Speaking to today's flourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh re-assessment of the varied American interactions of 'common law', the stuff of courtrooms, and 'natural law', a law built on human reason, nature, and the mind or will of God. It offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history. With consequences for today's natural-law proponents and critics alike, it explores the thought of the Puritans, Revolutionary Americans, and seminal legal figures including William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists.

There are many people and places connected to rivers: fishermen whose livelihood depends on river ecosystems, farms that need irrigation, indigenous groups whose cultures rely on fish and flowing waters, cities whose electricity comes from hydroelectric dams, and citizens who seek wild nature. For all of these people, instream flow is vitally important to where and how they live and work. Riverflow reveals the diverse and creative ways people are using the law to restore rivers, from the Columbia, Colorado, Klamath and Sacramento-San Joaquin watersheds in America, to the watersheds of the Tweed in England and Scotland, the Fraser in Canada, the Saru in Japan, the Nile in North Africa, and the Tigris-Euphrates in the Middle East. Riverflow documents that we already have the legal tools to preserve the ecological integrity of our waterways; the question is whether we have the political will to deploy these tools effectively.

Initially created as afterthoughts to competitive electricity markets, capacity markets were intended to enhance system reliability. They have evolved into massive, highly controversial, and poorly understood billion-dollar institutions. Electricity Capacity Markets examines the rationales for creating capacity markets, how capacity markets work, and how well these markets are meeting their objectives. This book will appeal to energy experts and non-experts alike, across a range of disciplines, including economics, business, engineering, public policy, and law. Capacity markets are an important and provocative topic on their own, but they also offer an interesting case study of how well our energy systems are meeting the needs of our increasingly complex society. The challenges facing capacity markets - harnessing market forces for social good, creating networks that manage complexity, and achieving sustainability - are very much core challenges for our twenty-first century advanced industrial society.

Common Pool Resources include, for instance, fishing grounds, irrigation systems, forests and the atmosphere. Now more than ever, how we responsibly share and use those goods is a vital issue. This textbook introduces students of economics, business and policy studies to the key issues in the field. It uses a game-theory approach to help readers understand the mathematical representation of how to find equilibrium behavior in CPRs, how to identify the socially optimal appropriation, and how to measure the inefficiencies that arise. Algebra and calculus steps are clearly explained, so students can more easily reproduce the analysis and apply it in their own research. Finally, the book also summarizes experimental studies that tested theoretical results in controlled environments, introducing readers to a literature that has expanded over the last decades, and provides references for further reading.

Common Pool Resources include, for instance, fishing grounds, irrigation systems, forests and the atmosphere. Now more than ever, how we responsibly share and use those goods is a vital issue. This textbook introduces students of economics, business and policy studies to the key issues in the field. It uses a game-theory approach to help readers understand the mathematical representation of how to find equilibrium behavior in CPRs, how to identify the socially optimal appropriation, and how to measure the inefficiencies that arise. Algebra and calculus steps are clearly explained, so students can more easily reproduce the analysis and apply it in their own research. Finally, the book also summarizes experimental studies that tested theoretical results in controlled environments, introducing readers to a literature that has expanded over the last decades, and provides references for further reading.

Energy transitions are fundamental to achieving a zero-carbon economy. This book explains the urgently needed transition in energy systems from the perspective of the global political economy. It develops an historical, global, political and ecological account of key features of energy transitions: from their production and financing, to how they are governed and mobilised. Informed by direct engagement in projects of energy transition, the book provides an accessible account of the real-world dilemmas in accelerating transitions to a low carbon economy. As well as changes to technology, markets, institutions and behaviours, Power Shift shows that shifts in power relations between and within countries, and across social groups and political actors, are required if the world is to move onto a more sustainable path. Using contemporary and historical case studies to explore energy transitions, it will be of interest to students and researchers across disciplines, policymakers and activists.

The aim of this short text is simply to introduce a reader to this topic. It is intended for a global audience and rather than being restricted to potential energy law students of a particular country. It is also written for students of other disciplines such as geographers, social scientists and engineers. It should also be engaging to those in a variety of professional practices who want an accessible background to and overview of the subject. The first edition of Energy Law: An Introduction was a great success and this extended second edition is expected to be just as successful. It is used widely as a core text in energy law courses across the world and this second issue adds further discussion on important topics such as energy law principles and drivers. Further, it highlights issues of energy justice, a growing and an emergent topic which is also at the core of the energy law principles and the key drivers of why new energy law is formulated. The text aims to outline the principles and central logic behind energy law. Therefore, readers from across the world should be able to use it as a guide to thinking about energy law in their own countries. A variety of examples from many different countries are included in the text and while examples and comparisons are mainly from the EU and US, they represent good examples of more advanced and innovative energy law. For those readers who seek further or more in-depth knowledge, this text will only serve as an introduction. However, a key focus of the book is to direct the reader where they to look for further information and within the book there are suggested extra readings, the key recommended journals to read and other sources of information based on institutions who publish further material in this area. Overall this second edition of Energy Law: An Introduction aims to inspire students and others to contribute to try and improve energy law across the world and enable us all to contribute in our own small way to delivering a just and sustainable energy world for future generations.

