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.

This collection invites environmental law scholars to reflect on what it means to be an environmental law scholar and to consider how and why environmental law scholars engage in environmental law scholarship. Leading environmental law scholars from different backgrounds and jurisdictions offer their personal reflections on the nature, form, quality and challenges of environmental law scholarship. The collection offers the first honest introspection on what environmental law scholarship is and is not. It considers the unique contributions of environmental law scholarship to legal scholarship more generally, reflecting on what sets environmental law scholarship apart from other disciplines of legal scholarship and the challenges arising from these differences.

The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other's urgent interests as we go about our lives in civil society. The most influential contemporary account of tort law treats tort liability rules as shadow prices. Their role is not to vindicate claimants' own rights and interests, but to induce us to injure one another only when it is economically efficient to do so. The chief competitors to the economic view take tort law's importance to lie primarily in the duties of repair that it imposes on wrongdoers, or in the powers of recourse that it confers on the victims of tortious wrongs. This book argues that tort law's primary obligations address a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility. Modern tort law is preoccupied with, and responds to, the special moral significance of harm. That special significance sometimes justifies standards of precaution more stringent than those prescribed by efficiency. This book also examines the regulatory and administrative institutions with which the common law of torts cooperates and competes, treating these as part of a continuum of institutions that instantiate the primary role pursued by modern tort law - that is, to protect our physical integrity and other essential interests from impairment and interference by others, and to do so terms that all those affected might accept as justifiable.

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.

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.

Electricity Decentralization in the European Union: Towards Zero Carbon and Energy Transition, Second Edition examines progress in decentralization across the European Union, with each chapter focusing on developments and innovations in a specific country. Sections provide an overview of the current role and state of smart grids, the conceptualization of energy transition, and specific cases across all EU states. Across the chapters, regulatory frameworks are assessed to identify to what extent it is conducive to decentralization, with specific outcomes of decentralization covered in detail, including deployment of smart grids and meters, demand response, electric vehicles, and storage. The book highlights how specific EU member states are progressing towards deployment of these tools and technologies, along with the specific needs and regulatory barriers in each and recommendations for how regulation can be more encouraging. In addition, electricity interconnections in the EU are considered as a vital step towards decentralization in order to boost energy security and energy efficiency. Finally, the book includes a detailed examination of data protection concerns that arise from the advent of new technologies that collect personal information, such as smart grids, assessing current regulation on data protection and identifying areas for improvement, as well as innovative finance options for sustainable energy.

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.

This collection invites environmental law scholars to reflect on what it means to be an environmental law scholar and to consider how and why environmental law scholars engage in environmental law scholarship. Leading environmental law scholars from different backgrounds and jurisdictions offer their personal reflections on the nature, form, quality and challenges of environmental law scholarship. The collection offers the first honest introspection on what environmental law scholarship is and is not. It considers the unique contributions of environmental law scholarship to legal scholarship more generally, reflecting on what sets environmental law scholarship apart from other disciplines of legal scholarship and the challenges arising from these differences.

Forests play an important role in resolving global challenges such as sustainable development, climate change, biodiversity loss, and food and water security. Stopping deforestation is crucial for the future of our planet. Global efforts to curb deforestation, have been partially successful, but have largely fallen short. At the same time, national level efforts to support human development, reflected in the United Nations (UN) Sustainable Development Goals, aim to increase the welfare and wellbeing of populations living in poverty. Meeting these development goals will inevitably have crosscutting effects on initiatives to address deforestation. In balancing these goals, policy makers are confronted with wicked problems - or problems where there are moral considerations and where limited information is available for policy makers. This book is focused on how wicked forest policy problems have been, and can be, addressed.

2014 Reprint of 1959 Edition. Full facsimile of the original edition, not reproduced with Optical Recognition Software. The relevance and importance of Samuel P. Hay's book, "Conservation and the Gospel of Efficiency," has only increased over time. Written over a half a century ago, it offers an invaluable history of the conservation movement's origins, and provides an excellent context for understanding contemporary environmental problems and possible solutions. Against a background of rivers, forests, ranges, and public lands, this book defines two conflicting political processes: the demand for an integrated, controlled development guided by an elite group of scientists and technicians and the demand for a looser system allowing grassroots impulses to have a voice through elected government representatives.

