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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources law
In recent years solar power has been on the march. Since the millennium global solar power generation capacity has grown from 1GW to 300GW and the growth curve is not linear; the last five years have seen a marked acceleration as technologies become more efficient, manufacturing prices come down and more countries adopt low carbon regulatory policies in which solar power can play a key part. China alone saw an increase of installed solar power capacity of 33GW in 2016 and the China PV Industry Association predicts an additional 20-30GW of growth by the end of 2017. The solar power market's dynamism is matched by its complexity. As well as advances in technology and manufacturing processes, and variations in how the technology is deployed, the regulatory and fiscal policies adopted in individual countries can vary widely. However, some common themes have emerged and the potential for further growth in solar power can perhaps be better discerned now than when the market was in its infancy. Solar Power: A Practical Handbook provides an in-depth analysis of various aspects of solar power including its commercial, technological and regulatory characteristics. It also provides a practical guide to developing, financing, acquiring and disposing of solar power projects. Whilst being a technology which has been adopted on a global basis, each jurisdiction has its own dynamics, so the book considers the market-specific aspects of solar power in a number of key locations including China, Japan, the US and others. The book concludes with a look at the future of solar power; its place alongside distributed generation, smart grids and power storage and the technologies, opportunities and challenges for the future. This book, featuring chapters by leading practitioners, will be of interest to lawyers, commercial managers, financiers and other consultants.
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.
International mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them. International arbitration has emerged as the mechanism of choice for the resolution of such disputes. This has given rise to a wealth of arbitral decisions from which certain principles specific to the mining sector are developing. This book is the first of its kind to bring together thorough analysis of arbitral decisions and insightful commentary on both dispute resolution and the business of mining, in order to provide a comprehensive guide to arbitration in the mining sector. Part I introduces the different parties involved in international mining projects; Part II explains the main risks and challenges involved in mining projects and how they result in different types of disputes; Part III provides practical advice for parties and counsel involved in international mining disputes, including in-depth analysis of the confidentiality issues that so often arise in connection with international mining disputes and the conditions and strategies for the settlement of these disputes; and Part IV examines the substantive principles applicable to international commercial and investor-State mining disputes.
It is a scientific fact that primary energy has always been one of the principal drivers behind the growth of human prosperity; it is also a scientific fact that its most efficient source, fossil based petroleum, is finite and subject to depletion. The economic fact that this book proves beyond doubt is that the unprecedented economic and financial problems that the world, particularly the high oil consuming nations, are currently facing are a result of the decreasing physical ability of the World to increase its capacity to produce more oil to power the demands of rising economic growth and population. This book is about examining the overwhelming importance of energy within the production, consumption, costs, growth and monetary creation of our modern economic system and human prosperity.
Mining of Hardrock minerals on federal lands is governed primarily by the General Mining Law of 1872. The law grants free access to individuals and corporations to search for minerals in public domain lands, and allows them, upon making a discovery, to stake a claim on that deposit. A claim gives the holder the right to develop the minerals and may be "patented" to convey full title to the claimant. This book explores the issue of whether this law should be reformed, and if so, how to balance mineral development with competing land uses.
In addition to having a low government take, the deep water Gulf of Mexico and other U.S. regions are attractive targets for investment because they have large remaining oil and gas reserves and the U.S. is generally a good place to do business compared to many other countries with comparable oil and gas resources. Multiple studies completed as early as 1994 and as recently as June 2007 indicate that the U.S. government take in the Gulf of Mexico is lower than that of most other fiscal systems. For example, data GAO evaluated from a June 2007 industry consulting firm report indicated that the government take in the deep water U.S. Gulf of Mexico ranked 93rd lowest of 104 oil and gas fiscal systems evaluated. Generally, other measures indicate that the United States is an attractive target for oil and gas investment. The lack of price flexibility in royalty rates -- automatic adjustment of these rates to changes in oil and gas prices or other market conditions -- and the inability to change fiscal terms on existing leases have put pressure on Interior and the Congress to change royalty rates in the past on an ad hoc basis with consequences that could amount to billions of dollars of foregone revenue. For example, royalty relief granted on leases issued in the deep water areas of the Gulf of Mexico between 1996 and 2000 -- a period when oil and gas prices and industry profits were much lower than they are today -- could cost the federal government between $21 billion and $53 billion, depending on the outcome of ongoing litigation challenging the authority of Interior to place price thresholds that would remove the royalty relief offered on certain leases. Further, royalty rate increases in 2007 are expected to generate modest increases in federal revenues from future leases offered in the Gulf of Mexico. However, in choosing to increase royalty rates, Interior did not evaluate the entire oil and gas fiscal system to determine whether or not these increases strike the proper balance between the attractiveness of federal leases for investment and appropriate returns to the federal government for oil and gas resources. Interior does not routinely evaluate the federal oil and gas fiscal system, monitor what other governments or resource owners are receiving for their energy resources, or evaluate and compare the attractiveness of federal lands and waters for oil and gas investment with that of other oil and gas regions. As a result, Interior cannot assess whether or not there is a proper balance between the attractiveness of federal leases for investment and appropriate returns to the federal government for oil and gas resources. Specifically, Interior does not have procedures in place for evaluating the ranking of (1) the federal oil and gas fiscal system or (2) industry rates of return on federal leases against other resource owners. Interior also does not have the authority to alter tax components of the oil and gas fiscal system. All these factors are essential to inform decisions about whether or how to alter the federal oil and gas fiscal system in response to changing market conditions.
