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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources law
The Routledge Handbook of Energy Law provides a definitive global survey of the discipline of Energy Law, capturing the essential and relevant issues in Energy today. Each chapter is written by a leading expert, and provides a contemporary overview of a significant area within the field. The book is divided into six geographical regions based on continents, with a separate section on Russia, an energy powerhouse that straddles both Europe and Asia. Each section contains highly topical chapters from authors who address a number of core themes in Energy Law and Regulation: * Energy security and the role of markets * Regulating the growth of renewable energy * Regulating shifts in traditional forms of energy * Instruments in regulating disputes in energy * Impact of energy on the environment * Key issues in the future of energy and regulation. Offering an analysis of the full spectrum of current issues in Energy Law, the Routledge Handbook of Energy Law is an essential resource for advanced students, researchers, academics, legal practitioners and industry experts.
Bringing together leading experts from across the UK and Europe, this book provides a comprehensive analysis of the impact of Brexit on the energy sector in the UK and in the European Union and its member states. In recent decades, the trend within the EU has been towards greater integration and liberalisation of energy markets. Through the development of the Union's Internal Energy Market and the funding of cross-border energy infrastructure, EU membership facilitates cross-border trade in energy, promotes security of energy supply and via EURATOM allows EU member states to trade in nuclear material for energy production. Brexit changes all of this. The significant level of integration and interdependence in EU energy policy means that the UK's departure from the Union poses many challenges for the UK, the EU and its member states. While certain energy-related arrangements have been addressed, the relationship between the UK and EU in the energy sector has been changed fundamentally. In this context important and interrelated questions arise, such as including: * Under what terms will energy trading between the EU and UK now take place? * What access will the UK have to EU energy markets? * What does Brexit mean for the security of energy supply? * What does the UK's departure from EURATOM mean for nuclear research? * Can the cross-border Single Energy Market (SEM) on the island of Ireland continue following Brexit? * What implications does Brexit have for renewables, the environment and climate change? Brexit comes at a time when the European energy sector is undergoing the processes of decarbonisation and energy transition. This book offers researchers, legal practitioners and policy advisers in-depth understanding of the interplay between these challenges and Brexit.
This comprehensive book addresses both the principles and practicalities of petroleum unitization by mapping out the evolution of and rationale for unitization in legislation and by providing much-needed guidance on the formulation of a legislative framework for effective regulatory governance of the unitization process. Drawing on his own extensive experience of the global petroleum industry and his insights into petroleum unitization in some 90 jurisdictions worldwide, Paul F. Worthington discusses the key elements of legislation for incorporation into petroleum unitization statutes, implementing regulations and production contracts. He provides a basis for legal drafting at all levels of this tripartite legislative framework as well as guidelines for compliance with good international petroleum practice. The Law on Petroleum Unitization: Legislating for Effective Regulatory Governance will prove essential reading for legal practitioners working in government ministries with a responsibility for energy affairs as well as for energy regulators, energy companies and those legal firms who provide unitization advice. Petroleum consultancies, negotiators and energy policy advisers within professional bodies and academia will also benefit from this book's thorough and incisive treatment of the subject matter.
This is the first textbook to provide a clear understanding of law's role in promoting the global growth of renewable energy production and consumption. The book introduces readers to the main legal frameworks shaping the rise of renewables, including setting targets for reducing greenhouse gas emissions and increasing renewable energy consumption, at international, regional and national levels. Clear explanations of challenges commonly confronting renewable developments and the legal responses to them aid readers' understanding whatever their background. The author, a leading researcher in energy and environmental law, has drawn on 10 years' experience of developing and teaching research-led courses on renewable energy law to produce an authoritative but accessible work. Readers will come away with a better understanding of how international law on climate change and sustainable development affects renewable energy, the roles of renewable energy targets and subsidies, the laws on integrating renewables into electricity networks, the legal response to public opposition to renewable energy development, the law surrounding offshore renewables, and issues raised by the decarbonisation of transport.
