In response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this fully updated new edition analyses the application of English law to contracts for project investment, financing, and development. The book provides practitioners and other parties with essential operational detail, as well as advising on the implications of English law on the interpretation of relevant provisions. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector for an international market. This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analysed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector. This new edition has been updated with new chapters on contract architecture and related issues and new sections on the Limitation Act and tolling, further assurances, quantum meruit and estoppel. Chapters have been updated in light of key cases on good faith and relational contracts, fiduciary duties and consequential loss recognitions, amongst others. As English law continues to grow in international importance, this is a key text for practitioners in a number of jurisdictions who are looking to draft contracts or handle international transactions under the umbrella of English law.

'In summary, the book provides an interesting mix of energy topics and perspectives that appears somewhat eclectic at first glance. . . . the book is a very useful and scholarly addition to the literature on energy governance and is recommended reading for all those who need to be better informed on the challenges and some of the solutions available at the current time.' - David Grinlinton, Journal of Energy & Natural Resources Law This timely book makes an original and in-depth contribution to the debate about how to transform our energy governance systems into ones that support a fair, safe and sustainable society. It combines perspectives from leading scholars to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique overview of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems. The first section lays the conceptual and theoretical foundations for alternative approaches to energy governance, including its constitutional foundations, the role of human rights, and an environmentally just system that seeks universal access to energy for all. The second section showcases concrete innovative experiences in energy governance from around the globe, including smart cities, the role of the courts, energy efficiency of buildings and the harnessing of energy from waste. Finally, the authors consider the social justice dimension, discussing the exploitation of energy resources by multinational companies in developing countries and the importance of agricultural production, distribution and consumption in energy transformation. This unique overview of state-of-the-art approaches to transformation of energy governance is vital reading for policy makers and both legal and non-legal scholars concerned with energy law, sustainability and justice, and global governance. Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T. Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L. Kotze, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L. Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis, M.K. Scanlan, J. Wentz

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Infrastructures are the backbone of any economy and energy is vital to our way of life. Electricity transmission, gas and oil pipelines, smart grids, storage of energy and later on CO2 transport are essential elements of our present and future energy systems. The energy and climate policies conducted by the European Union since 2007 have led to the Third Energy Package governing the internal electricity and gas markets, to the Directive setting the target of 20% of renewable sources of energy by 2020, to the Energy Efficiency Directive and, most recently, to the Regulation establishing the guidelines on trans-European energy infrastructures and to the new financing programme called 'Connecting Europe Facility' (CEF). In five years' time, national energy policies have been drastically reshaped by the EU Directives and Regulations, now based on Article 194 of the Treaty on the Functioning of the European Union. It is now time to understand fully the importance of these regulatory changes and the resulting 'Europeanisation' of the energy policy.

The exploitation of natural resources in Africa represents a major challenge. The African continent, which remains largely unexplored, contains a large part of the world's natural resources. The current context, characterised by a fluctuation of commodity prices, does not reduce the growing interest in Africa and its extractive sector. Oil, Gas and Mining Law in Africa analyses the mining and petroleum laws in African countries and includes an assessment of contractual aspects applicable to oil, gas and mining operations. The innovative interest of this book is to provide a detailed and up-to-date analysis of mining and petroleum laws applicable to the upstream sector in Africa. It focuses on all the mining and petroleum laws and especially those recently enacted in a constantly changing environment.

The energy law and energy policy of the EU and Euratom have become more and more complex in recent years. Today these areas feature a multitude of layers concerning not only regulation of the power industry, but also security of energy supply, climate change, consumer needs and technical innovation. This Textbook serves as a much-needed introduction to this distinctive field. Written in an accessible and engaging manner, with a clear pedagogical structure, the book concentrates on providing an overview of EU energy law, and provides pointers for further reading on each of the component parts. Stimulating end-of-chapter questions facilitate discussion and classroom use, whilst for readers with little experience of the EU, the book provides a separate chapter outlining the institutional structure and functioning of the European Union and Euratom in the field of energy policy. Key Features: - Summaries of treaty rules, case law and legislation give the reader a clear understanding of the complex legal framework of this policy area. - Review questions and further reading lists make it the ideal starting point for those coming to the subject for the first time, and for those with some prior expertise. - COverview chapters provide the reader with a solid grounding in the functioning of the EU and Euratom. Each of these features ultimately helps readers to familiarise themselves with one of the most vibrant fields of European law and policy. This introductory textbook will be the first port of call for all those, both students and practitioners, who need to understand EU and Euratom energy law.