This innovative book models pollution mitigation as a negative externality whilst also providing desirable and useful solutions, such as establishing the triangular equivalence relationship among the Lindahl equilibrium without transfers, the Nash bargaining solution with the payoffs of the Cournot-Nash equilibrium as the status quo point, and the social optimum under the Lindahl weights. By introducing programming algorithms to validate these relationships numerically, Zili Yang bridges the gap between analytical results and empirical modelling, ultimately solving the Lindahl equilibrium and hybrid Nash equilibria in the influential RICE model. This text demonstrates the complexity and variety of environment externality problems, ranging from mixed externality to correlated externalities to environmental externality under IRS and policy applications. Integrating theory, algorithms and applications in a comprehensive framework, The Environment and Externality will benefit scholars and students working across environmental, resource and climate change economics.

China has industrialized and urbanized at unprecedented scale and speed since its economic take-off began in the 1980s. It has become the world's second largest economy, but pollution has pushed the environment to the limits of its carrying capacity. Chinese Environmental Law provides a comprehensive and structured analysis of the increasingly sophisticated Chinese environmental legal regime. It examines the regulation of pollution in detail, covering key environmental statutes, policies and plans, and investigates judicial innovation in the interpretation and application of environmental legal instruments. The book presents Chinese environmental law in action and in context. By discussing key institutions and processes, readers will understand the operation of the environmental law and policy, the dynamic interactions between state and non-state actors, and the special challenges to the implementation and enforcement of environmental law in the socio-economic and political context of China.

Global climate solutions depend on low-carbon energy transitions in developing countries, but little is known about how those will unfold. Examining the transitions of Brazil and South Africa, Hochstetler reveals how choices about wind and solar power respond to four different constellations of interests and institutions, or four simultaneous political economies of energy transition. The political economy of climate change set Brazil and South Africa on different tracks, with South Africa's coal-based electricity system fighting against an existential threat. Since deforestation dominates Brazil's climate emissions, climate concerns were secondary there for electricity planning. Both saw significant mobilization around industrial policy and cost and consumption issues, showing the importance of economic considerations for electricity choices in emerging economies. Host communities resisted Brazilian wind power, but accepted other forms. Hochstetler argues that national energy transition finally depends on the intersection of these political economies, with South Africa illustrating a politicized transition mode and Brazil presenting a bureaucracy-dominant one.

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.

There are many people and places connected to rivers: fishermen whose livelihood depends on river ecosystems, farms that need irrigation, indigenous groups whose cultures rely on fish and flowing waters, cities whose electricity comes from hydroelectric dams, and citizens who seek wild nature. For all of these people, instream flow is vitally important to where and how they live and work. Riverflow reveals the diverse and creative ways people are using the law to restore rivers, from the Columbia, Colorado, Klamath and Sacramento-San Joaquin watersheds in America, to the watersheds of the Tweed in England and Scotland, the Fraser in Canada, the Saru in Japan, the Nile in North Africa, and the Tigris-Euphrates in the Middle East. Riverflow documents that we already have the legal tools to preserve the ecological integrity of our waterways; the question is whether we have the political will to deploy these tools effectively.

Local Content and Sustainable Development in Global Energy Markets analyses the topical and contentious issue of the critical intersections between local content requirements (LCRs) and the implementation of sustainable development treaties in global energy markets including Africa, Asia, Europe, North America, Latin America, South America, Australasia and the Middle East While LCRs generally aim to boost domestic value creation and economic growth, inappropriately designed LCRs could produce negative social, human rights and environmental outcomes, and a misalignment of a country's fiscal policies and global sustainable development goals. These unintended outcomes may ultimately serve as disincentive to foreign participation in a country's energy market. This book outlines the guiding principles of a sustainable and rights-based approach - focusing on transparency, accountability, gender justice and other human rights issues - to the design, application and implementation of LCRs in global energy markets to avoid misalignments.

This innovative book models pollution mitigation as a negative externality whilst also providing desirable and useful solutions, such as establishing the triangular equivalence relationship among the Lindahl equilibrium without transfers, the Nash bargaining solution with the payoffs of the Cournot-Nash equilibrium as the status quo point, and the social optimum under the Lindahl weights. By introducing programming algorithms to validate these relationships numerically, Zili Yang bridges the gap between analytical results and empirical modelling, ultimately solving the Lindahl equilibrium and hybrid Nash equilibria in the influential RICE model. This text demonstrates the complexity and variety of environment externality problems, ranging from mixed externality to correlated externalities to environmental externality under IRS and policy applications. Integrating theory, algorithms and applications in a comprehensive framework, The Environment and Externality will benefit scholars and students working across environmental, resource and climate change economics.

