Mining agreements (MAs) often reflect governments' political aspirations. To allow their deals to conclude with minimum risk and maximum benefit, mining investors must know and understand the motivating factors of the governments of applicable countries, and their consequences. The form and substance of MAs vary considerably and may be adapted to suit a country's particular legal and socioeconomic framework and the peculiarities of the sector of the mining industry concerned. Developing countries are now relentlessly competing for investment funds, offering attractive conditions for transnational mining companies. In developed countries, on the other hand, the desires to protect the environment and to guarantee or restore natives' rights have caused a downward shift in investment priorities. This text: sets out the various forms an MA can take; examines the key role played by national political will in MA negotiation through an analysis of MA evolution in four host countries - Australia, Chile, Indonesia and Papua New Guinea, all of which are particularly attractive countries for foreign mineral investment; explores the main trends in the evolution of MA content over the past 30 years - including the dramatic increase in environmental requirements, the growing concern over natives' rights, and the decrease in economic rent and equity shares; traces the trends' origin in the HCs' political will with the TMCs' need for stability; and explains how to write an MA that will stand the test of time. These features position this work to provide participants in the running industry - transnational and mining companies, national governments, and international organizations - with bargaining solutions for the mining agreements of the future and to heighten their awareness of actual present and foreseeable changes in the political, social and investment climate.

Sustainable development and the protection of the environment are concepts that have become inescapably connected. At the World Summit on Sustainable Development in Johannesburg in September 2002, the challenges facing the global environment were discussed at length. Air, water and marine pollution continue to rob millions of a decent life, loss of biodiversity continues, fish stocks are being depleted, desertification claims more fertile land, climate changes are having devastating effects, natural disasters are more frequent and developing countries are even more vulnerable. (Principle 13). This volume examines these important issues and adapts a practical approach. It outlines the programme of sustainable development in concrete fields of economic and environmental cooperation. The concept for this volume originated from the Conference on Exploitation and Management of Natural Resources in the Twenty-First Century: The Challenge of Sustainable Development. The Conference was organised by the British Institute of International and Comparative Law and the Department of Law at Queen Mary, University of London.

This is the first in-depth analysis of American railroad litigation from the 1880s to 1910 that led to landmark decisions by the Supreme Court, fundamentally altering the meaning of due process in American constitutional law and establishing a basic power of the federal courts to restrict state regulation over railroad rates. This is the first book-length study systematically to explore the impact of American railroads on the courts and the U.S. Constitution. Historians, political scientists, and legal scholars interested in decisions that profoundly affected contemporary views on the Constitution, and the political strategy and tactics used by the railroads to affect the judicial process, will gain new insights from this study. The introduction covers the disastrous defeat that the railroads suffered at the hands of the Supreme Court in the 1877 Granger Cases when the roads first challenged governmental regulation of railroad rates. Chapters 1 through 5 analyze their victories in the 1880s and 1890s as they sought to establish substantive due process as a valid doctrine. Chapters 6 through 9 describe the subsequent litigation to circumvent the Eleventh Amendment's apparent bar to injunction suits against state officers in the federal courts, culminating in a Supreme Court landmark decision of 1908. The epilogue shows how these decisions had a lasting impact on constitutional development in the United States in relation to civil liberties and contemporary constitutional law.

In the last twenty years the biofuels industry has developed rapidly in many regions of the world. This timely book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China and the US, as well as the EU, and a number of other countries where this industry is quickly developing. Drawing on a range of disciplines, the contributors examine the roles of the public and private sectors in the governance of biofuels. They discuss topics such as sustainability and biofuels, and provide a critical review of regulatory regimes for biofuels. They conclude by proposing recommendations for more effective and efficient biofuel policies. Academics working in the area of renewable energy and students in environmental law will find this book to be of interest. It will also be of use to policy makers around the world looking to learn from various existing regimes. Contributors: G. Berndes, M. Brandao, A. Cowie, A. Cowie, K.S. Dahmann, J. De Beer, O. Englund, L.B. Fowler, A. Genest, L. Guo, M.-H. Labrie, Y. Le Bouthillier, E. Le Gal, O.J. Lim Tung, W.E. Mabee, F. Maes, L.D. Malo, M. Mansoor, P. Martin, H. Mcleod-Kilmurray, M.J.F. Montefrio, B.E. Olsen, R.O. Owino, P. Pereira De Andrade, M. Powers, A. Ronne, P.M. Smith, T. Smith, S. Soimakallio, I. Stupak, V.M. Tafur, A.R. Taylor