'In summary, the book provides an interesting mix of energy topics and perspectives that appears somewhat eclectic at first glance. . . . the book is a very useful and scholarly addition to the literature on energy governance and is recommended reading for all those who need to be better informed on the challenges and some of the solutions available at the current time.' - David Grinlinton, Journal of Energy & Natural Resources Law This timely book makes an original and in-depth contribution to the debate about how to transform our energy governance systems into ones that support a fair, safe and sustainable society. It combines perspectives from leading scholars to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique overview of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems. The first section lays the conceptual and theoretical foundations for alternative approaches to energy governance, including its constitutional foundations, the role of human rights, and an environmentally just system that seeks universal access to energy for all. The second section showcases concrete innovative experiences in energy governance from around the globe, including smart cities, the role of the courts, energy efficiency of buildings and the harnessing of energy from waste. Finally, the authors consider the social justice dimension, discussing the exploitation of energy resources by multinational companies in developing countries and the importance of agricultural production, distribution and consumption in energy transformation. This unique overview of state-of-the-art approaches to transformation of energy governance is vital reading for policy makers and both legal and non-legal scholars concerned with energy law, sustainability and justice, and global governance. Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T. Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L. Kotze, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L. Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis, M.K. Scanlan, J. Wentz

'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.' - Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy 'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.' - Thomas J. Schoenbaum, George Washington University Law School, US Water is an essential resource for mankind, yet many countries around the world are currently facing mounting freshwater management challenges, with climate change and new regional imbalances threatening to aggravate this situation further. This timely book offers a unique interdisciplinary inquiry into the issues and challenges water regulation will face in the coming years. The book brings together economists, political scientists, geographers and legal scholars to offer a number of proposals for the future of water regulation. The contributions in this book are grouped around specific themes. In the Part I, the contributions address the challenges which water poses to public international law. In the Part II, the authors explore the most pressing ethical, legal, and social issues. Finally, the discussion in Part III covers the economic drivers shaping the future of water. This discerning book cov'This book, examining the issues, challenges and directions in water regulation, is very timely. . . (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.' - Fernando Dias Simoes, European Yearbook of International Economic Law 2018 'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.' - Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy 'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.' - Thomas J. Schoenbaum, George Washington University Law School, US 'This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The authors are reputed scholars from diverse disciplines, representing a wide range of countries in terms of geography and economic status.' - Alan Randall, The Ohio State University, US and University of Sydney, Australia 'There is no greater challenge in the 21st century than meeting the demand for water amid global climate change. Rapid urbanization, a growing global population projected to hit nine billion in the coming decades, combined with rising demands for water intensive agri-foods, is creating enormous stresses on global water resources. This volume brings together an outstanding collection of global experts to examine the regulatory challenges of water management, addressing topics as diverse as regulating trade in water, global institutions and water conservation, cross border investment in water utilities, as well as ethical, social and legal issues associated with equity and access to water. The volume represents an original and immensely valuable collection of papers for anyone concerned with the future of this most essential resource.' - Darryl Jarvis, Hong Kong Institute of Education 'Pollution, population growth, climate change and regional imbalances make water management a central challenge for governments. New problems about water have arisen, which include inefficient sanitation services, the depletion of groundwater, unstable water supply networks and the use of water carriers. This excellent edited collection brings us a fresh and broad understanding on the future of water regulation from trade, investment, sustainable development, human rights and economics perspectives. This book is highly recommended for anyone interested in international rule-making and regulatory development for public goods in the era of globalization.' - Tsai-yu Lin, National Taiwan University 'Overall, this edited volume has certainly succeeded in analysing a highly technical topic from a wide variety of disciplines and in an array of jurisdictions. Its interdisciplinary nature, together with its consistency and clarity, makes it a welcome and timely addition to the literature. It constitutes a useful reference for both academics and practitioners who seek guidance in the intricate and vitally important realm of water regulation.' - Chinese Journal of Environmental Law ers all of the primary actors in the actors of the water world, including governments, companies, international organizations, and citizens. With an original introduction by the editor and bringing a diverse collection of perspectives into a single collection, the book will be an essential resource for scholars and practitioners in legal and policy fields such as trade and investment, human rights and the environment as well as in international relations. Contributors include: M. Ahmad, T. Ancev, S. Azad, A.P. Barcellos, R. Bates, D. Chakraborty, C. Emeziem, S. Hamamoto, F. Hernandez-Sancho, M. Hirano, J. Lassa, P. Mahadevan, T. McDonnell, S. Mukherjee, S.A. Shah, V.J.M. Tassin, C. Titi, P. Turrini