Analyses and critiques the key regulatory and commercial dimensions of the oil and gas industryIn recent years, a great deal has changed in the oil and gas industry, from legal and regulatory change to falling oil prices. The contemporary oil and gas industry is now intensely focussed on cost-saving and the UK has radical redrawn its revenue-raising expectations.This updated third edition of 'UK Oil and Gas Law' has been published in two volumes: this volume focuses on resource management and regulatory law, while the other deals with commercial and contract law issues. The twin volumes bring together academic and practising lawyers, mainly based in Aberdeen, Europe's Energy Capital, to consider the key regulatory and commercial dimensions of an ever-changing hydrocarbon province.New for this editionA detailed analysis of the Wood Review and its implementation, including its effects on the licensing system and third party access to infrastructureA discussion of the the changing face of the UK's tax systemA new chapter on onshore shale developmentsAn expanded treatment of decommissioning issues, including a new chapter on Decommissioning SecurityContributorsJudith Aldersey-Williams, Partner, CMS, Nabarro and Olswang, Aberdeen.James Cowie, Trainee Solicitor, Jones Day, Aberdeen.Greg Gordon, Senior Lecturer in Law, University of Aberdeen.Luke Havemann, Senior Associate, Bowmans Oil & Gas Team in Cape Town, South Africa.Tina Hunter, Professor of Law, University of Aberdeen.Alexander Kemp, Schlumberger Professor of Petroleum Economics, University of Aberdeen.Steven Latta, Assistant Head of Transnational Education, Glasgow Caledonian University.John Paterson, Professor of Law and Vice Principal for Internationalisation, University of Aberdeen.Claire Ralph, Head of Tax, Falklands Island Government; formerly Oil and Gas UK and HM Treasury.Uisdean Vass, Senior Counsel, Womble Bond Dickinson, Aberdeen.Emre Uenmez, Lecturer in Law, University of Aberdeen.Constantinos Yiallourides, Teaching Fellow, University of Aberdeen.

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 arbitrators, academics, and industry experts from across the globe, the twenty 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 in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (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.

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.

Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional fisheries management organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.

There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.

Cross-border trade in electricity is rapidly expanding as a result of technical innovations, economic and geopolitical developments, and the ongoing decarbonisation of the electricity sector in response to climate change. The expansion of electricity networks and the integration of increasing shares of renewable energy (RE) electricity into the grid have made long-distance electricity flows both feasible and desirable. Drawing on the work of experts in trade and energy law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international trade in electricity, this book examines the most important challenges - technical, economic, legal and policy-related - posed by long-distance and sustainable electricity trade. The book explores the regulatory implications of the policy instruments aimed at supporting RE electricity and considers how best to promote greater overall coherence in international electricity governance.

Fossil fuel subsidies strain public budgets, and contribute to climate change and local air pollution. Despite widespread agreement among experts about the benefits of reforming fossil fuel subsidies, repeated international commitments to eliminate them, and valiant efforts by some countries to reform them, they continue to persist. This book helps explain this conundrum, by exploring the politics of fossil fuel subsidies and their reform. Bringing together scholars and practitioners, the book offers new case studies both from countries that have undertaken subsidy reform, and those that have yet to do so. It explores the roles of various intergovernmental and non-governmental institutions in promoting fossil fuel subsidy reform at the international level, as well as conceptual aspects of fossil fuel subsidies. This is essential reading for researchers and practitioners, and students of political science, international relations, law, public policy, and environmental studies. This title is also available as Open Access.

Global climate change is a topic of continuously growing interest. As more international treaties come into force, media coverage has increased and many universities are now starting to conduct courses specifically on climate change laws and policies. This textbook provides a survey of the international law on climate change, explaining how significant international agreements have sought to promote compliance with general norms of international law. Benoit Mayer provides an account of the rules agreed upon through lengthy negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) and multiple other forums on mitigation, geoengineering, adaptation, loss and damage, and international support. The International Law on Climate Change is suitable for undergraduate and graduate students studying climate, environmental or international law. It is supported by a suite of online resources, available at www.internationalclimatelaw.com, featuring regularly updated lists of complementary materials, weblinks and regular updates for each chapter.

Climate change governance is in a state of enormous flux. New and more dynamic forms of governing are appearing around the international climate regime centred on the United Nations Framework Convention on Climate Change (UNFCCC). They appear to be emerging spontaneously from the bottom up, producing a more dispersed pattern of governing, which Nobel Laureate Elinor Ostrom famously described as 'polycentric'. This book brings together contributions from some of the world's foremost experts to provide the first systematic test of the ability of polycentric thinking to explain and enhance societal attempts to govern climate change. It is ideal for researchers in public policy, international relations, environmental science, environmental management, politics, law and public administration. It will also be useful on advanced courses in climate policy and governance, and for practitioners seeking incisive summaries of developments in particular sub-areas and sectors. This title is also available as Open Access on Cambridge Core.

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.