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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources law
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.
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.
In Environmental Law and Economics, Michael G. Faure and Roy A. Partain provide a detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers. The authors demonstrate how this approach can transcend political divisions in the context of international environmental law, environmental criminal law, and the property rights approach to environmental law. Private law solutions and public regulatory approaches are also explored, including traditional command-and-control and market-based forms of regulation. The book not only shows how the law-and-economics framework can be used to protect the environment, but also to examine deeper questions involving environmental federalism and the effectiveness of environmental law in developing economies. In clear, digestible prose that does not require readers to possess a background in microeconomics or mathematics, the authors introduce the theory and practice of environmental law and economics that have been so critical in the creation of robust environmental policy.
There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.
Cross-border trade in electricity is rapidly expanding as a result of technical innovations, economic and geopolitical developments, and the ongoing decarbonisation of the electricity sector in response to climate change. The expansion of electricity networks and the integration of increasing shares of renewable energy (RE) electricity into the grid have made long-distance electricity flows both feasible and desirable. Drawing on the work of experts in trade and energy law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international trade in electricity, this book examines the most important challenges - technical, economic, legal and policy-related - posed by long-distance and sustainable electricity trade. The book explores the regulatory implications of the policy instruments aimed at supporting RE electricity and considers how best to promote greater overall coherence in international electricity governance.
The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed contribution to contemporary understanding of this topic.
Global climate change is a topic of continuously growing interest. As more international treaties come into force, media coverage has increased and many universities are now starting to conduct courses specifically on climate change laws and policies. This textbook provides a survey of the international law on climate change, explaining how significant international agreements have sought to promote compliance with general norms of international law. Benoit Mayer provides an account of the rules agreed upon through lengthy negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) and multiple other forums on mitigation, geoengineering, adaptation, loss and damage, and international support. The International Law on Climate Change is suitable for undergraduate and graduate students studying climate, environmental or international law. It is supported by a suite of online resources, available at www.internationalclimatelaw.com, featuring regularly updated lists of complementary materials, weblinks and regular updates for each chapter.
Global climate change is a topic of continuously growing interest. As more international treaties come into force, media coverage has increased and many universities are now starting to conduct courses specifically on climate change laws and policies. This textbook provides a survey of the international law on climate change, explaining how significant international agreements have sought to promote compliance with general norms of international law. Benoit Mayer provides an account of the rules agreed upon through lengthy negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) and multiple other forums on mitigation, geoengineering, adaptation, loss and damage, and international support. The International Law on Climate Change is suitable for undergraduate and graduate students studying climate, environmental or international law. It is supported by a suite of online resources, available at www.internationalclimatelaw.com, featuring regularly updated lists of complementary materials, weblinks and regular updates for each chapter.
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.
Climate change, population growth and the increasing demand for water are all capable of leading to disputes over transboundary water systems. Dealing with these challenges will require the enhancing of adaptive capacity, the improving of the quality of water-resources management and a reduction in the risk of conflict between riparian states. Such changes can only be brought about through significant international cooperation. Christina Leb's analysis of the duty to cooperate and the related rights and obligations highlights the interlinkages between this duty and the principles of equitable and reasonable utilisation and the prevention of transboundary harm. In doing so, she considers the law applicable to both international watercourses and transboundary aquifers, and explores the complementarities and interaction between the rules of international water law and the related obligations of climate change and human rights law.
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.
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.
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.
The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 - in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.
Climate change, population growth and the increasing demand for water are all capable of leading to disputes over transboundary water systems. Dealing with these challenges will require the enhancing of adaptive capacity, the improving of the quality of water-resources management and a reduction in the risk of conflict between riparian states. Such changes can only be brought about through significant international cooperation. Christina Leb's analysis of the duty to cooperate and the related rights and obligations highlights the interlinkages between this duty and the principles of equitable and reasonable utilisation and the prevention of transboundary harm. In doing so, she considers the law applicable to both international watercourses and transboundary aquifers, and explores the complementarities and interaction between the rules of international water law and the related obligations of climate change and human rights law.
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.
This volume is a companion to The Law of Energy for Sustainable Development. Here the IUCN Academy of Environmental Law assembles a volume of legal instruments which can be recognized as constituting the core of the law of energy for sustainable development. It will be an essential reference for all those involved in environmental and energy research.
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.
The energy industry has an unstoppable momentum but also a value to society in terms of economic development and environmental protection though the development of "clean energies". This is helping to build the foundations of an energy law regime, which is currently undergoing necessary development and consolidation. The contributors to this book examine the essential legal and regulatory factors contributing to energy law from different viewpoints and backgrounds.
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.
In this book, Professor Rossi explores the implications of a bargaining perspective for institutional governance and public law in deregulated industries, such as electric power and telecommunications. Leading media accounts blame deregulated markets for failures in competitive restructuring policies. In contrast, the author argues that governmental institutions, often influenced by private stakeholders, share blame for the defects in deregulated markets. The first part of the book explores the minimal role that judicial intervention played for much of the twentieth century in public utility industries and how deregulation presents new opportunities and challenges for public law. The second part of the book explores the role of public law in a deregulatory environment, focusing on the positive and negative incentives it creates for the behavior of private stakeholders and public institutions in a bargaining-focused political process. The book presents a unified set of default rules to guide courts in the United States and elsewhere as they address the complex issues that will come before them in a deregulatory environment.
Sometimes solving climate change seems impossibly complex, and it is hard to know what changes we all can and should make to help. This book offers hope. Drawing on the latest research, Mark Jaccard shows us how to recognize the absolutely essential actions (decarbonizing electricity and transport) and policies (regulations that phase out coal plants and gasoline vehicles, carbon tariffs). Rather than feeling paralyzed and pursuing ineffective efforts, we can all make a few key changes in our lifestyles to reduce emissions, to contribute to the urgently needed affordable energy transition in developed and developing countries. More importantly, Jaccard shows how to distinguish climate-sincere from insincere politicians and increase the chance of electing and sustaining these leaders in power. In combining the personal and the political, The Citizen's Guide to Climate Success offers a clear and simple strategic path to solving the greatest problem of our times. This title is also available as Open Access on Cambridge Core.
From acid rain to clean drinking water, from clean beaches to packaging waste, the operation of the environmental rules in the European Union affects all our lives. This book examines how rules for environmental protection are made in Europe. It identifies the forces that shape how rules are made and why they take the form they do.
Reliance on natural resource revenues, particularly oil, is often associated with bad governance, corruption, and poverty. Worried about the effect of oil on Alaska, Governor Jay Hammond had a simple yet revolutionary idea: let citizens have a direct stake. "The Governor's Solution" features his firsthand account that describes, with brutal honesty and piercing humor, the birth of the Alaska Permanent Fund dividend, which has been paid to each resident every year since 1982. Thirty years later, Hammond's vision is still influencing oil policies throughout the world. This reader, part of the Center for Global Development's Oil-to-Cash initiative, includes recent scholarly work examining Alaska's experience and how other oil-rich societies, particularly Iraq, might apply some of the lessons. It is as a powerful reminder that the combination of new ideas and determined individuals can make a tremendous difference --even in issues as seemingly complex and intractable as fighting the oil curse.
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. |
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