The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations. Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson

Regulating Shale Gas discusses the regulatory context of shale gas in the European Union and draws conclusions on the EU's broader approach towards the regulation of new technologies. Providing the first dedicated examination of the overall regulatory context of shale gas in the EU, Leonie Reins reveals how the EU's new constitutional setup after the Lisbon Treaty has complicated rather than facilitated the EU's quest for a common energy policy. Shale gas has already transformed the energy outlook in the United States, but despite high expectations, exploration has failed to take off fully in the EU. This book investigates the reasons for this failure, as well as other related developments impacting both energy and environmental law, by highlighting the essential elements of coherent regulation of technologies. It further analyses other cross-cutting issues relating to the environmental and energy supply security challenges and offers insights into the regulation of the different sectors and the most topical developments. The regulation of shale gas is set to become an increasingly important issue, receiving attention of energy and environmental legal scholars, politicians and industry worldwide. This book will also appeal to legal practitioners seeking expertise in the law and policy of shale gas extraction in the EU.

In the last twenty years the biofuels industry has developed rapidly in many regions of the world. This timely book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China and the US, as well as the EU, and a number of other countries where this industry is quickly developing. Drawing on a range of disciplines, the contributors examine the roles of the public and private sectors in the governance of biofuels. They discuss topics such as sustainability and biofuels, and provide a critical review of regulatory regimes for biofuels. They conclude by proposing recommendations for more effective and efficient biofuel policies. Academics working in the area of renewable energy and students in environmental law will find this book to be of interest. It will also be of use to policy makers around the world looking to learn from various existing regimes. Contributors: G. Berndes, M. Brandao, A. Cowie, A. Cowie, K.S. Dahmann, J. De Beer, O. Englund, L.B. Fowler, A. Genest, L. Guo, M.-H. Labrie, Y. Le Bouthillier, E. Le Gal, O.J. Lim Tung, W.E. Mabee, F. Maes, L.D. Malo, M. Mansoor, P. Martin, H. Mcleod-Kilmurray, M.J.F. Montefrio, B.E. Olsen, R.O. Owino, P. Pereira De Andrade, M. Powers, A. Ronne, P.M. Smith, T. Smith, S. Soimakallio, I. Stupak, V.M. Tafur, A.R. Taylor

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

'Stefan Weishaar brought an excellent group of authors together in this book, reflecting on key developments for the green market transition! Happy to read so many refreshing contributions on carbon taxes, energy subsidies and smart instrument mixes.' - Kurt Deketelaere, University of Leuven, Belgium The Paris Agreement on climate change constitutes an important milestone in international climate negotiations. Its key objective is the strengthening of the global response to climate change by transitioning the world to an increasingly green economy. In this book, environmental tax and climate law experts address the various issues surrounding green market transitions. Key chapters examine carbon taxes and systems of implementation, energy subsidies, and support schemes for carbon and energy policies. Using a multitude of international case studies, several contributing authors reflect on the underlying policy dynamics and the constraints of various fiscal measures. In addition, this timely work considers the important issue of smart instrument mixes, going beyond instrument choice to examine how they can work in harmony together. Astute and engaging, this book is a vital companion for students and scholars in environmental law, economics and sustainability. Its practical approach also renders it an excellent guide for policy makers and those involved in fiscal reform and green market transition. Contributors include: M. Alsina Pujols, B. Bahn-Walkowiak, P. Castro, M. Distelkamp, N. Droste, E. Fonseca Capdevila, C. Fruhmann, S. Giorgi, A. Grossmann, M. Hasenheit, A. Illes, T. Kawakatsu, C. Kettner, M. Kettunen, D. Kletzan-Slamanig, N. Kreibich, L. Kreiser, V. Kulmer, A. Lerch, C. Lutz, M. Machingambi, M. Meyer, J.E. Milne, I. Ring, S. Rudolph, R. Santos, S. Seebauer, H. Sprohge, L.-A. Steenkamp, C. Stroia, I. Taranic, P. ten Brink, A. Tuerk, S. Van Outryve d'Ydewalle, R. Vasileios, M. Villar Ezcurra, H. Wang-Helmreich, H. Wilts, S. Wolff, G. Woltjer, M. Zahno