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. The purpose of this book is to propose an innovative vision on the development process of the enlarged Mediterranean region. Triangulating the Gulf Cooperation Council, North Africa and the European Union into a unique cooperation scheme, the book highlights the strong complementarity that exists between these regions in the field of renewable energy. The wide availability of Sovereign Wealth Funds' capital in the Gulf Cooperation Council, the great renewable energy potential of North Africa and the institutional support of the European Union are the three main pillars of this cooperation scheme. This triangulation would enhance not only the energy outlook of the overall Mediterranean region, but also its socio-economic development, ultimately promoting an enlarged area of cooperation, stability and peace.This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. The purpose of this book is to propose an innovative vision on the development process of the enlarged Mediterranean region. Triangulating the Gulf Cooperation Council, North Africa and the European Union into a unique cooperation scheme, the book highlights the strong complementarity that exists between these regions in the field of renewable energy. The wide availability of Sovereign Wealth Funds' capital in the Gulf Cooperation Council, the great renewable energy potential of North Africa and the institutional support of the European Union are the three main pillars of this cooperation scheme. This triangulation would enhance not only the energy outlook of the overall Mediterranean region, but also its socio-economic development, ultimately promoting an enlarged area of cooperation, stability and peace.

Capacity remuneration mechanisms (or simply capacity mechanisms) have become a fact of life in member states' energy markets and are one of the hottest topics in the wider European regulatory debate. Concerned about the security of electricity supply, national governments are implementing subsidy schemes to encourage investment in conventional power generation capacity, alongside already heavily subsidized renewable energy sources. With the increasingly connected European electricity markets, the introduction of a capacity mechanism in one country not only tends to distort its national market but may also have unforeseeable consequences for neighbouring electricity markets. As these mechanisms are adopted by member states with limited supra-national coordination as well as consideration for the cross-border impact, they tend to cause serious market distortions and put the future of the European internal electricity market at risk. This second edition will take stock of how capacity mechanisms have actually worked so far and consider the consequences they have for the European internal electricity market. It will include a detailed overview of national capacity mechanisms, their implications for the EU internal market, and will outline the nature of market failures which are likely to occur in the European electricity markets. This edition is intended to serve as a point of reference for regulators and policy-makers on how to design optimal capacity mechanisms in Europe. It will be an invaluable resource for anyone interested in energy market design, regulation, and competition issues.

Conversations about energy law and policy are paramount, undergoing new scrutiny and characterizations. Energy Follies: Missteps, Fiascos, and Successes of America's Energy Policy explores how a century of energy policies, rather than solving our energy problems, often made them worse; how Congress and other federal agencies grappled with remedying seemingly myopic past decisions. Sam Kalen and Robert R. Nordhaus investigate how misguided or naive energy policy decisions caused or contributed to past energy crises, and how it took years to unwind their effects. This work recounts the decades-long struggles to move to market supply and pricing policies for oil and natural gas in order to make competition work in the electric power industry and to tame emissions from the coal fleet left to us by the 1970s coal policies. These historic policies continue to present struggles, and this book reflects on how future challenges ought to learn from our past mistakes.

This book is the first stocktaking of what the decarbonization of the world economy means for fossil fuel-dependent countries. These countries are the most exposed to the impacts of global climate policies and, at the same time, are often unprepared to manage them. They depend on the export of oil, gas, or coal; the use of carbon-intensive infrastructure (for example, refineries, petrochemicals, and coal power plants); or both. Fossil fuel-dependent countries face financial, fiscal, and macro-structural risks from the transition of the global economy away from carbon-intensive fuels and the value chains based on them. This book focuses on managing these transition risks and harnessing related opportunities. Diversification and Cooperation in a Decarbonizing World identifies multiple strategies that fossil fuel-dependent countries can pursue to navigate the turbulent waters of a low-carbon transition. The policy and investment choices to be made in the next decade will determine these countries' degree of exposure and overall resilience. Abandoning their comfort zones and developing completely new skills and capabilities in a time frame consistent with the Paris Agreement on climate change is a daunting challenge and requires long-term revenue visibility and consistent policy leadership. This book proposes a constructive framework for climate strategies for fossil fuel-dependent countries based on new approaches to diversification and international climate cooperation. Climate policy leaders share responsibility for creating room for all countries to contribute to the goals of the Paris Agreement, taking into account the specific vulnerabilities and opportunities each country faces.