Corruption, Natural Resources and Development provides a fresh and extensive discussion of corruption issues in natural resources sectors. Reflecting on recent debates in corruption research and revisiting resource curse challenges in light of political ecology approaches, this volume provides a series of nuanced and policy-relevant case studies analyzing patterns of corruption around natural resources and options to reach anti-corruption goals. Using corruption case studies across a wide spectrum of natural resource sectors from around the world, the expert contributions explore political ecology as a means of analysing resource curse challenges. The potential for new variations of the resource curse in the forest and urban land sectors and the effectiveness of anti-corruption policies in resource sectors are considered in depth. Corruption in oil, gas, mining, fisheries, biofuel, wildlife, forestry and urban land are all covered, and potential solutions discussed. This forward-thinking book is essential reading for students and academics in the fields of development studies, political ecology, corruption, development economics and international political economy. The evidence and policy solutions included will be of great appeal to policymakers and practitioners. Contributors include: I. Amundsen, F. Boamah, C.J. Cavanagh, K.E. Dupuy, L. Epremian, B. Eriksen, O.-H. Fjeldstad, J. Jacquet, J. Johnson, P. Le Billon, P. Lujala, G. Mayo-Anda, J.P. Mrema, O. Remy, R. Sumaila, T. Soreide, A. Witter, T. Wyatt, D. Zinnbauer
This timely research review explores the main issues surrounding competition and regulation in electricity markets. The industry is experiencing irresistible forces for change driven by energy policy objectives; a reassessment of market regulation in the face of high energy prices and the response to consumer pressure to agree on what constitutes a fair price for energy. This research review identifies the key articles that underpin the debate across the industries supply chain (generation, supply and networks) and from a regulatory perspective (including market power and incentive regulation) followed by a consideration of the overall impact of liberalisation and future developments.
The book"Regional Approaches to the Energy Transition", discusses the key challenges the energy transition is facing at the European and International level. It is an edited collection gathering contributions from the experts in the field bringing together internationally renowned scholars, researchers, EU officials to address the current trends in the energy transition and its dilemmas. The book places the energy transition in a wide interdisciplinary context. It looks at energy policies, legal framework, regional strategies and the difficulties in their implementation. It argues for a regional approach to the energy transition, questioning at the same time the strategies and measures put forward for its realisation. The subject matter is topical, considering recent themes that occupy global and European political agendas. In a nutshell, the volume offers insights into regional regulations, public policies and local practices on the use of clean energy. It looks first at the EU commitment and its initiatives providing some examples from the Member States. Furthermore, it offers a comparative perspective and discusses the different approaches to the energy transition from Latin America, China, Africa and Australia. It covers a wide range of topics such as the EU renewable energy policies, Green Deal and regionalisation, energy auctions in the EU, environment in contemporary constitutionalism, Human Rights considerations, the Scandinavian perspective, practical examples from Italy and Spain. Moreover, it also considers the global context, looking at State and Market in China's coal-to-gas transition, tendencies of legal regulation in the sphere of renewable energy in Russia, the energy transition in Latin-American countries, regional approach to the energy transition and electricity access initiatives in Sub-Saharan Africa, and transnationalism and the regional approach to the energy transition in Australia. The systematisation that this book offers and the exchange of good practices and experiences are useful tools for the key players to seriously engage with a just and sustainable energy transition. The proposed book is a reference and study material for academics and students, but also for the policy makers, officials and practitioners dealing with the energy transition. It provides some answers, potential solutions and alternatives to the main problems that the energy sector is facing worldwide.
This book aims to describe the mechanisms of the internal wholesale electricity market in terms of the legal tools and practices used by electricity producers, the most important market participants. In this regard, the focus is on Northwestern Europe. Because of the book's functional perspective, it is not limited to the external regulation of electricity markets at the EU level and also describes the business models and practices employed by electricity producers. Both the physical and financial marketplaces are examined and topics including electricity supply, balancing, transmission and derivatives are covered. The target for the completion of the EU's internal electricity market was 2014. The internal wholesale electricity market is very important not only for electricity producers, suppliers and major end consumers but also for network operators, marketplace operators, electricity technology firms, investment firms and market regulators.