In sharp contrast to the globally expressed concern regarding the emission of CO2 stemming from the burning and combustion of fossil fuels, and the ongoing efforts to establish a new global Climate Agreement with binding commitments towards curbing such emissions, the demand for petroleum, next to coal making up the fossil fuels, is strong and as far as foreseeable will remain strong in the coming decades. Clearly, it is not expected that Government climate change policies following from the intended Climate Agreement will have much impact on the demand for both oil and natural gas in the coming years. There are good reasons for this at first sight surprising situation (and likewise for the fact that in any country the discovery of a new oil or gas field still may count on a warm welcome by the government concerned and the general public). In the first place there are no realistic, practical or cost-effective alternatives for the many sectors in the economy for which oil products and natural gas presently supply in varying degrees either the energy or the feedstock. In the second place, natural gas itself may serve as an alternative: in this case serving as an alternative for coal in the power sector due to the fact that natural gas scores much better than coal on the CO2-emission table, and that there are no realistic and practical non-fossil alternatives for this sector available, at least as long there is a strong public opposition against the use of nuclear energy. The latest statistics and projections about the total of remaining recoverable reserves, including proven reserves, make clear that the petroleum industry by further exploration and application of sophisticated production techniques, many times in extreme areas and/or under extreme conditions, must be expected to be able to satisfy any reasonable demand as currently projected. This third edition has been fully updated not only as far as statistics go but also with respect to petroleum legislation. But legislation, treaties, etc. that have lost their relevance have been deleted. Furthermore, the separation between licence-based petroleum legislation (Western countries) and contract-based petroleum legislation (non-Western countries) has been brought out more clearly and sharply in line with recent developments.

This pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives. In this timely book, Ruven Fleming argues that the practical consequence of these changes has been the self-inflicted curtailment of legislative discretion. The first to formally assess the legality of fracking bans and moratoria, he exposes their flawed construction, revealing that the current regulations could be successfully challenged in front of courts of EU Member States. Reaching beyond shale gas, innovative chapters further propose a new methodology - the so called triad of objectives, principles and rules - to develop legally sound regulation of new energy technologies in the context of the energy transition. Students and scholars across environmental and energy law will find this book an essential contribution to the sparse literature regarding the legal aspects of fracking and shale gas in Europe. The focus on a new legal methodology will also provide guidance to decision-makers and regulators alike.

Liberalisation in the power sector is high on the agenda of policy makers, regulators and the industry around the world. There is growing recognition of the benefits of power market liberalisation and the need to further integrate regional markets in a liberal trade and investment environment. This volume brings together articles written by leading experts in the field of electricity, trade and regulation in Europe. Organised in two Parts, the contributions cover a range of issues from market structure, trade flows, infrastructure and investment to the regulatory framework within which the industry operates, including international trade rules and national technical, environmental and regulatory regimes. These are complex and sensitive issues requiring an in depth understanding of the economics and regulation of electricity trade and the primary object of this volume is to contribute to an informed debate on the subject. To this end, the contributors demonstrate how a competition-friendly and liberal environment for electricity trade, including a system of nondiscriminatory and transparent access to transmission and distribution networks, could contribute to improving market integration, economic efficiency, supply security and environmental health.

This book examines the implications for public law of the regulation of privatized utilities, asking how these institutions fit into our constitutional understanding regarding accountability, individual rights and territorial government. It argues that new approaches are needed if constitutional and regulatory principles are to accommodate one another. This is of particular interest in the context of recent constitutional reforms and the growing influence of European integration. After describing the institutions, their powers and duties, particular attention is paid to the position of consumers, the role of the European Community, territorial government and the place of individual rights. The book concludes by looking at price control, the coming of competitive markets for utility services and the future of the regulatory system in the light of convergence, multi-utilities and the government's planned reforms.

