the Kurdistan Regional Government's 2007 Oil and Gas Law No. (22) and its accompanying Model Production Sharing Contract; and to the apposite rules of international law distilled from both controlling UN resolutions addressing Iraq and more generally applicable principles of international law. This text is essential to the reading collection of every practitioner, business executive, government official, academic, public policy maven, and individual citizen with an interest in the details and controversial aspects of Iraqi energy law.

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.

In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water.

The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making.

The Yearbook of European Environmental Law is a joint venture between leading academics, practitioners, and Community officials. Academics and students will find a wealth of information in the stimulating and clearly written articles. The well-structured and reliable Annual Survey is specifically designed to provide easy access to the very latest developments in environmental law at the European level. Separate parts of the Yearbook are devoted to important policy documents and reviews of books.

Navigating the challenges of a low carbon Europe: energy market regulation, the future of RES, and ensuring security of supply. This book provides an insight into some of the most significant issues presented at the Florence School of Regulation and Hellenic Energy Regulation Institute's joint conference on European energy law and policy, which took place in September 2016 in Athens, Greece. The purpose of the conference was to provide a comprehensive analysis of the current status of the European and Greek energy sector, and the issues it faces, from both a legal and economic perspective. The discussions included an assessment of the low carbon challenges for Europe, examining the future of renewable energy systems and support mechanisms, electricity market design, and the current regulatory framework of the gas and electricity markets in Greece. Finally, the discussions turned to the future role of distribution system operators, both in their function as independent supervisors of the electricity market and their evolving relationship with the transmission system operators. Highlights: Provides comprehensive analysis of the current European and Greek energy sector. Includes assessment of the low carbon challenges. Future role of DSO's. Evaluates the prospects if future energy law developments.

This timely book shows how the creation of a European Energy Union might be an effective and viable solution to the energy security problems that the European Union is facing. The aim is to make it easier to trade energy inside the EU. The EU currently has to rely on energy-rich countries for its energy needs, many of whom are politically and economically unstable; this places the EU in a vulnerable position. The book explores the institutional and legal framework for the creation of a European Energy Union, whose aim is to achieve affordable, secure, and sustainable energy. The book explores what the EU is politically prepared to accept as part of its united energy security. Combined with the perception of energy security being a pressing matter, the general disenchantment surrounding the European ideal in the wake of the economic crisis makes the task of ensuring affordable, secure, and sustainable energy a formidable challenge. In that vein, the European Energy Union could well be the flagship of this new outset towards a more prosperous, energy-secure, and united Europe-bearing in mind that EU member states wish to guard their sovereignty over national energy systems. In the past, there have been divisions between EU member states when trying to draft a united energy policy. The European Energy Union tries to rectify this deficiency. This book proposes the emulation of the EU's common commercial policy to reach a common position in EU energy policy. It analyzes the role of the Energy Community and the Euro-Mediterranean Energy Partnership as avenues to further integrate energy markets beyond European borders, especially with the Eastern and Southern neighbours of the EU. It also dwells on the advancements that could arise in terms of pan-European energy infrastructure through the anticipated financial boost resulting from, inter alia, the Investment Plan for Europe, the European Structural and Investment funds, and the Connecting Europe Facility. Finally, it provides an analysis of climate change mitigation by focusing on the importance of decarbonizing the economy and analyzing the 2015 Paris Agreement on climate change. Highlights: First book to analyze the European Energy Union and the 2015 Paris Agreement on climate change. Explains the five pillars of the European Energy Union. Cross-examination of the EU's competence in the areas of energy and trade to surmise whether a more harmonized European energy strategy could, legally and conceptually, be realized anytime soon.

This detailed handbook constitutes the first comprehensive presentation of EC Energy Law, under the ECSC, Euratom and EC Treaties, including the history and development of this important legal field and its economic and technical foundations. Based on the relevant Treaty provisions, Community legislation, Court decisions and other primary sources, the book gives a complete account of the legal principles and provisions governing coal, nuclear power, mineral oil, natural gas, electricity and renewable energies at the European level. A special section is devoted to horizontal issues, including the definition of energy objectives, energy consumption, energy taxation, energy research, energy and the environment, energy and transport, investment and procurement in the energy sector, energy statistics, external relations in the energy field as well as energy in the context of enlargement. In nearly 3 000 footnotes and numerous references to specialised literature the reader is directed to relevant sources and further reading on all specific issues relevant to the understanding of EC Energy Law since its first inception in the 1950s to the impending enlargement of the European Union in 2004.

The downturn in the oil commodity price starting in 2014 had a chilling effect on oil and gas M&A. However, recent price stabilisation has improved the outlook for M&A activity, making a second edition of this book most timely. A feature of the M&A industry has always been its variety of participants, ranging from integrated energy conglomerates to entrepreneurial frontier explorers. New entrants include state-owned oil companies, financial investors, diversifying service contractors and oil traders. With the growth of specialist stock markets, junior and independent oil companies are better able to raise acquisition finance than ever before, and companies specialising in end-of-life reservoirs are filling the spaces left as oil majors go in search of new opportunities. Transaction types are also diverse and are completed using a variety of different deal structures. As well as providing chapters on each type of acquisition method, this book also includes an analysis of the underlying structuring decisions. In addition, this practical guide covers a number of ancillary areas, including valuations, financing, tax and accounting. Decommissioning liability is also considered in an M&A context. A number of new chapters are also featured, covering topics such as competition law, environmental law and dealing with material adverse changes. This comprehensive new edition will prove an essential resource to anyone involved in the upstream industry M&A process including lawyers, bankers, financiers, business executives, accountants and tax advisers.

