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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources law
The new edition of this book gives a comprehensive update and analysis of European law as it affects competition in EU energy markets, especially oil, gas and electricity. This includes all relevant directives, regulations, Treaty provisions (including the energy chapter in the draft EU Constitution), case law and decisions of the ECJ, the CFI and the European Commission competition authorities. Appropriate consideration is also given to the new developments in EU legal relations with Norway, Switzerland and other neighbouring countries. In this edition a special chapter examines the growing impact of environmental rules on the energy sector, especially with respect to renewable energy, nuclear power and the EU emissions trading scheme. A new section on the competition law framework explains and describes in detail the growing impact of competition law instruments such as merger control, state aid and antitrust in this sector. The new edition also explains the greatly enhanced role of the national energy regulatory authorities and the European Competition Network in enforcing law at the European level, as well as the various challenges that may be made to their decisions. The approach adopted in this edition is primarily analytical and practical, treating each problem that has arisen in application of the law and assessing the efficacy of the solution adopted. It examines the tensions that arise in the law as a result of conflicting policy objectives on environmental, internal market and security of supply concerns. The new edition draws on the insights of a high-level advisory panel of senior pracitioners, regulators and academics in the sector. The panel is made up of Professor Sir David Edward, formerly at the ECJ; Maria Rehbinder, the Head of Unit for Energy and Water at DG Competition, European Commission; David Newbery, economics professor at Cambridge University; and Michael Brothwood, solicitor and occasional advisor to the House of Lords Select Committee on Europe.
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.
The downturn in the oil commodity price starting in 2014 had a chilling effect on oil and gas M&A. However, recent price stabilisation has improved the outlook for M&A activity, making a second edition of this book most timely. A feature of the M&A industry has always been its variety of participants, ranging from integrated energy conglomerates to entrepreneurial frontier explorers. New entrants include state-owned oil companies, financial investors, diversifying service contractors and oil traders. With the growth of specialist stock markets, junior and independent oil companies are better able to raise acquisition finance than ever before, and companies specialising in end-of-life reservoirs are filling the spaces left as oil majors go in search of new opportunities. Transaction types are also diverse and are completed using a variety of different deal structures. As well as providing chapters on each type of acquisition method, this book also includes an analysis of the underlying structuring decisions. In addition, this practical guide covers a number of ancillary areas, including valuations, financing, tax and accounting. Decommissioning liability is also considered in an M&A context. A number of new chapters are also featured, covering topics such as competition law, environmental law and dealing with material adverse changes. This comprehensive new edition will prove an essential resource to anyone involved in the upstream industry M&A process including lawyers, bankers, financiers, business executives, accountants and tax advisers.
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.
The petroleum industry is highly specialised. Over the centuries, it has developed many standard petroleum arrangements and contracts that are not familiar to all across the industry - and even less to the outside world. Each has its own detailed terms and provisions. This new edition uniquely combines an encyclopaedia with commentary on both midstream and downstream activities. The topics it covers include energy policies; the relevant players in the sector - from governmental authorities to national oil companies; gas storage; the regulatory and contractual frameworks governing gas and sales agreements; liquefied natural gas; pipelines; distribution networks; and refineries. It has also been expanded with new chapters covering topics such as: Shipping; Antitrust; Third-party access; Taxation; and ESG. This approach enables all those involved in the petroleum industry to master the necessary legal terms in one publication. Chapters are written by leading experts from across the globe to provide the best industry practices and standards. The encyclopaedia will serve as a valuable tool for lawyers, industry professionals, consultants and academics who are interested in understanding the key legal terms and provisions of the oil and gas industry.
Lex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran. A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legal regime governing the upstream sector in the most important geographical region for the international oil and gas sector.
Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. This book provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully-fledged catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed animals, and the comparative advantages of constitutional, criminal, and administrative animal law. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic and cultural minorities, the book offers critical interdisciplinary perspectives, informed by posthumanist and postcolonialist discourse. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help move us toward a just global interspecies community. This is an open access title available under the terms of a CC BY-NC-ND 4.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Recent years have witnessed exciting developments in international negotiations, litigation, and scholarship about climate change, but doctrinal research in the field remains in its infancy. In particular, little is known about how fast states are required to limit and reduce their greenhouse gas emissions. The first part of the book identifies the relevant obligations through an analysis of treaties, custom, and other sources of international law. Beyond express quantified commitments contained for instance in nationally determined contributions, the book sheds light on the existence of general obligations of due diligence. While these general obligations are difficult to interpret, they are often more demanding. The second part explores how these general obligations can be applied objectively, for instance by a court, in concrete cases. Instead of an improbable judicial assessment of a state's requisite level of mitigation action, the book shows the possibility of assessing a state's conduct based on the measures that general mitigation obligations entail. These measures relate to corollary duties of cooperation, vigilance, and consistency. This book presents a first comprehensive doctrinal study of states' obligations on climate change mitigation. It shows that such obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and, possibly, human rights treaties. It also explores the interactions between these multiple obligations.
