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.

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.

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.

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.

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 book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. This book focuses on the EU ETS, the European Union Emissions Trading Scheme, backbone of the European Union strategy to combat climate change, and its industry competitiveness implications. In the light of the discussion of the revision for the coming years, it aims to provide a toolbox of key elements to understand its functioning and to reflect on crucial improvements. Specifically, besides a general overview of the first phases of the scheme and current difficulties, the book aims to (i) deploy an energy-intensive, sector-level analysis, with both reference to academic literature (ex ante and ex post studies, paying special attention to the underlying assumptions) and stakeholders positions on the carbon leakage issue; (ii) present an overview of the existing ETS policy measures and worldwide experiences; (iii) reflect on the ongoing reform for the post-2020 period, starting from the European Commission's proposal and entering the technical and political debate taking place within the European institutions. "The EU ETS and the European industry competitiveness" provides the reader with a full understanding of the system, presenting problems, policy options, design aspects and global insights. It aims to identify potential improvements and to draw lessons for the coming years and the future phases, assessing if the current reform is actually on track to adequately protect business competitiveness.

International copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jorgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.' - Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UKThis Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty. - Unique insight from the author's experience serving as Director of the Copyright Law Division at WIPO. - Presents the international norms in their historical context, and explains rationales behind the rules and relations among them. - Thematically organized discussion facilitates the reader's understanding of the numerous and partly overlapping treaties. - Approaches the topic from the perspective of tackling complex issues in practice. - Balanced discussion of both copyright and related rights. - Guides the reader to the more specialized commentaries for issues requiring further in-depth research. A must-have introduction for scholars and students who need to develop their understanding of copyright and related rights in an international context, and for practitioners and government officials who require a starting point for researching and resolving complex issues. Contents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions Index

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.

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 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 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 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.

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 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.

Offering an introduction to students on the most essential elements of EU energy law and policy, this volume will be the go-to text for those seeking knowledge of EU energy regulation and its objectives, as well as an overview of energy law. Specific topics will cover the content of sector-specific energy regulation, the application and impact of general EU law on energy markets, third party access, unbundling, investment in cross-border networks, energy trading and market supervision, the application of general EU competition law on energy markets, the impact of free movement provisions, and the application of state aid rules. A structured, step by step guide through the fundamental areas of EU energy law.

In response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this fully updated new edition analyses the application of English law to contracts for project investment, financing, and development. The book provides practitioners and other parties with essential operational detail, as well as advising on the implications of English law on the interpretation of relevant provisions. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector for an international market. This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analysed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector. This new edition has been updated with new chapters on contract architecture and related issues and new sections on the Limitation Act and tolling, further assurances, quantum meruit and estoppel. Chapters have been updated in light of key cases on good faith and relational contracts, fiduciary duties and consequential loss recognitions, amongst others. As English law continues to grow in international importance, this is a key text for practitioners in a number of jurisdictions who are looking to draft contracts or handle international transactions under the umbrella of English law.

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

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 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.

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.