The book presents contributions from Brazilian experts on the regulation of different energy sources. Focusing on describing and discussing the fundamental issues related to the legal regulation of each of the sources that compose Brazil's energy matrix, it also analyzes economic and strategic aspects and identifies the main current problems related to the exploration for and production of each energy source. The book offers a clear and detailed overview of energy law and regulation for policymakers, foreign investors and legal professionals dealing with energy projects in Brazil.

In this edited work, European experts in the energy field provide perspectives on the principal issues raised by the liberalization of the electricity and natural-gas markets in the EU. The various analyses are collected under four headings. Part One - Competition - discusses how, even when the market is fully open, substantial impediments to competition remain, such as long-term contracts, refusal of access to essential infrastructures or lack of capacity in interconnectors. Contributors discuss these deadlocks and suggest possible breakthroughs. In Part Two - Transmission and Trading - experts deal with network access and pricing and energy trading. Third-party access to the network is a critical factor in ensuring a real liberalization of the market, but it raises complex technical, economic and legal issues. Liberalization has also stimulated new forms of energy trading, including physical contracts and purely financial tools. The legal and economic framework of these new forms of transactions is discussed. In Part Three - Environment and Consumer Protection - experts investigate the extent to which the liberalization process favours industrial interests and explore in what ways environmental and consumer concerns are (or could be) an integral part of liberalized energy policy. Finally, in National Experiences, contributors discuss different approaches taken by four Member States (Belgium, France, Germany and The Netherlands) in opening their energy markets.

This work analyzes the commercial, legal and financial aspects of the complex process of developing an international energy project for the production and marketing of liquefied natural gas (LNG). The authors describe the essential chains in the commercialization of natural gas as LNG: entrepreneurial aspects; functional LNG facilities; and a linked series of contracts and contractual relationships. The expert contributions show the import and significance of the crucial dependent factors that appear and reappear in all stages of a successful LNG project. Each activity, each facility, each contract must be understood in the context of the overall project development process. By providing an understanding of the whole, this book aims to inform the performance of those who have personal responsibility for only a small part in the development and implementation of an LNG project.

Turkey has been reforming its energy markets since the 1980s, culminating in two major bills in the early 2000s. The country has restructured electricity and natural gas markets, establishing an independent regulatory agency (EMRA) and passed legislation on renewable and nuclear energy. With these regulatory reforms, Turkey, as a candidate country for accession to the European Union (EU), has aimed to direct the energy markets to a more competitive environment in parallel with EU energy directives. This book contains an analysis of regulatory reforms in Turkish energy markets (electricity, natural gas, renewable and nuclear energy), the impact of these reforms on country's energy portfolio and role in global energy trade, especially between the EU, the Caspian, Caucasus, and Central Asia. Finally, the book concludes with recommendations for Turkish energy policy. The authors are expert scholars who have written extensively on Turkish regulatory reform and energy economics and who have broad knowledge of global energy market dynamics. The book will be a unique guide for those concerned with the different areas of the Turkish economy and international audiences interested in energy markets of Turkey and surrounding regions, making the book of interest to not only researchers in academia but also industry practitioners, regulators and policy makers as well.

This book describes the energy-law situation in Brazil. It focuses on three specific energy sectors: oil, natural gas and biofuel. The decision to concentrate on these areas takes into account the role that these energy sectors play in the economic, political and legal systems in Brazil, as well as the fact that they are the primary subjects of current discussions surrounding economic regulation in the country. The book, composed of thematic chapters authored by specialized legal researchers, analyzes the different aspects of the oil, gas and biofuels industry, starting with an introduction and technical points and followed by a discussion of the legal issues. It also considers the different legal areas used to examine the aforementioned energy sectors, such as regulatory law, environmental law, tax law, international law, among others. The book will serve as a valuable guide for researchers interested in understanding Brazilian energy law, and at the same it time presents the state of the art of studies carried out in Brazil.

