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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources law
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.
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.
Historically, oil and gas upstream activities were largely open to foreign investment. However, nationalisation in recent decades has concentrated the vast majority of natural resources in the hands of national oil companies (NOCs). Therefore, independent oil companies (IOCs) are increasingly likely to deal with NOCs as a partner. The joint operating agreement (JOA) was intended as a private document that regulates relationships between private investors. Recent developments under several local laws require the participation of NOCs at some stage of the JOA. In addition, many NOCs are now operating internationally, such as Statoil, Gazprom and CNPC. JOAs will thus be affected, as public or semi-public entities are more likely to be party to a document which was originally constructed for private investors. This major work analyses the critical concerns and challenges that IOCs and NOCs face in this new type of consortium, and will ultimately suggest alternative solutions to find common ground between these parties. The book is divided into three chapters, which respectively deal with the supervision & conduct of operations, the financial and accounting issues relating to the consortium, and the other relevant provisions of the agreement. Each chapter will include analysis from the perspectives of four different types of company - large IOCs, large NOCs, young IOCs and young NOCs. This approach will provide a detailed picture of the JOA from the point of view of all players in the oil and gas industry, from small to large companies and private to public entities. This new edition, which is written by three relevant experts in the industry, updates the previous content and addresses new hot issues like compliance, conflict of interests, corporate and social responsibility and price volatility. It serves as an invaluable guide for IOCs, independents, NOCs, consultants, legal advisers and consultants who need to understand the implications of having an NOC as a party to a JOA.
Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
Title 10 presents regulations governing energy resources; nuclear, oil, alternative fuels, and natural gas; energy sales; and energy conservation.
Technological advancement, financial incentives, and policy concerns have driven a global expansion in the development of renewable energy resources. Recent concerns over energy supply and pricing have led some to look increasingly to federal lands as a potential energy source. Wind energy, in particular, is now often cited as the fastest-growing commercial energy source in the world. Currently, all U.S. wind energy facilities are based on land. However, multiple offshore projects have been proposed and are at various stages of the federal permitting process. This book discusses various energy projects in federal jurisdictions including wind energy and offshore oil and gas development.
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.
As major energy legislation moved to conference, the high price of gasoline remained a major consideration. The legislative proposals of past Congresses have contained numerous provisions that would affect gasoline supply and demand. This is true also of the Energy Policy Act of 2005, H.R. 6, both the version passed by the House April 21, and the Senate bill, passed June 28. A large number of factors combined to put pressure on gasoline prices, including increased world demand for crude oil and US refinery capacity inadequate to supply gasoline to a recovering national economy. The war and continued violence in Iraq added uncertainty and a threat of supply disruption that added pressure particularly to the commodity futures markets. Numerous provisions in legislative proposals in the 108th Congress addressed perceived problems in the oil and gasoline markets. A comprehensive energy policy bill was reported out of conference and approved by the House, but several issues kept the bill from passing the Senate. Among the most controversial were provisions regarding the use of ethanol and the additive methyl tertiary butyl ether (MTBE) in motor fuel, proposals to open up part of the Arctic National Wildlife Refuge (ANWR) to oil and gas development, measures concerning corporate average fuel economy (CAFE) standards, and proposals to aid construction of new refineries and to harmonise state "boutique fuels" standards. In the 109th Congress, the House passed a comprehensive bill, H.R. 6, with many of the same provisions of the bill considered in the previous Congress. As before, MTBE and ANWR, included in the House-passed bill, remain controversial. The House bill added another controversial provision, giving the Federal Energy Regulatory Commission (FERC) overriding authority over state entities in licensing terminals to receive and process liquefied natural gas. In the Senate version of H.R. 6, the MTBE safe harbour provision has been omitted. The Senate bill contains a provision, not in the House-passed version, directing the President to take measures to reduce total demand for petroleum by one million barrels per day (mbd) by 2015. An amendment by Senator Cantwell, which would have set the goal of reducing petroleum imports by 40% by 2025, was defeated on the floor by a vote of 47-53. The gasoline price surge heightened discussion of energy policy, but the urgency of previous energy crises has been lacking. In part this may be due to the fact that there has been no physical shortage of gasoline, and no lines at the pump. In addition, the expectation of former crises, that prices were destined to grow ever higher, has not been prevalent. However, the persistence of high gasoline and oil prices into a second summer has raised alarms over the economic consequences of the situation.
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.
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.
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.
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.
This book covers a broad spectrum of issues shaping the current paradigm of minerals sector governance. The ultimate aim of the book is to understand trends and developments in mineral law and policy occurring at international, regional, cross-border and in some selected cases at national level and also to identify some of the challenges lying ahead. With these objectives in view, the book brings together a representative selection of the most knowledgeable authors on the subject. The contributions deal with a diverse range of issues tackled from interdisciplinary perspectives. Topics are divided into five main chapters: international and comparative aspects of mineral law; actors and policies in the minerals industry; investment prospects, financial and fiscal issues; sustainable development and regional outlooks.
An Act to define the term 'green energy', and to promote its development, installation and usage.
Australia's prosperous energy and resources sector is founded on long term contracts. Long term contracts give rise to a variety of difficult conceptual and practical issues that must be confronted by commercial lawyers and energy and resource professionals on a daily basis, ranging from negotiation and documentation through to interpretation and breach. Questions as to the operation, nature, and effect of long term contracts will continue to assume central importance to Australia as a whole in circumstances where the Asian economies, particularly China, Japan, and India, are anxious for security of supply in relation to commodities. This book confronts some of the major issues under long term contracts from both legal and practical perspectives. |
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