Joint operating agreements (JOAs) are well-accepted standard agreements in the oil and gas industry which regulate the relationship between the parties to a joint venture: the operator and the non-operator. Traditionally, the operator is responsible for performing operations on behalf of the consortium, while the non-operator is responsible for contributing to the financial commitments of the joint venture. However, due to the strong position typically maintained by the operator, this structure does not always accurately reflect the non-operator's position. Unbalanced agreements can create uncertainty, increase the risk of litigation and even jeopardise the very existence of the consortium. Therefore, it is essential to understand the position of both parties in order to ensure a fair and reasonable negotiation, and this fully updated second edition provides an in-depth analysis of the JOA from the perspective of the non-operator. Coverage includes an examination of the relationship between operators and non-operators under general law, and an analysis of the critical issues facing non-operators in a JOA. In addition, this book reveals how a non-operator can seek to protect its interests - initially through tight control of operations and expenditures, and ultimately through adequate remedies to remove the operator and/or restrict its liability. Further, this edition provides recommendations to address these concerns and also includes the JOA model form from Mozambique as well as reviews of other JOA model forms explored in the first edition. JOAs are relevant to law, finance, human resources and operations. This book provides invaluable practical guidance for in-house counsel, private practitioners, executives, academics, international oil companies, national oil companies, independents and anyone interested in investing in the upstream sector.

What is the European energy strategy for 2050? How different is it from the 2020 energy strategy? What are the technology options? What are the policy options? This volume discusses the European "2050 Energy Roadmap to a Low Carbon Economy: Energy Policy & Innovation." The book represents the outcome of the Third Academic Roundtable of the Loyola de Palacio Chair at the European University Institute, held in Florence in May 2011. It introduces the most recent thinking regarding the European transition towards a low carbon future. The views presented include those of experts of the European Commission, major industry players, and prominent academics. Along with academic articles, speeches, and opinions, the book contains reports of the Think Tank of DG Energy hosted in Florence. "This book is extremely well written and....should help readers to formulate realistic scenarios for an energy future." Dr. James G. Speight, Energy Sources Part A, Volume 34, 2012 and Energy Sources Part B, Volume 34, 2012

First published in 2011, 'Risk and Energy Infrastructure' (Vol I) provided an inter-disciplinary analysis of the project-specific risk factors facing cross-border oil and gas pipelines, together with risk allocation and mitigation methodologies. Our fully updated and comprehensive Vol II looks beyond oil and gas pipelines and considers energy infrastructure more broadly in several important respects: *risk is examined in relation to gas and LNG infrastructure, oil transportation and refining, and low-carbon power production (eg, nuclear and renewable energy); *risk analysis is expanded beyond project-specific risk factors and covers systematic risks (including economic sustainability, master planning, corruption, lack of public sector capacity and cyber-security) and other risk factors that arise in the development of any project which is part of a more complex value chain and/or interdependent with the success or failure of other matters or events; *traditional assumptions underpinning project finance that focus on areas that are reflective of past events and experiences are challenged. As political, social and technological landscapes become ever more complex, there is an increasing need to assess risk from a broader perspective and, in particular, against potentially disruptive events and developments (eg, climate change) which could act to undermine (or promote) entire energy or infrastructure sectors. The book will provide a practical guide to energy infrastructure developers, legal and financing professionals, policy makers and academics.

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 book provides a comprehensive overview of the key aspects and contracts involved in the process of developing oil and gas projects, with an emphasis on offshore developments. Project development in oil and gas carries with it numerous unique risks and challenges. By identifying and managing risk through the various contract stages, each stage of the project is seen in perspective and therefore gives readers a better understanding of how that stage was arrived at and what is expected to come later. To do this, the authors use illustrative international case studies from past and current projects, thereby deepening the reader's understanding and awareness of risk from practical experience, as well as suggesting answers for those who are involved in developing oil and gas projects. The Application of Contracts in Developing Offshore Oil and Gas Projects is intended for project owners, project managers, contractors, finance managers, commercial managers and lawyers who seek to understand the subject from a practical point of view.

Prescribed Form of Record for a Large Raised Reservoir is fully updated to incorporate the latest amends to the Reservoirs Act. Supervising engineers are required to verify that works recommended by the inspecting engineer are being carried out and complete a `prescribed form of record'. This updated edition of the Prescribed Form provides the ability to detail information about the reservoir such as water levels and depth, volume, dam crest height, and details of leakages and repairs.

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.

This book intends to inform the key participants in extractive projects - namely, the communities, the host governments and the investors - about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.

An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, 'ASEAN' way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.

Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading practitioners, arbitrators, academics, and industry experts from across the globe, the eighteen chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part I (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part II (e.g. under the Energy Charter Treaty), and public international law disputes in Part III (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.