In recent years there has been much concern about the safety of nuclear installations in Central and Eastern European countries (CEEC) and the Newly Independent States (NIS). The enhancement of such safety has been a focal point in the discussions on enlargement of international organizations such as the EU, OECD and NATO. To provide these states with nuclear safety-related assistance, several funds were set up to finance technical and legal assistance on a multilateral as well as bilateral basis. However, the release of such money has been hampered by the absence of complete legal protection against potentially huge liability claims against the governments and companies that provide the assistance. The problem of nuclear liability constitutes a serious impediment to the performance of safety-related assistance work in the CEEC/NIS. In turn, this threatens the overall protection of the international community against nuclear hazards. This impasse is the main focus of this book, which provides an overview of the latest legislative developments concerning nuclear safety and liability in the CEEC/NIS, as well as an analysis of related international and national legislative, financial and technical initiatives. The objective is to bring together the various approaches of academic, governmental, industrial and CEEC/NIS expertise.
This book argues that law has a vital role in shaping the electricity system to enable a more active role for consumers in liberalizsed electricity industries. To do that, this book offers a unique legal perspective of the Netherlands, New Zealand and Colombia to help understand some of the current legal approaches to prosumers and therefore the legal challenges and opportunities facing. Law and regulation have the role of creating a level playing field for emerging participants, such as prosumers, to participate and compete in the market together with traditional actors, bringing not only more competition but also representing a more sustainable, environmental and democratic way to supply energy. Furthermore, law and regulation have the role of responding to innovation and creating space for technological advances to procure the changes in the industry without delay. This book examines some of the legal barriers for the raise of energy prosumers. The traditional role of the distributor when responding to increasing distributed generation in the network; prosumers unable to decide to whom they can sell their electricity to; the price of the energy or even whether to participate more actively in demand response programs. A further issue is the lack of clarity about whether small prosumers are entitled to consumer protection rights and legal challenges regarding configuration, access to the network, access to markets and strict unbundling rules for community energy projects. This book provides a clear, analytical, and informed approach to understanding the regulatory framework around energy prosumers. It will appeal to policy makers, lawyers, individuals, business entrepreneurs or communities wanting to engage in energy projects, as well as academics, researchers and students
This book is about joint implementation. It addresses legal, economic and institutional questions which should be taken into account in setting up joint implementation projects and in developing criteria for joint implementation under the UN Framework Convention on Climate Change (FCCC). First, however, before going into any detail, we shall briefly sketch the background, quoting Daniel Bodansky: 'Each year, mankind injects approximately six billion tons of carbon into the atmosphere from the burning of fossil fuels, as well as a substantial (although still uncertain) amount from deforestation. Since the advent of the industrial revolution, atmospheric concentrations of carbon dioxide have risen by more than twenty five percent, from 280 to more than 350 parts per million. Scientists estimate that if current patterns of emissions continue unchecked, the increasing concentrations of carbon dioxide, together with parallel increases in other trace gases such as methane and nitrous oxide, will cause an average global warming in the range of 0. 2 to 0. 5 DegreesC per decade, or 2 to 5 oc by the end of the next century. Such a temperature rise, more rapid than at any time in human history, could have severe effects on coastal areas, agriculture, forests 1 and human health. ' In recent years there has been growing awareness of the extent of the damage done to the world's environment through unsustainable patterns of development.
Contemporary legal practice has developed powerful contractual mechanisms to mitigate the political risks attendant on energy projects. However, until now most of what we know about the contractual management of these risks has been based on theoretical literature and the facts of cases rather than careful empirical study. This one-of-a-kind book breaks new ground. The author presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector. Going far beyond an analysis of the literature, the research includes in-depth interviews with specialist lawyers and representatives of companies who have not only a theoretical knowledge but practical experience with the problems of host government interventions, as well as with international petroleum negotiators, members of international organizations in the petroleum business, and dispute settlement bodies. Important questions answered in detail include the following: * What tools are available to manage political risks? * What are the differences between developed and developing countries in terms of political risks? * Will indirect expropriation be more common than direct expropriation in the twenty-first century? * What are the basic legal requirements for a lawful taking of investors' property under international law? * How does a lawyer distinguish between legitimate non-compensable regulation and indirect expropriation? * Do stabilization clauses have a legal and functional value in international petroleum contracts? * Does international law recognize the binding effect of stabilization clauses as a limitation on a state's sovereign powers? * Can renegotiation clauses provide stability for petroleum investment contracts? * What is the contribution of governing law and ADRs in political risk management? This is the only book that brings the rare and valuable knowledge and quasi-trade secrets of energy experts and practitioners to lawyers and negotiators handling transnational energy projects. It analyses the contractual clauses currently used by international investors to protect investments, the underlying philosophy, history, strengths, and weaknesses of each type of contractual clause, and the effectiveness of ADRs in reducing the risks. The doctrines and empirical findings that in this incomparable book open the door to truly effective use of these clauses.