ESA (Endangered Species Act) has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of species listing is habitat loss. Major issues in recent years have included the role of science in decision-making, critical habitat (CH) designation and procedures, protection by and incentives for property owners, and appropriate protection of listed species, among others. This new book presents the latest updates on the ESA and its impact.
This book provides an in-depth analysis of the application of "the EU Market Abuse Directive" to energy markets. The main provisions of "the Market Abuse Directive" are the prohibition of insider trading and market manipulation. Due to the close link between market abuse regulation and the need for transparency, this book also covers regulations concerning the disclosure of information. Following the liberalisation of the European energy markets, energy trading has become a significant growth industry. Trading in electricity and gas takes place both bilaterally and through organised marketplaces. In addition to trading in electricity and gas for physical delivery, financial trading - in commodity derivatives contracts related to the underlying commodities - has become increasingly important. This financial trading allows participants in the physical markets to hedge physical positions. The financial markets are therefore closely linked to the physical markets. In addition, financial energy markets provide opportunities for speculation, which highlights the similarities between these markets and other financial markets. The market abuse regulation applies to trading in financial instruments admitted to trading on so-called regulated markets. Regulated markets for electricity and gas contracts have been established in several European countries and are becoming increasingly important. The market abuse regulation constitutes part of the regulation of financial markets. However, the information of relevance to financial energy markets is generally connected to conditions in the underlying physical markets, and is therefore regulated by the authorities responsible for overseeing the physical markets. Thus, the subjects covered in this book can be seen as a separate field of law - energy market law - which combines the traditional disciplines of energy law and stock exchange/securities law. Both the markets and the regulations are experiencing rapid developments. In addition to analysing the provisions already in force, this book also provides a normative contribution to the development of this discipline of law.
The golden age of abundant, easy-to-access oil is over and, as a result, international oil and gas companies must search for new and more complex oil and gas provinces. Moreover, independent companies are adopting an even broader approach as they analyse unconventional plays. The 21st-century oil and gas industry increasingly demands a global approach as companies - both major and small - compete on the international stage. This fully updated second edition of our practical handbook, now in two volumes, takes an in-depth look at the most relevant petroleum provinces, summarising upstream regulation and key concerns in over 30 important and emerging oil and gas jurisdictions. Issues featured include the key terms of petroleum law, the types of legal arrangement in place, the fiscal terms, how to qualify to acquire acreage, governing law, dispute resolution mechanisms, decommissioning and governmental control. As a result, the book provides a comprehensive global resource for upstream investments. New areas of coverage for this edition include Algeria, Ecuador, Israel, Lebanon, Morocco and Oman. Many entities are keen to analyse and assess opportunities all over the world and so this book will appeal to a range of participants, including international oil companies, independents, national oil and gas companies, legal advisers and consultants, who need to understand the general requirements of oil and gas provinces and the respective best practices across the globe.