Innovation and Disruption at the Grid's Edge examines the viable developments in peer-to-peer transactions enabled by open platforms on the grid's edge. With consumers and prosumers using more electronic platforms to trade surplus electricity from rooftop solar panels, share a storage battery, or use smart gadgets that manage load and self-generation, the grid's edge is becoming crowded. The book examines the growing number of consumers engaging in self-generation and storage, and analyzes the underlying causes and drivers of change, as well as the implications of how the utility sector-particularly the distribution network-should/could be regulated. The book also explores how tariffs are set and revenues are collected to cover both fixed and variable costs in a sustainable way. This reference is useful for anyone interested in the areas of energy generation and regulation, especially stakeholders engaged in the generation, transmission, and distribution of power.

This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.

A unified theory of conservation that addresses the broad problem of conservation, the principles that inform conservation choices, and the application of those principles to the management of the natural world. The conservation of natural resources, like that of any other asset, involves trade-offs. Yet, in a world faced with the harsh realities of climate change, crafting the right environmental policies is an increasingly urgent task. In Conservation, Charles Perrings and Ann Kinzig bring together new research in economics and biodiversity to investigate conservation decisions and the theory behind them. Perrings and Kinzig apply the concept of conservation broadly to examine how the principles of conservation apply to the management of the natural world. They demonstrate that the same basic principles serve as the foundation of all rational conservation decisions, from managing financial assets to safeguarding at-risk ecosystems. Whether someone is deciding to hold or dispose of a stock or whether to exploit or preserve a natural resource, they are better off choosing to conserve a resource when its value to them, if conserved, is greater than its value when converted. The book also considers the context of such conservation decisions. Just as national tax rules influence choices about financial investments, environmental regulations within countries, and environmental agreements between countries, impact the decisions regarding natural resources. Building on their basic theory of conservation, Perrings and Kinzig address key issues in the field of environmental economics, including the valuation of ecosystem services and environmental assets; the limits on the substitutability of produced and natural capital; and the challenges posed by the often weak markets for ecosystem services oriented toward the public good. They also address the problem of scale: while decisions might be easier to make at the local level, many conservation policies need to apply at either the national or international level to succeed. Written by experts from both social and hard sciences, this book presents a unified theory of conservation and provides a model for a more effective way to approach the vitally important issue.

Energy justice has emerged over the last decade as a matter of vital concern in energy law, which can be seen in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights, consumer protection, international law and trade, and in many forms of regional and national energy law and regulation. This edited collection explores in detail at four kinds of energy justice. The first, distributive justice, relates to the equitable distribution of the benefits and burdens of energy activities, which is challenged by the existence of people suffering from energy poverty. Secondly, procedural (or participation) justice consists of the right of all communities to participate in decision-making regarding energy projects and policies that affect them. This dimension of energy justice often includes procedural rights to information and access to courts. Under the concept of reparation (or restorative) justice, the book looks at even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the collection addresses social justice, with the recognition that energy injustice cannot be separated from other social ills, such as poverty and subordination based on race, gender, or indigeneity. These issues feed into a wider conversation about how we achieve a 'just' energy transition, as the world confronts the urgent challenges of climate change.

The 1990s and 2000s have witnessed a spurt of energetic institution-building in the developing world, as regulatory agencies emerge to take over the role of the executive in key sectors. This rise of the regulatory state of the south is barely noticed both by scholars of regulation and of development, let alone adequately documented and theorized. Yet the consequences for the role of the state and modalities of governance in the south are substantial, as politically charged decisions are handed over to formally technocratic agencies, creating new arenas and forms of contestation over the gains and losses from development decisions. Moreover, this shift in the developing world comes at a time when the regulatory state in the north is under considerable stress from the global financial crisis. Understanding the regulatory state of the south, and particularly forms of accommodation to political pressures, could stimulate a broader conversation around the role of the regulatory state in both north and south. This volume seeks to provoke such a discussion by empirically exploring the emergence of regulatory agencies of a range of developing countries across Asia, Africa, and Latin America. The cases focus on telecommunications, electricity, and water: sectors that have often been at the frontlines of this transition. The central question for the volume is: Are there distinctive features of the regulatory state of the South, shaped by the political-economic context of the global south in the last two decades? To assist in exploring this question, the volume includes brief commentaries on the case studies from a range of disciplines: development economics, law and regulation, development sociology, and comparative politics. Collectively, the volume seeks to shape the contours of a productive inter-disciplinary conversation on the emergence of a significant empirical phenomenon - the rise of regulatory agencies in the developing world - with implications both for the study of regulation and the study of development.