The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law?
In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order?
Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts.
The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulationand social policy.

Legal practitioners, academics and energy industry representatives from several European countries contribute towards an appreciation of current and proposed EC energy legislation and policy. Legal and policy issues of EC energy regulation are considered and their practical implications, particularly for the oil and gas industry, highlighted. The increasing role of industry is discussed in the light of current key commercial issues facing the oil and gas industry such as abandonment and the current and future role of novel forms of energy financing. Finally, important considerations in North Sea Joint Operating Agreements and EC gas contracts are analyzed in depth.

Thomas W. ;lde University of Dundee, UK George K. Ndi CPMLP, University of Dundee, UK. This important new work surveys emerging trends in international oil and gas investment and examines crucial issues affecting the formulation and implementation of oil and gas policies world-wide, drawing on expertise from practitioners, academia and industry. The book is timely and topical in that it gives considerable attention to current developments in the relationship between the international petroleum industryand the oil and gas sector in the Commonwealth of Independent States, Russia and Central and Eastern Europe. Its coverage extends to developments in Africa, Asia and Latin America, dealing with environmental issues and the evolution of investment conditions. Graham & Trotman/Martinus Nijhoff February 1994 480 pp. Hardbound Dfl.288.00 BrP.90.00.

Central Asia has emerged as potentially the most important new hydrocarbon province in decades. Among the countries whose natural resources are now the focus of world attention, Kazakhstan is very much in the front tank. The scale and strategic importance of its reserves mean that it is set to become one of the key players in the global market. Realizing that potential depends on many factors, not least its legal treatment of the oil and gas industry. The contributors to this volume consider the various dimensions of that legal treatment, including investment and contractual issues, dispute settlement, transport and refining, environmental issues, and taxation. The importance of the international context for Kazakhstan's domestic law is key feature of this book, as is a concern with identifying existing problems and suggesting the most fruitful direction for reform. The book will be of interest to practitioners and academics working in the specific field as well as in the more general area of legal relations between the oil and gas industry and transition economies. Ilias Bantekas is Reader in Law at the University of Westminster, London, UK. He has written widely in the field of international law and won the International Committee of the Red Cross Paul Reuter prize in 2000. Visiting Fellow at Harvard Law School (2003-04). John Paterson is Reader in Law at the University of Westminster, London, UK. He has written on the regulation of the oil and gas industry and acts as a consultant to the OECD Nuclear Energy Agency. Maidan Suleimenov is Professor of Law at the Kazakh State Academy of Law and Adilet Higher Law School, Almaty, Kazakhstan. He was directly involved in Kazakhstan'saccession to the Energy Charter Treaty and has also been responsible for legislative drafting in the field.

This book offers an edited volume for all readers who wish to gain an in-depth grasp of the economic analysis of recent developments in energy law and policy in Europe and the United States. In response to waning resources and heightened environmental awareness, many countries are now seeking to redefine their energy mix. Several energy sources are available: coal and oil, natural gas, and a variety of renewables. Yet which of them are capable of addressing core energy-related concerns? Reliability, security, affordability, fairness, and sustainability all have to be taken into account. Further, once a target mix has been identified, two challenges remain for legal scholars: what role does the law play in achieving a specified energy mix, and, how can the law best fulfill that role? The essential energy concerns are just as important in defining the way we shape our energy mix as they are in defining the mix itself. An example of current challenges in energy law and policy can be seen in the pursuit by the German and Swiss governments of the so-called "Energiewende" (energy transition). These policies are intended to enable the transition from a non-sustainable use of fossil and nuclear energy to a more sustainable approach based on renewable energies. On the one hand, the goal is to achieve a decarbonization of the energy economy by reducing the use of fossil energy sources such as petroleum, carbon and natural gas. On the other, and in response to the Fukushima nuclear accident, a phase out is intended to eliminate the dangers of nuclear technologies. Achieving these goals poses tremendous challenges for the two countries' energy policies - partly because the energy transition will not only affect energy production, but also energy consumption. From a Law and Economics perspective, a number of questions arise: to what extent is it justifiable to rely on markets and continued technological innovation, especially with regard to the present exploitation of scarce resources? To what extent is it necessary for states to intervene in energy markets? Regulatory instruments are available to create and maintain more sustainable societies: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, and more. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur the sustainable consumption and production of energy in order to protect the environment while mitigating any potential negative impacts on economic development? Do neoclassical and behavioural economics provide us with a suitable framework for predicting the market's complex reactions to a changing energy policy? This book provides theoretical insights as well as empirical findings in order to answer these vital questions.