This Research Review covers the main topics and dimensions of environmental and energy law in its contemporary expression. It discusses foundational material for those interested in understanding the development of the field and conducting research on the myriad of questions raised by transitions to sustainability. Particular emphasis is placed on the systematisation of the material. The Research Review discusses articles that cover international dimensions, including principles, substantive areas of regulation and implementation techniques as well as the European dimensions broadly understood, including EU law and other regional approaches (the UNECE) and distinguishing sector-specific and transversal regulation. It also looks at the transnational, comparative and domestic dimensions and major questions arising from selected English-speaking jurisdictions. Edited by two recognised experts in the field, this research review will provide a solid foundation for the study of environmental and energy law.
Ocean Law and Coastal Law have grown rapidly in the past three decades as specialty areas within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of the global overfishing crisis, widespread depletion of marine living resources (such as marine mammals and coral reefs), and oil pollution. During this same period, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively brings together the two worlds of climate change and ocean and coastal management. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.
This detailed work is based on more than ten years experience in conducting tenders for the licensing of petroleum prospective acreage on behalf of a number of sovereign governments in Europe, Africa and the former Soviet Union. It explains the processes of licensing from the points of view of the two main protagonists, the government bodies and the international oil companies. The book also gives due prominence to the interests of the host communities and to the environment, as well as to the neighbouring states and the other participants who may be affected by the licensing process. In the modern world petroleum licensing takes place in the full glare of attention from the press and from public opinion. This work breaks new ground in recommending ways in which government and the oil companies may devise best practice in licensing to serve the interest of all parties and also an ethical business environment.
This text, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.
This book considers, and offers solutions to, the problems faced by local communities and the environment with respect to global mining. The author explores the idea of grievance mechanisms in the home states of the major mining conglomerates. These grievance mechanisms should be functional, pragmatic and effective at resolving disputes between mining enterprises and impacted communities. The key to this provocative solution is twofold: the proposal harnesses the power of industry-sponsored dispute mechanisms to reduce the costs and other burdens on home state governments and judicial systems. Critically, civil society actors will be given a role as both advocates and mediators in order to achieve a fair result for those impacted abroad by extractive enterprises. Compelling, engaging and timely, this book presents an innovative approach for regulating the foreign conduct of the extractive sector.
This timely collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised and major economies such as the US, EU, China and Australia; (ii) resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the tradeoffs and regulatory complexities of carbon-constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (ie decarbonised). It highlights the importance of ensuring affordable access to energy services in developing economies as the energy transitions unfold and explores the potentials of emerging technologies such as hydrogen networks, power-to-gas and Carbon Capture and Storage. Additionally, the book also considers the international investment law implications of energy decarbonisation. Focusing on the nexus between law, regulation and institutions, it adopts a contextual approach to examine how and to what extent institutions can effectively facilitate more reliable, sustainable and secure energy supply systems in the twenty-first century. This book portrays the conventional hydrocarbon-based energy supply industry in a largely international and interconnected context. It highlights the costs, benefits and losses that may arise as the transition towards decarbonisation unfolds depending on the pathways and solutions adopted. With chapters written by leading experts in energy law and policy, the reader-friendly style and engaging discussions will benefit an international audience of policymakers, academics, students and advisers looking for a more incisive understanding of the issues involved in energy transitions and the decarbonisation of energy systems.
Containing an in-depth study of the emerging theory and core concepts of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies. This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book's innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory. The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.
This groundbreaking book collects contributions from many of the world's leading climate and energy law scholars and provides the first major study of national Climate Change Acts. This cutting-edge type of legislation originated with the first Climate Change Act framework which was passed in the United Kingdom in 2008, and is intended to enable the law to grapple effectively with one of the great problems of our times, anthropogenic climate change. Since 2008, national framework climate legislation has been slowly but steadily emerging in countries across the world. This trailblazing collection employs a comparative analytical legal methodology and offers the first comprehensive study of this new, innovative form of legislative regime. In addition to containing broad internationalist chapters, deep-dive national case study chapters are included that focus on individual countries and provide analytical depth. A final chapter draws together the threads of the book's foregoing contributions to deduce generalisable conceptual insights based on current knowledge and experience. Uniquely, the book provides a conceptual model for Climate Change Acts that can usefully inform the development of national framework climate legislation in all countries.