Following the success of International Energy Investment Law: The Pursuit of Stability, this updated and expanded second edition re-examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and states in the international energy industry. Over past years an unprecedented growth of international investment law in the form of BITs, MITs, other treaty-based instruments, and domestic legislation has fundamentally altered the legal framework and offers extensive scope for international arbitration in the event of disputes. A wave of unilateral state action has tested the system in a number of high-value commercial disputes, most evidently in Latin American, Eastern Europe, and sub-Saharan Africa; protection for investors is being tested as arbitrators develop new notions of legitimate expectation and give content to fair and equitable treatment, while mapping out more precisely the duties which investors owe to host states. This book critically examines the interaction between contract and treaty forms of stability in the new multi-tier setting, including highly detailed regional case studies of Latin America, Eastern Europe, and (new to this edition) Africa. Central to the new edition is its expanded content on renewable energy, including claims under the Energy Charter Treaty, and energy-related minerals now playing a key role in the transition to a low carbon economy; the updated chapter on environmental issues also addresses decommissioning and low carbon/climate change issues. The book also considers emerging issues in unconventional oil and gas, issues arising from energy network operation including transit, and damages issues arising in energy cases. Particular attention is paid to the practical impact of these issues and the enforcement of awards by arbitration tribunals and bodies such as the ICSID, the ICC, and the LCIA. In its concluding section, the book looks forward to new challenges arising from climate change, human rights, and environmental issues.
Oil and gas are key drivers of the world economy and the technical, commercial and legal applications which support their exploitation are becoming increasingly sophisticated. This new third edition of our best-selling title outlines in a single volume the essential principles involved in documenting oil and gas transactions, from the upstream exploration phase to transportation by pipeline and liquefied natural gas to sales and marketing. It is intended as a practical guide for anyone seeking a better understanding of the commercial and legal principles involved. Edited by Renad Younes, Partner at international law firm Ashurst, the fully updated third edition features contributions from leading practitioners including experts at Dentons, King & Spalding and Ashurst. Whether you are a lawyer in private practice or in industry, a commercial negotiator or from a financial institution or energy advisory practice, this title will provide a comprehensive insight into the oil and gas business.
Joint operating agreements (JOAs) are well-accepted standard agreements in the oil and gas industry which regulate the relationship between the parties to a joint venture: the operator and the non-operator. Traditionally, the operator is responsible for performing operations on behalf of the consortium, while the non-operator is responsible for contributing to the financial commitments of the joint venture. However, due to the strong position typically maintained by the operator, this structure does not always accurately reflect the non-operator's position. Unbalanced agreements can create uncertainty, increase the risk of litigation and even jeopardise the very existence of the consortium. Therefore, it is essential to understand the position of both parties in order to ensure a fair and reasonable negotiation, and this fully updated second edition provides an in-depth analysis of the JOA from the perspective of the non-operator. Coverage includes an examination of the relationship between operators and non-operators under general law, and an analysis of the critical issues facing non-operators in a JOA. In addition, this book reveals how a non-operator can seek to protect its interests - initially through tight control of operations and expenditures, and ultimately through adequate remedies to remove the operator and/or restrict its liability. Further, this edition provides recommendations to address these concerns and also includes the JOA model form from Mozambique as well as reviews of other JOA model forms explored in the first edition. JOAs are relevant to law, finance, human resources and operations. This book provides invaluable practical guidance for in-house counsel, private practitioners, executives, academics, international oil companies, national oil companies, independents and anyone interested in investing in the upstream sector.
Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, 'The prospects of energy transition', critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, 'Rules-based multilateral governance of the energy sector', details the development and sources of rules on energy. Part III, 'Competition and regulation in transboundary energy markets', discusses principal instruments of rules-based governance of energy. Part IV, 'Attracting investments and the challenges of multi-level governance', focuses on the critical governance of the right investments. This book is a flagship publication of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. It launches the Hart series 'Global Energy Law and Policy' and is edited by the series general editors Professors Peter D Cameron and Volker Roeben, and also Dr Xiaoyi Mu.
Acquisitions and divestitures are common occurrences in the international oil and gas industry, ranging in size and complexity from transformational mergers between supermajors to transactions at an individual asset level. These transactions are used in order to manage both costs and risks. Although the recent oil price slump has somewhat reduced the level of transactional activity, that level is expected to increase again in the near term. Low oil prices are creating an increasing number of distressed sellers and an increasing number of opportunistic buyers, including some that have not traditionally participated in the upstream oil and gas industry. Sale and purchase agreements relating to oil and gas assets are highly specialised, reflecting the unique nature and characteristics of the industry itself. This book, written by experienced and well-known practitioners from within the oil and gas industry, is intended to provide a practical review of the provisions typically included in such agreements. The second edition of this title includes updated and revised chapters from the first edition, as well as new chapters on: preliminary agreements (memoranda of understanding, letters of intent); disclosure letters; private equity transactions; warranty and indemnity insurance; and material adverse changes. This new edition aims to benefit lawyers and commercial negotiators working in the industry who handle sale and purchase transactions and who want to better understand the usual terms and conditions involved in those transactions. Legal professors and their students could also benefit from using the book as a teaching aid based on real-world experience.