A freshly provocative look at the nexus linking EU security, trans-Turkey energy supply routes to Europe and Turkey's EU membership negotiations, this book argues that Europe's collective energy security prospects have become increasingly tied to Turkey's progress towards joining the EU.

This book provides, for the first time in a single publication, a collection of basic documents relating to the international law of nuclear energy. The series of introductions facilitate the understanding of the documents and their context. They embrace the four concerns associated with the safe and peaceful use of nuclear energy, i.e. to ensure: that nuclear energy is used in conformity with basic safety standards; that nuclear material and nuclear facilities are protected against theft and sabotage; that nuclear facilities are not subject to attack during armed conflict; and that nuclear material and facilities are not used for military purposes. The book is an invaluable reference work for all those working in the field of international nuclear law and the regulation of the use of nuclear energy as well as for teachers and students of law.

How are common interests protected in international dispute settlement? What is the role of different courts and tribunals? Why is the case law on common interests (in)consistent? Do we need more consistency for a better protection of common interests? Common Interests in International Litigation provides answers to questions that arise in international litigation as a result of an increasing recognition of common interests in this field and an ever-expanding network of specialised judicial bodies.Common Interests in International Litigation studies the case law of a number of international courts, focusing on international litigation concerning natural resource exploitation. This is a theme closely linked to a number of common interests, one which has been considered by a number of courts dealing with human rights, international security, international trade, international investment, the law of the sea, and more.This study aims to bring together the case law of these diverse judicial bodies to develop a common approach to common interests in international litigation. In contrast to previous studies that have focused on the approach to common or public interests in distinct legal regimes, this book offers an overview of the issue traversing traditional boundaries between legal regimes. It is therefore of particular interest to practitioners of international law and scholars specialising in the field seeking to broaden their horizons, and essential reading to all those interested in the enforcement of common interests at the international level.

Energy Transitions: Regulatory and Policy Trends highlights the recent developments in EU energy law and underlying policy aspects that shape the regulatory approach to energy.By acknowledging the multidisciplinary nature of energy law, its close relationship with policy issues and its development as an evolving new sector-specific legal field, this book reflects the multifaceted nature of EU energy law by focusing on the most topical issues of EU energy law and policy today.It examines regulatory and institutional developments in EU energy law, the case law of the Court of Justice in the field of energy, and different policy dimensions and external aspects of EU energy law. The themes covered include: capacity mechanisms, interactions between EU and international organisations and jurisdictions outside the EU, application of general EU law to the energy sector, sustainability aspects such as the current state of renewable energy support schemes and waste-to-energy processes, underground gas storage facilities, and various aspects of shale gas developments in the EU.Energy Transitions: Regulatory and Policy Trends is of importance for academics and students as well as practitioners and policy makers working in the field of energy law.

The Joint Operating Agreement (JOA) is widely used in the petroleum industry as a contractual framework for joint ventures across different continents and standardsThe first part of this book deals with considerations prior to entering into a JOA, such as compliance with bribery laws; standards, practices and procedures across the petroleum industry; enforceability of JOAs and understanding decommissioning obligations. The second part focusses on key clauses within any JOA covering topics including health and safety considerations; liability and insurance; and control of operations and expenditures.This is a unique publication dedicated to analysing all of these key practical issues faced by oil and gas companies in different parts of the world in negotiating and implementing a JOA in a single book publication.