This work is the only current, single volume coverage of the the latest EU energy legislation and its application on the context of the rules of the EU Treaties. Providing a comprehensive account of EU energy law following the adoption of the third energy package in 2009 this book focuses on internal market issues and the applicable rules and developments in energy law. It covers key issues such as environmental and contractual matters, and the roles and responsibilities of regulatory authorities, including the new Agency for the Cooperation of Energy Regulators (ACER). As well as the Third Package Directives in the Electricity and Gas Internal market, the work covers a wealth of other recent legislative material, including the accompanying Regulations on cross-border trade in gas and electricity, the ACER Regulation, the Regulation on Energy Market Integrity and Transparency, the Second Renewables Directive, the Gas Security of Supply Regulation, the Carbon Capture and Storage Directive, as well as proposals for the new Energy Efficiency Directive. Relevant case law from the free movement and competition fields is integrated into the substantive analysis of particular topics including detailed analysis of PreussenElektra, cases on security of supply, and various competition law decisions and cases concerning, for example, essential facilities and long-term contracts (involving capacity reservation and destination clauses etc). In addition to discussing energy contracts generally, the work also analyses regulatory problems relating to energy contracts which are not covered by other books in the field. Pre-existing long-term contracts raise problems relating to investment law (under the Energy Charter Treaty, bilateral investment treaties, etc) and fundamental rights law (property rights protection). New long-term contracts raise both regulatory and competition law questions which are also discussed. Coverage also includes the evolution of the EU's energy legislation; the liberalization of energy markets after the third package; security of supply; energy sources; and energy efficiency. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here in a revised and expanded form for the benefit of those who do not subscribe to the looseleaf.

Networks like cables and pipelines are essential for a functioning energy market. This book provides a clear and insightful overview of the legal challenges this poses in the modern world. The construction and use of these networks depends on developments in technology, policies, and legal regulation. Recently, the energy sector has been faced with considerable challenges and changes. Energy liberalisation and deregulation, and the fact that traditional energy supplies like fossil fuels and large hydro plants are increasingly located far from the area of demand has drastically changed the energy landscape. The need for new sources of energy supply can therefore be found all over the world. This book investigates the challenges that face governments engaged in this renewal, particularly since in many cases these networks are, by necessity, international. The construction of new networks always involves the application of planning and environmental laws, and the complications these pose only increase as networks pass through the territory of several different countries. This book analyzes the evolution of this area from several angles, both geographical and legal. The authors combine knowledge and expertise from a variety of sources and backgrounds to present an invaluable overview of the regulatory developments and perspectives that shape the legal frameworks in which governments develop these networks, and the way in which account must be taken of new sources of energy by law-makers.

Water justice is becoming an ever-more pressing issue in times of increasing water-based inequalities and discrimination. Megacities, mining, forestry, industry and agribusiness claim an increasingly large share of available surface and groundwater reserves. Water grabbing and pollution generate poverty and endanger ecosystems' sustainability. Beyond large, visible injustices, the book also unfolds the many 'hidden' water world injustices, subtly masked as 'rational', 'equitable' and 'democratic'. It features critical conceptual approaches, including analysis of environmental, social, cultural and legal issues surrounding the distribution and management of water. Illustrated with case studies of historic and contemporary water injustices and contestations around the world, the book lays new ground for challenging current water governance forms and unequal power structures. It also provides inspiration for building alternative water realities. With contributions from renowned scholars, this is an indispensable book for students, researchers and policymakers interested in water governance, environmental policy and law, and political geography.

Natural resources and their effective management are necessary for securing the realisation of human rights. The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace and security, but it is also intimately connected to the political, economic, social and cultural rights of individuals and communities relying on these resources. The management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms and weak policies coupled with a continued denial of the human rights of local communities. This book argues that human rights law can play an important role in ensuring a more effective and sustainable management of natural resources, putting forward the idea of a human rights-based normative framework for natural resource management. It offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.

Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' law measures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather than mandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level differences are critical yet they mask equally important transatlantic policy convergences.
The US and the EU are pivotal players in the development of the international climate change regime. How these two entities structure climate change laws and policies profoundly influences the shape and success of climate change laws and policies at multiple levels of governance. This book suggests that the overall structures and processes of climate change law and policy-making in the US and the EU are intricately linked to international policy-making and, thus, the long-term success of global efforts to address climate change. Accordingly, the book analyses the content and process of climate change law and policy-making in the US and the EU to reveal policy convergences and divergences, and to examine how these convergences and divergences impact the ability of the global community to structure a sustainable, effective and equitable long-term climate strategy.

The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world.
With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment.
The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.