This is a unique book written by one of the leading scholars in the field. It uses detailed case studies to analyze the successes, failures and challenges of renewable energy initiatives in developing and emerging countries.Incorporating the insights and perspectives of researchers who come from the respective countries covered, the study compares some of the most exciting success stories, including: China's meteoric rise from near zero use of renewable energy to being the world leader in solar thermal, solar photovoltaic and wind energy; Brazil's success in becoming the world s top ethanol producer and exporter; and India's pioneering use of a hedge plant to produce biodiesel and its use of animal and human wastes for rural electrification. The book also describes Indonesia s disastrous palm oil program which cut down its forests and excavated its peat bogs. It concludes that good leadership is the largest factor in success, but that it is also critical to include public participation, training, transparency, environmental consideration, fair labor practices, protection against exploitation and enforcement. This book is designed to be helpful to other countries seeking to initiate renewable energy programs. It will appeal to local administrators and policymakers, field personnel from UN agencies and NGOs, and renewable energy funders, as well as to academic researchers. Contents: Preface Introduction 1. Case Studies of Renewable Energy in China with Chen Yitong, Long Xue and Zheyuan Liu 2. Nuclear Power in China: Successes and Challenges with Jingru Feng 3. Renewable Energy in the Philippines with Alvin K. Leong 4. Case Study of the Implementation of the Integrated Solar Combined Cycle Pilot Plant in Ain Beni Mathar, Morocco with Alexis Thuau 5. Case Study of Biofuels in India with Sayan S. Das 6. Case Study of Renewable Energy in Brazil with Douglas S. Figueiredo and Lia Helena M.L. Demange 7. Case Study of Indonesia's Palm Oil-based Biodiesel Program with Christopher J. Riti 8. Case Study of Renewable Energy in Pakistan with Shakeel Kazmi 9. Conclusion Index
'Decision-makers and academics interested in the politics of the Arctic should have this book to hand. It is a fascinating collection of well-researched chapters on the geopolitics, international law and institutions of the Arctic and national Arctic strategies. The authors, drawn from a wide range of backgrounds, cover subjects reflecting their expertise in this superbly edited volume.' - Clive Archer, Advisory Council, Arctic Forum Foundation The Arctic has again become one of the leading issues on the international foreign policy agenda, in a manner unseen since the Cold War. Drawing on the perspectives of geopolitics and international law, this Handbook offers fresh insights and perspectives on the most pressing issues, grouped under the headings of political ascendancy, climate and environmental issues, resources and energy, and the response and policies of affected countries. With the combined expertise of leading scholars in international relations and international law of the Arctic, the book covers key topics such as climate change, energy, indigenous issues, jurisdiction, marine resources, pollution and preparedness, and emergency response. Students, academics, political scientists and international lawyers working on Arctic affairs will find this ground breaking Handbook to be of essential reading. It will also be of interest to other social scientists, such as geographers, sociologists, and anthropologists. Contributors: P. Aalto, A. Bambulyak, N. Bankes, W.A. Berbrick, A. Bergman Rosamond, R.G. Bertelsen, L.-A. Broadhead, R. Churchill, D. Depledge, K. Dodds, N.C. Fabbi, P. Graczyk, A.H. Hoel, G. Honneland, I. Jaakkola, L.C. Jensen, O. Jensen, J.C. Justinussen, E.C.H. Keskitalo, T. Koivurova, P.W. Lackenbauer, M. uszczuk, T.L. McDorman, J. Manicom, E. Mason, T.L. Mcdorman, H.N. Nicol, M. Nuttall, T. Palosaari, D.R. Rothwell, C. Schofield, C. Smits, O.S. Stokke, A.K. Sydnes, M. Sydnes, M. Tennberg, N. Tynkkynen, D.L. Van Der Zwaag, N. Wegge, E. Whitsitt, M. Willis, B. Scott Zellen, K. Zysk
Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states' authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation's wildlife and biodiversity.
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 "Developments in the EU and EU Energy Law", "EU Case Law", "New Developments in Cross-Border Energy Governance", "Energy Communities" and "Clean Hydrogen: Regulatory Frameworks". |
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