Intellectual property has always played a key role supporting the protection and exploitation of technology and brands of businesses operating in the energy sector. The management of IP is arguably more important than ever as we transition to more renewable energy sources and reduced emissions, and see an energy market increasingly disrupted by start-ups challenging the dominance of the traditional oil and gas majors. This Special Report looks at the challenges and opportunities that intellectual property issues present for different areas of this broad and rapidly changing sector, including: Upstream: exploration and production of hydrocarbons across the full lifecycle of oil and gas fields. Downstream: oil and gas processing technology and resulting differentiated fuel and lubricant products. Renewables: a look at the role of IP in supporting renewables businesses, with a spotlight on a solar start-up. Digitalisation: the transformational impact of artificial intelligence and machine learning on the sector as a whole and how IP rights underpin this. Standard Essential Patents: how patents on wireless interoperability, at one time solely the domain of the telecoms industry, are increasingly applicable in the energy sector, and the licensing challenges this raises. Brand and reputation: how energy businesses seek to protect and exploit their brands and reputations as well as their technology, in order to differentiate themselves in an intensely competitive market. This report is essential reading for legal advisers and anyone in a commercial role dealing with the energy sector who is seeking a deeper understanding of the vital role intellectual property plays in shaping and achieving business objectives.
This fourth edition of the leading work on joint operating agreements (JOAs) provides a practical examination of the provisions of a typical JOA, with a particular focus on the critical issues of scope, the operator's role, joint and exclusive operations, default, transfers and decommissioning. There is also practical analysis of the key issues which apply to the operation of any JOA and the positions which are taken in the leading industry model form contracts. The perspectives of the operator and non-operator are addressed, along with consideration of the domestic and international standards applicable to petroleum projects. New features include: *a major reorganisation of chapters and appendices to present a clearer thematic approach; *greater analysis of the key differences between JOAs operating under licence regimes and concession agreements; *new chapters on information, intellectual property and technology licensing and sharing, and relevant antitrust rules; *consideration of recent model form JOA developments; and *analysis of the application of key recent case law on liquidated damages, default clauses and operator authority. Anyone engaged in the development of worldwide exploration and production projects will find Joint Operating Agreements: A Practical Guide, Fourth Edition an essential addition to their professional library.
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.
This assessment, strategy, and road map documents the status and strategic priorities of the Philippines' energy sector. This publication highlights sector performance, development constraints, government plans and strategies, past support of the Asian Development Bank (ADB) and other development partners, and the strategy for future ADB support in the energy sector. It also provides sector background information for investment and technical assistance operations. The assessment is based on a systematic review of the Philippines' energy sector and consultations with the government and other development partners.
Identifies good practices for targeting limited financial resources to conduct integrity due diligence checks for extractive sector licensing. Principles contained will help countries to meet EITI beneficial ownership disclosure requirements to improve integrity and transparency in regulatory licensing processes in extractive sectors.
Renewable energy has become a game changer in Europe and on the national energy markets. It started in the last decade with low participation in the market-driven primarily by traditional hydro with some use of biomass-to becoming the big winner in new capacity across Europe and the world. More recently, access to renewables in the market is being organized differently in the EU 28 Member State, with some established patterns-such as priority grid access, and a majority of countries utilising various feed-in mechanisms- steered by the Directorate General for Competition of the EU Commission towards auctioning systems. We have seen progress and roll-back, legal and investor certainty and the exact opposite. It is no longer so much about market access of renewables but about a new market design. Incumbent energy production becomes the obstacle for system change. The coming decade will have further barriers but the pathway towards sustainabil- ity is set, with different speed restrictions in the various member states; a look across the pond to the United States provides further insight. This new book, Volume III - Renewable Energy in the Member States of the EU, covers a broad overview of the latest developments in the EU member states in the renewable energy sector, as well as on energy efficiency. The book describes energy market legislation with a special focus on market design and system integration, including support mechanisms, grid access, licensing, planning, auto production, interconnection, network planning, and security of supply. It also elaborates on structural fund use within this sector.
As climate change makes the Arctic a region of key political interest, so questions of sovereignty are once more drawing international attention. The promise of new sources of mineral wealth and energy, and of new transportation routes, has seen countries expand their sovereignty claims. Increasingly, interested parties from both within and beyond the region, including states, indigenous groups, corporate organizations, and NGOs and are pursuing their visions for the Arctic. What form of political organization should prevail? Contesting the Arctic provides a map of potential governance options for the Arctic and addresses and evaluates the ways in which Arctic stakeholders throughout the region are seeking to pursue them.
This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.
Title 30 presents regulations governing mineral lands and mining applied by the United States Bureau of Mines.