Over the past six decades federal regulatory agencies have attempted different strategies to regulate the natural gas industry in the United States. All have been unsuccessful, resulting in nationwide gas shortages or massive gas surpluses and costing the nation scores of billions of dollars. In addition, partial deregulation has led the regulatory agency to become more involved in controlling individual transactions among gas producers, distributors, and consumers. In this important book, Paul MacAvoy demonstrates that no affected group has gained from these experiments in public control and that all participants would gain from complete deregulation. Although losses have declined with partial deregulation in recent years, current regulatory practices still limit the growth of supply through the transmission system. MacAvoy's history of the regulation of natural gas is a cautionary tale for other natural resource or network industries that are regulated or are about to be regulated.

This work analyses key issues of a European policy and future regulation for natural gas. The structure and performance of gas markets and the organizational characteristics of gas supply, transmission and distribution are considered. The work examines how the regulatory policies of Member States differ substantially from one another and from most determinants of a European energy policy: differences in system of ownership on all levels of the industry; in degrees of concentration and integration; in market structures of supply and demand especially in access to natural gas sources; in regulatory policies and priorities especially regarding gas-to-gas and substitute competition; in regulatory instruments; in motions of national interest, optimal use and preservation of resources and investments; and in dependence on foreign supplies. The development of Community law benefits from an appreciation of these factors, and experts from most EC member states provide a rigorous and thorough analysis of the issues.

Other People's Country thinks through the entangled objects of law - legislation, policies, institutions, treaties and so on - that 'govern' waters and that make bodies of water 'lawful' within settler colonial sites today. Informed by the theoretical interventions of cosmopolitics and political ecology, each opening up new approaches to questions of politics and 'the political', the chapters in this book locate these insights within material settler colonial 'places' rather than abstract structures of domination. A claim to water - whether by Indigenous peoples or settlers - is not simply a claim to a resource. It is a claim to knowledge and to the constitution of place and therefore, in the terms of Isabelle Stengers, to the continued constitution of the past, present and future of real worlds. Including contributions from the fields of anthropology, cultural studies, cultural geography, critical legal studies, and settler colonial studies, this collection not only engages with issues of law, water and entitlement in different national contexts - including Australia, Aotearoa/New Zealand, New Caledonia and the USA - but also from diverse disciplinary and institutional contexts. This book was originally published as a special issue of Settler Colonial Studies.

Dernbach and May have brought together a marvelous collection of essays that join two inseparable issues: shale gas and sustainability. Each of the 12 articles, written by important authors, together with an introduction and conclusion from Dernbach and May, offers insightful recommendations on how to explore shale gas around the globe in a sustainable way.' - Marcelo Dantas, Universidade do Vale do Itajai (UNIVALI), SC, BrazilThe rapid growth of shale gas development has led to an intense and polarizing debate about its merit. This book asks and suggests answers to the question that has not yet been systematically analysed: what laws and policies are needed to ensure that shale gas development helps to accelerate the transition to sustainability? In this groundbreaking book, more than a dozen experts in policy and academia assess the role that sustainability plays in decisions concerning shale gas development in the US and elsewhere, offering legal and policy recommendations for developing shale gas in a manner that accelerates the transition to sustainability. Contributors assess good practices from Pennsylvania to around the planet, discussing how these lessons translate to other jurisdictions. Ultimately, the book concludes that major changes in law and policy are needed to develop shale gas sustainably. Policymakers and educators alike will find this book to be a valuable resource, as it tackles the technical, social, economic and legal aspects associated with this sustainability issue. Other strengths are its clear language and middle-ground policy perspective that will make Shale Gas and the Future of Energy accessible to both students and the general public. Contributors: D.A. Brown, T. Daya-Winterbottom, J. Glazewski, B.D. Goldstein, P. Ko, B. Kolb, K.T. Kristl, J.A. 'Skip' Laitner, J. McElfish, J. Morgan, J.H. Quigley, P. Salkin, D.B. Spence, D. Stares, J. Ubinger, Jr., J. Williamson

The purpose of this book is to show that the access to plant genetic resources and the compliance to the objectives of the Convention on Biological Diversity can only be realised in this biotechnological era the world is facing, through the balance of rights and duties of States and stakeholders. Specifically, this book suggests that the global partnership as professed in the United Nations Conference on Environment and Development, in 1992, has so far not been reached. It examines the possibility of achieving the global partnership through clear, fair, ethical, and equitable biopartnerships in, between, and among States. For this purpose, the author analyses international instruments and national laws dealing with patents, plant breeders' rights, farmers' rights, and sui generis protection and shows how they affect developing countries rich in biodiversity and traditional knowledge, such as Brazil. She raises awareness to problems derived from the patenting of genetic resources, plants, and traditional knowledge and presents sui generis alternatives proposed by different sectors of society in several countries. The book critically examines five biopartnerships of countries in four different continents. The author proposes measures to protect traditional knowledge and innovations and suggests in which indigenous peoples, traditional farmers, and developing countries may achieve an equitable share of benefits for their contribution in the development of new medicines, foods, etc.