Carbon Capture and Storage (CCS) is increasingly viewed as one of the most significant ways of dealing with greenhouse gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle the challenges raised but without stifling a new technology of potential great public benefit. These include: long-term liability for storage; regulation of transport; the treatment of stored carbon under emissions trading regimes; issues of property ownership; and, increasingly, the sensitivities of handling the public engagement and perception. Following its publication in 2011, Carbon Capture and Storage quickly became required reading for all those interested in, or engaged by, the need to implement regulatory approaches to CCS. The intervening years have seen significant developments globally. Earlier legislative models are now in force, providing important lessons for future legal design. Despite these developments, the growth of the technology has been slower in some jurisdictions than others. This timely new edition will update and critically assess these updates and provide context for the development of CCS in 2018 and beyond.
Minerals and mining are key to the world economy. The mining and processing of minerals are major sources of income and employment in many countries and minerals are used to make many essential goods that people and economies require worldwide. This practical title outlines in a single volume the essential principles involved in the life of a mining project, from preliminary agreements, to the sale and purchase of minerals, and the decommissioning of mining assets. It is intended as a practical guide for anyone seeking a better understanding of key commercial and legal principles and documentation involved in finding and developing a mining project. co-edited by Canadian law firm Cassels Brock & Blackwell's Darrell Podowski, a highly-ranked expert in mining law, and Jennifer Poirier, organiser of Canadian-based mining association, the Young Mining Professionals, this practical title features contributions from leading practitioners around the world. Whether you are a lawyer in private practice or in industry, a commercial negotiator or from a financial institution or mineral resource or mining-sector advisory practice, this title will provide a comprehensive insight into minerals and mining transactions.
The joint operating agreement (JOA) is probably one of the most relevant agreements in the upstream sector. The costs and risks involved in any upstream project are likely to be too great for any company to bear alone, and that's why it is fairly common for oil and gas companies to combine their efforts with others through joint ventures. The costs of a joint venture are usually controlled through mechanisms such as work programmes and budgets, authorisations of expenditure, and the awarding of contracts. But none of these mechanisms are going to regulate when and how the operator can issue a cash call, how the operator can charge the costs related to the joint venture, or how a non-operator can audit those costs. All of these detailed financial controls are exercised through agreed accounting procedures. Usually, these accounting procedures are set out in an attachment to the JOA. The attachment can be fairly lengthy and complex since it deals with one of the key issues of the consortium: expenditure. If the accounting procedures do not establish clear rules in that area, costs and associated exposure could increase significantly for the parties involved. This publication analyses and explores in detail what accounting procedures should apply, what the main issues are for an operator and a non-operator; and how the standard model forms address those issues. Several sets of JOA model forms (from AIPN, OGUK, Greenland and Norway, for example) are explored. Through the book, international oil companies, independents, national oil companies, legal advisers and consultants can learn how to perfect their accounting procedures and understand the risks and issues that they might face in the future
The international energy industry frequently gives rise to complex, high-value disputes. As economic and commercial circumstances change, joint venture partners may disagree over operations, sellers and buyers may manoeuvre to amend pricing terms and states may seek to improve their take from investment projects. Any of these outcomes can have significant consequences for the long-term prospects of companies operating in the sector. These are just some of the issues covered by this new title, which provides a practical, user-friendly overview of the essentials of dispute resolution in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the drafting of dispute resolution clauses, the effective use of international arbitration, the management of large-scale energy disputes, and the development of case law in oil and gas disputes, construction disputes, environmental disputes and disputes arising in the nuclear sector. Edited by Ronnie King, head of the arbitration team at international law firm Ashurst LLP, this title will be of practical value for all dispute resolution lawyers advising in the energy industry, and for others who have an interest in the important issues discussed.
This book examines the spectrum of risks posed to the development, financing, construction and operation of trans-boundary energy infrastructure and the tools that may be deployed to manage these risks. The book begins by examining trends in trans-boundary energy infrastructure and the nature of the risks - non-technical, technical and financing - which infrastructure development projects and existing operations must anticipate and manage. Individual categories of intergovernmental and host government risk will be viewed from the perspectives of leading international experts. These risks, and the tools applied to manage them, will also be viewed from the different viewpoints of the state and private sector counterparties, lenders, affected communities and other interested third parties, such as indigenous communities, individual landowners and the non-governmental organisations that typically represent their interests. Against a backdrop of global energy supply/demand dislocations, fragility in the global financial markets, increasing awareness of the impact of projects on individuals, communities and the environment (especially in the wake of the recent BP disaster in the Gulf of Mexico), and medium to longer-term concerns about security of supply and climate change, it is increasingly clear that the bandwidth of risks which infrastructure developers, operators and their advisers now need to be aware of is becoming much broader.