From its regional beginnings, the business of liquefied natural gas (LNG) has been transformed into a broad industry that now spans the globe. The production and liquefaction of natural gas and its shipping, regasification and use bring together diverse producer and consumer jurisdictions as well as international oil companies and trading businesses, under many different forms of contractual arrangement. This practical title is being updated to take into account the rapidly shifting arrangements and participations in the international LNG sector. It features contributions from leading oil and gas companies, consultancies and law firms, by writers who are specialists in their fields. The content spans the latest developments in traditional LNG matters such as structuring projects, sale and purchase agreements and shipping, as well as chapters on LNG from shale and unconventional sources, the forced reopening of contract terms over time and the growing role of smaller and floating LNG developments. Together, the contributors provide a rare guide to the legal, regulatory, political and practical elements of today's LNG business. Whether you are a lawyer in private practice or from a national or international oil company, utility business, ship broking or ship building firm, bank or energy advisory practice, this commercially focused title will provide you with the latest holistic insights into the business and law of LNG.
The production of oil and natural gas in the United States has increased rapidly over the past decade. As of 2014, domestic production of crude oil had grown to about half of total consumption, and domestic production of natural gas represented almost 95 percent of total consumption. Domestic oil and gas production occurring on federal lands or in federal waters off the coast of the United States represented about one-fifth of total U.S. production in 2014. The Energy Information Administration (EIA) projects crude oil prices to average in the lower to upper $50 per barrel range through 2015. This lower price, if sustained, may impact long term oil development and lower production volumes. This book focuses on issues and options for federal income from crude oil and natural gas. It discusses potential budgetary effects of immediately opening most federal lands to oil and gas leasing, reviews U.S. crude oil and natural gas production in federal and non-federal areas, and provides a legal framework for offshore oil and gas development.
This new guide to oil and gas trading aims to fill a gap not currently supplied by other reference books on sale-of-goods law and charters by focusing on the day-to-day realities of trading in the sector. It examines the way in which the oil and gas market operates in practice, taking note of real-life situations that can arise. Featured chapters are written by expert professionals who have hands-on experience of working in the oil and gas market and who can therefore describe to readers the issues to watch out for. Topics covered include international oil and gas trading contracts, trade finance, hedging, insurance, delivery, carriage, damages and even the effect of international oil and gas sanctions. Indeed, the guide contains a succinct account of all the main legal and practical areas that are relevant to trading in the sector. The publication will be of relevance and interest to all those involved in oil and gas trading.
Solar Power Generation Problems, Solutions, and Monitoring is a valuable resource for researchers, professionals and graduate students interested in solar power system design. Written to serve as a pragmatic resource for solar photovoltaic power systems financing, it outlines real-life, straightforward design methodology. Using numerous examples, illustrations and an easy to follow design methodology, Peter Gevorkian discusses some of the most significant issues that concern solar power generation including: power output; energy monitoring and energy output enhancement; fault detection; fire and life safety hazard mitigation; and detailed hardware, firmware and software analytic solutions required to resolve solar power technology shortcomings. This essential reference also highlights the significant issues associated with large scale solar photovoltaic and solar power generation technology covering design, construction, deployment and fault detection monitoring as well as life safety hazards.
A Guide to the Reservoirs Act 1975 provides expert guidance on the application of the Reservoirs Act 1975, reflecting the current views and practices of the dam engineering profession. This fully updated second edition incorporates the latest amendments to the Flood and Water Management Act, reflecting a more risk-based approach to reservoir regulation. These approaches include reducing the capacity at which a reservoir will be regulated from 25,000m3 to 10,000m3, and ensuring that only these reservoirs assessed as a higher risk are subject to regulation.
Pressing economic, energy security, and environmental concerns are driving rapid growth in global investments in renewable energy, energy efficiency, and other clean energy technologies. The U.S. government has an unparalleled opportunity to join forces with the private sector, international institutions, and other countries to accelerate this global clean energy market transformation and capture vital domestic benefits. This book examines how U.S. international clean energy leadership can produce enormous benefits domestically and internationally.
The debate over the use of copyright law to prevent competition and interoperability in the global software industry. We live in an interoperable world. Computer hardware and software products from different manufacturers can exchange data within local networks and around the world using the Internet. The competition enabled by this compatibility between devices has led to fast-paced innovation and prices low enough to allow ordinary users to command extraordinary computing capacity. In Interfaces on Trial 2.0, Jonathan Band and Masanobu Katoh investigate an often overlooked factor in the development of today's interoperabilty: the evolution of copyright law. Because software is copyrightable, copyright law determines the rules for competition in the information technology industry. This book-a follow-up to Band and Katoh's successful 1995 book Interfaces on Trial-examines the debates surrounding the use of copyright law to prevent competition and interoperability in the global software industry in the last fifteen years. Band and Katoh are longtime advocates for interoperable devices but present a reasoned view of contentious issues related to interoperability issues in the United States, the European Union, and the Pacific Rim. They discuss such topics as the protectability of interface specifications, the permissibility of reverse engineering (and legislative and executive endorsement of pro-interoperability case law), the interoperability exception to the U.S. Digital Millennium Copyright Act and the interoperability cases decided under it, the enforceability of contractural restrictions on reverse engineering; and recent legal developments affecting the future of interoperability, including those related to open source-software and software patents. |
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