This work contains a detailed analysis and description of international and regional conventions, multilateral and bilateral agreements, national laws and regulations, official statements and policy documents, licences, contracts and commercial co-operation agreements concerning the search for and exploitation of petroleum reservoirs. It analyzes regulatory activity aimed at providing rules for the orderly conduct of these operations, at maximizing the economic, strategic and fiscal benefits and at satisfying legitimate environmental concerns. This text offers a detailed and accessible analysis of these complex issues and provides essential reading for international consultants and legal professionals negotiating and devising regulatory and co-operative aspects of petroleum operations and for geologists, petroleum engineers and others in charge of petroleum ventures and joint ventures.

Offering an introduction to students on the most essential elements of EU energy law and policy, this volume will be the go-to text for those seeking knowledge of EU energy regulation and its objectives, as well as an overview of energy law. Specific topics will cover the content of sector-specific energy regulation, the application and impact of general EU law on energy markets, third party access, unbundling, investment in cross-border networks, energy trading and market supervision, the application of general EU competition law on energy markets, the impact of free movement provisions, and the application of state aid rules. A structured, step by step guide through the fundamental areas of EU energy law.

Mining agreements (MAs) often reflect governments' political aspirations. To allow their deals to conclude with minimum risk and maximum benefit, mining investors must know and understand the motivating factors of the governments of applicable countries, and their consequences. The form and substance of MAs vary considerably and may be adapted to suit a country's particular legal and socioeconomic framework and the peculiarities of the sector of the mining industry concerned. Developing countries are now relentlessly competing for investment funds, offering attractive conditions for transnational mining companies. In developed countries, on the other hand, the desires to protect the environment and to guarantee or restore natives' rights have caused a downward shift in investment priorities. This text: sets out the various forms an MA can take; examines the key role played by national political will in MA negotiation through an analysis of MA evolution in four host countries - Australia, Chile, Indonesia and Papua New Guinea, all of which are particularly attractive countries for foreign mineral investment; explores the main trends in the evolution of MA content over the past 30 years - including the dramatic increase in environmental requirements, the growing concern over natives' rights, and the decrease in economic rent and equity shares; traces the trends' origin in the HCs' political will with the TMCs' need for stability; and explains how to write an MA that will stand the test of time. These features position this work to provide participants in the running industry - transnational and mining companies, national governments, and international organizations - with bargaining solutions for the mining agreements of the future and to heighten their awareness of actual present and foreseeable changes in the political, social and investment climate.

In the last twenty years the biofuels industry has developed rapidly in many regions of the world. This timely book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China and the US, as well as the EU, and a number of other countries where this industry is quickly developing. Drawing on a range of disciplines, the contributors examine the roles of the public and private sectors in the governance of biofuels. They discuss topics such as sustainability and biofuels, and provide a critical review of regulatory regimes for biofuels. They conclude by proposing recommendations for more effective and efficient biofuel policies. Academics working in the area of renewable energy and students in environmental law will find this book to be of interest. It will also be of use to policy makers around the world looking to learn from various existing regimes. Contributors: G. Berndes, M. Brandao, A. Cowie, A. Cowie, K.S. Dahmann, J. De Beer, O. Englund, L.B. Fowler, A. Genest, L. Guo, M.-H. Labrie, Y. Le Bouthillier, E. Le Gal, O.J. Lim Tung, W.E. Mabee, F. Maes, L.D. Malo, M. Mansoor, P. Martin, H. Mcleod-Kilmurray, M.J.F. Montefrio, B.E. Olsen, R.O. Owino, P. Pereira De Andrade, M. Powers, A. Ronne, P.M. Smith, T. Smith, S. Soimakallio, I. Stupak, V.M. Tafur, A.R. Taylor