This title addresses one of the most talked-about sectors of recent times. Undoubtedly, there are political, technical, economic, commercial and legal challenges to meeting global, regional and domestic renewable, carbon and energy-efficiency targets. However, tremendous opportunities are open to those who understand the industry and its drivers. Featuring contributions by thought leaders in their fields from both the public and private sectors, this new book guides readers through key policy matters, broader challenges and future trends, all of which underpin the current and future direction of this sector. There is analysis of issues for financiers, risk identification, allocation and management and project structuring, with in-depth guidance on each. Given the diversity of technologies, specific chapters are dedicated to providing technical, commercial and legal guidance on wind, solar, hydro and embedded generation. Finally, the book considers clean coal technologies and carbon capture and storage which, although not renewable projects, have an important role to play in reducing global emissions and preserving a diversified fuel source mix. This book is aimed at those among the business community who want to understand how this sector will impact on their business, whether they be corporates, project developers, financiers or economists.
The Erice International Seminars are multidisciplinary seminars attended by over 100 eminent participants from all fields of Science. Each year, a few scientific issues are selected and experts are invited to present contrasting views during the plenary multidisciplinary sessions of the Seminar, followed by general debates. These sessions offer a unique opportunity for specialists to enlarge their fields of vision by being confronted to the ideas and suggestions from high level scientists in complementary domains of science. Associated workshops allow the experts to further refine and process the ideas evoked during the seminar. This year's topics are focused on the World Energy Crisis and more specifically on the Essential Technologies for Moderating Climate Change and Improving Energy Security and for Energy & Limits of Development. We also concentrated on Managing the Challenges of Climate Change, Energy Security and Pollution in Asian Countries. On Global Monitoring of the Planet we have focused on the Climate Change issues and specifically on the Sensitivity of Climate to Additional CO2 as indicated by Water Cycle Feedback Issues, Climate Uncertainties Addressed by Satellites, and the Basic Mathematics Needed for All Models. In Information Security we focused on Cyber Conflict and Cyber Stability. For Pollution and Medicine we focused on the Revolution in the Environmental Health Sciences and the Emergence of Green Chemistry.
Utility regulation in Britain has now entered a phase in which debate is no longer so much concerned with whether it is preferable to rival systems but with how to shape the'regulatory contract' in monopoly areas and, in potentially competitive areas, how to ensure rivalry.
First published in 2011, 'Risk and Energy Infrastructure' (Vol I) provided an inter-disciplinary analysis of the project-specific risk factors facing cross-border oil and gas pipelines, together with risk allocation and mitigation methodologies. Our fully updated and comprehensive Vol II looks beyond oil and gas pipelines and considers energy infrastructure more broadly in several important respects: *risk is examined in relation to gas and LNG infrastructure, oil transportation and refining, and low-carbon power production (eg, nuclear and renewable energy); *risk analysis is expanded beyond project-specific risk factors and covers systematic risks (including economic sustainability, master planning, corruption, lack of public sector capacity and cyber-security) and other risk factors that arise in the development of any project which is part of a more complex value chain and/or interdependent with the success or failure of other matters or events; *traditional assumptions underpinning project finance that focus on areas that are reflective of past events and experiences are challenged. As political, social and technological landscapes become ever more complex, there is an increasing need to assess risk from a broader perspective and, in particular, against potentially disruptive events and developments (eg, climate change) which could act to undermine (or promote) entire energy or infrastructure sectors. The book will provide a practical guide to energy infrastructure developers, legal and financing professionals, policy makers and academics.
As certain oil and gas provinces near the end of their production lives, companies, governments and other stakeholders are turning their attention to decommissioning. The price of disposing of oil and gas installations is enormous. Yet the costs of getting it wrong can be even greater. Part A of this fully updated second edition looks at decommissioning and the oil and gas life cycle. Part B contains chapters on decommissioning and international law. Part C focuses on decommissioning in the North Sea and contains chapters on government policy, environment law, offshore contracting, health and safety, financial and technical issues, further examined using a case study from a completed North Sea decommissioning project. Part D provides an international comparative analysis, with new chapters on Denmark, Namibia, Netherlands and New Zealand. As well as decommissioning professionals, this title will be of interest to oil and gas executives, lawyers, environmental consultants, tax advisers, accountants, insurers, investment bankers, academics and other professionals connected to the oil and gas industry. |
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