Biofuels are promoted as a type of renewable energy from biomass that replaces fossil fuels in transportation, in an attempt to achieve the three-fold objectives of energy security, rural development, and GHG emission reductions. However, the increased consumption and production of biofuels have been increasingly subject to criticism for their potential negative impacts on environmental and socio-economic sustainability, and these impacts could be intertwined and have implications ranging from local to global scales. Concerns over sustainability of biofuels have already led to regulatory measures particularly for biofuels in various legal systems, but the cross-cutting and multi-scale nature of the sustainability issue increases the complexity of regulation. In this context, this book is dedicated to a comparative analysis on the state-of-the affairs of the regulatory approaches to sustainability of biofuels in the international, EU, and Chinese legal frameworks, examining whether they may inclusively address sustainability concerns in environmental and socio-economic dimensions. This book finally concludes with observations from the comparative analysis, on the premise of which recommendations are made regarding the prospect for an inclusive regulatory approach to sustainability of biofuels taking account of the existing harmonisation, integration, transplantation, and convergence effects at different levels.

Post-conflict peacebuilding efforts can fail if they do not pay sufficient attention to natural resources. Natural resources - diamonds, oil, and minerals - are frequently at the heart of historic grievances, and have caused or funded at least eighteen conflicts since 1990. The same resources can play a central role in post-conflict peacebuilding, providing revenue for cash-starved governments, basic services for collapsed economies, and means for restoring livelihoods. To date, there is a striking gap in knowledge of what works, what does not, and how to improve peacebuilding through more effective and systematic management of natural resources. Post-Conflict Peacebuilding and Natural Resource Management addresses this gap by examining the growing literature on the topic and surveying experiences across more than forty post-conflict countries. The six-volume series includes more than 130 chapters from over 200 researchers, practitioners, and policymakers.

This book offers the first comprehensive assessment of the various internal and external measures undertaken by the European Union to guarantee security of oil and gas supply. It sets out and analyses in a coherent and thorough manner those aspects of EU external policy that are relevant in establishing a framework for guaranteeing energy security for the Union. What makes the book unique is that it is the first of its kind to bridge the gap between EU energy and EU external policy. The book discusses EU policy towards the major oil and gas producing countries of Russia, the Mediterranean and the Persian Gulf at the bilateral as well as regional and multilateral level. It brings together not only the dimensions of trade and investment but also other important aspects of external policy, namely development and foreign policy. The author argues that the EU's energy security cannot be achieved through adopting a purely internal approach to energy issues, but that it is necessary to adopt a holistic approach to external policy, covering efficient economic relations as well as development co-operation and foreign policies towards energy producing countries. The book will be a valuable resource for students of EU law, WTO law or international energy law, as well as scholars and practitioners dealing with energy issues.

A European Legal Framework for Nuclear Liability discusses nuclear liability and the interplay of the different stakeholders involved in the nuclear sector. It highlights shortcomings of the current liability regimes, suggests alternatives and calls for a more active role of the European Union in the area of nuclear liability. Contrary to existing literature, it refocuses the discussion of nuclear liability in the European Union away from the Euratom Treaty, arguing that the Treaty on the Functioning of the European Union could also provide a sufficient legal basis for a European nuclear liability regime.The book presents a proposal for a harmonised European liability regime and discusses possibilities to enhance the feasibility of such a reform. It calls for a stronger involvement of the public in the nuclear sector and emphasises the intrinsic link between effective safety regulation and liability and compensation mechanisms. It also describes the need to find ways in which safety regulation and liability rules can mutually reinforce each other.This book sets out the regulation of nuclear energy and pressing legal questions to do with the commercial exploitation of nuclear energy. Equally it will be of interest for government officials, policy advisors, environmental agencies and other practitioners in the nuclear sector.

The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on "EU Energy and Climate Law Policy and Jurisprudence", "Energy and Climate Treaty Developments", "Energy Infrastructure Developments: Offshore Electricity Systems and Network Investments", "Heat Supply Legislation in the EUv and "Security of Energy Supply and Safety".