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.

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.

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.

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.

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.

In the advent of important crises of both climate change and energy supply (in)security, questions are being asked about changes in energy governance. Caroline Kuzemko explains how and why change takes place and discusses the convoluted UK energy governance system that has emerged between 2000 and the present day. She applies a complex theoretical approach based on new institutional concepts of policy paradigm change, but which also utilises concepts of (de)politicisation and securitization. UK energy governance, like energy policy elsewhere, is moving from one heavily influenced by neoliberal economic ideas to one where state intervention is more commonplace. Moreover, the new governance system is informed not by one but by multiple perspectives on energy and governance - geopolitical, climate change and pro-market.

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.

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.

Carbon capture and storage (CCS) is a quickly evolving next generation technology which mitigates climate change by capturing and storing carbon dioxide (CO2) before it is released into the atmosphere. CCS technology reduces carbon emissions so plays an essential role in meeting global and regional temperature targets. This Special Report explores the most recent regulatory, political and economic trends and themes arising from CCS technologies and projects. This Special Report will give readers a firm grasp of the political and regulatory landscape for CCS technologies and projects from both a legal and business perspective. Key sections of the report include: *Overview on CCS technologies, technical advances and challenges *Economics of CCS technologies and projects *Public funding frameworks and programs *CCS strategies and model projects *International and national regulatory frameworks. Pilot CCS projects are successfully proliferating and this Special Report provides the regulatory and political insights to succeed in the rapidly changing CCS market. It will be an invaluable resource for in-house counsel, senior managers, engineers, consultants, researchers and policy makers with an interest in the energy sector and CCS technologies and projects.

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.

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.

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.

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

Directed primarily toward college/university students, this text also provides practical content to current and aspiring industry professionals. Environmental Law is designed to introduce those without any legal or special scientific training to the system through which the nation attempts to preserve and protect the different aspects of our environment.

Railroads, our first large corporations, are rapidly adapting to the deregulated climate of the 1990s. As we approach the 21st century, this book tells the story of the changing role of railroads in our economy and how the law has changed to meet the new competitive environment. Topics include abandonment and extension, railway labor law, rail passenger service, short line spinoffs, special problems of railroad employment and parallel deregulatory activity in Canada.

The authors deal with the changing railroad environment by describing the rail network of today, which has shrunk in route-miles but is in better shape than at any time since World War II. The changing role of rail employment is discussed, as well as government operation of Amtrak and commuter rail services. What regulation remains with the Interstate Commerce Commission and Federal Railroad Administration is described in detail. Finally, the authors go north of the border to show how Canada is facing rail deregulation and how Canadian railroads are playing a major part in the U.S. transportation scene. The authors close with a look at railroading as we approach the 21st century. Dooley and Thoms have written a comprehensive book for lawyers and rail enthusiasts alike.

Fossil fuel consumption is an increasingly volatile issue, and its subsidisation continues to be challenged by lobbyists and activists. This timely book provides an empirically-grounded and theoretically-informed account of international law sources, mechanisms, initiatives and institutions relevant to the practice of subsidising fossil fuel consumption and production. This book offers a wide-ranging analysis and critique of polycentric international responses to environmentally harmful fossil fuel subsidies. Drawing on interviews with officers and representatives of a wide range of institutions involved in subsidy reform, as well a broad range of cabinet papers and diplomatic correspondence, Vernon Rive dissects and maps the activities of the international legal and governance framework relevant to fossil fuel subsidy reform. Featuring sustained and comprehensive analysis throughout, the book considers the existing WTO framework's potential to legally challenge fossil fuel subsidy practices. This engaging book will be indispensable to researchers in law with a particular interest in the frameworks that underpin and challenge fossil fuel subsidies. Furthermore, it will provide critical insight for legal practitioners and policymakers operating in international trade and environment policy, as well as wider global climate change networks.

Since the beginnings of the oil industry, production activity has been governed by the 'law of capture,' dictating that one owns the oil recovered from one's property even if it has migrated from under neighboring land. This 'finders keepers' principle has been excoriated by foreign critics as a 'law of the jungle' and identified by American commentators as the root cause of the enormous waste of oil and gas resulting from US production methods in the first half of the twentieth century. Yet while in almost every other country the law of capture is today of marginal significance, it continues in full vigour in the United States, with potentially wasteful results. In this richly documented account, Terence Daintith adopts a historical and comparative perspective to show how legal rules, technical knowledge (or the lack of it) and political ideas combined to shape attitudes and behavior in the business of oil production, leading to the original adoption of the law of capture, its consolidation in the United States, and its marginalization elsewhere.

The Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. The book covers overarching and sectoral, as well as traditional and emerging, legal issues in natural resource development. The book illuminates interactions and tensions between international environmental law, human rights and economic law, as well as the law of the sea, tracing their evolution and identifying critical areas for further investigation. It also discusses the relevance of soft law and international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. Analysis of historical and current policy debates, including the incipient negotiations of a new international legally binding instrument on marine biodiversity in areas beyond national jurisdiction, and the adoption of the Sustainable Development Goals and the Paris Agreement on climate change, are included. While the handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers and practitioners of international environmental, economic, and human rights law. Contributors include: R. Barnes, V. Barra, B. Boer, C. Chiarolla, L. Cotula, F. Francioni, J. Harrison, J. Jabour, M. Jansson, M. Kidd, R.E. Kim, T. Koivurova, K. Kulovesi, R. Leal-Arcas, F. Lesniewska, C. Massarella, S. Minas, O. McIntyre, E. Morgera, E. Orlando, F. Ortino, A. Proelss, S. Romppanen, C. Salpin, N.M. Tabari, K. Talus, A. Trouwborst, H. van Asselt, J. Vinuales

This work deals with cooperation between companies active in the exploration and exploitation of petroleum. A distinction is made between two forms of cooperation; proportional cooperation between oil companies who jointly own an exclusive petroleum right, either an exclusive licence or a risk contract, and non-proportional cooperation between state enterprises and oil companies who enter into production sharing agreements or other type of risk contracts. The book explains the reasons for cooperation and the strategies followed to minimise non-market-related risks. It provides detailed analysis of customary joint venture agreements and of special provisions in these agreements such as non-consent options and sole risk options. The work further covers compulsory cooperation in the form of either state participation or unitisation agreements. A separate chapter is devoted to production-sharing agreements.

The book is intended for geologists and petroleum engineers in charge of extractive ventures and for international lawyers, consultants and other professionals who are in charge of designing, negotiating and promoting any type of cooperative agreement.