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Democratization, globalization, and increased environmental
awareness have had a profound impact on the regulation of industry
in the energy and natural resources sector. This book analyses the
changes in character of the way this industry is regulated, and
seeks to make connections with theoretical perspectives on
regulation as a major part of the modern legal system. Part I
examines the emergence of alternatives to regulation, such as 'soft
law' in developing countries, the European Electricity and Gas
Directives of 1996 and 1998, the idea of regulation of company
structure as opposed to performance, multi-faceted government
alternative regulatory instruments, and market mechanics. Part II
analyses conventional methods of regulation, and how they have
evolved, including case studies from the Netherlands, the USA,
Singapore, New Zealand, and the UK. Part III looks at regulatory
innovations such as environmental audit, self-regulation, the
'Voluntary Action Plan', private-sector standard setting, and
certification. Part IV examines the role of non-state actors, and
their response to national and supranational regulatory changes,
and globalization. Recent shifts in the perception of energy
security, failures in energy company corporate governance, and
evolving self-regulatory frameworks renders this a timely and
worthy examination of the issues facing the energy and natural
resources industry today.
This volume examines energy security in a privatized, liberalized,
and increasingly global energy market, in which the concept of
sustainability has developed together with a higher awareness of
environmental issues, but where the potential for supply
disruptions, price fluctuation, and threats to infrastructure
safety must also be considered. Part I commences with an essential
introductory chapter which defines energy security and sets forth
the key issues and themes of the book. There then follow several
cross-cutting chapters which include sceptical analysis of energy
security claims from an environmental perspective and a broader
geopolitical analysis of energy security. Part II examines a wide
variety of international, regional, and national approaches to
energy security issues. Energy security concerns differ
considerably from country to country, however most of the chapters
examining particular nations provide an economic and historical
context of their energy security concerns, followed by a detailed
analysis of the legal provisions relating to each of the main
energy sectors (oil, gas, coal, electricity, nuclear, and renewable
energies). This entails examination of regulation, organization,
and planning for security and other purposes. In a number of cases,
energy security law is shaped by other factors such as market
liberalization, environmental protection, and competition policy.
Part III comprises two final chapters, the first contrasting the
various national and regional approaches and analysing
cross-cutting issues, whilst the concluding chapter forecasts
future trends in the legal regulation of energy security.
The law of energy and natural resources has always had a strong
focus on property as one of its components, but there are
relatively few comparative, book-length, treatments of both
property law and energy and natural resources law. The aim of this
edited collection is to explore the multiple dimensions of the
contemporary relationship between property and energy and natural
resources law. Its genesis was the growing resurgence of global
interest in questions of property in energy and resources and how
it manifests itself across legal regimes around the world.
With an international and comparative character, the collection
seeks to capture differences in the meaning of property, and the
different views about the role it should play in a diverse range of
contexts: civil law and common law; the law of indigenous
communities; public law and private law; and national and
international law. Key issues discussed include private rights and
common property situations, privatization and regulation,
competition for land use and resources, the role of property rights
in environmental protection, and the balance between national
sovereignty and the security of foreign investment.
The collection thus has relevance for a wide readership interested
in the legal dimensions of property as an increasingly important
aspect of the law for energy and resources across diverse
countries, and at the international level. The contributors are
established experts in the energy and natural resources law field,
and the collection builds upon a body of previous collaborative
work in this area.
A new phase is emerging in the relationship between energy and
resource activities and the communities that are affected by them.
Any energy or resource project - a mine, a wind farm, a dam for
hydroelectricity, or a shale gas development - will involve a mix
of impacts and benefits for communities. For many years, the law
has mediated impacts on communities and provided for the
distribution of financial benefits. Now, there is growing awareness
of the need to consider not only a wider range of costs and
benefits for communities from energy and resource projects, but
also the effects on communities at multiple scales and in complex
ways. Sharing the costs and benefits of natural resource activity
has now become a legal requirement for energy and resource projects
operating in many jurisdictions, particularly in developing
countries. This book uses cases studies from across the globe to
examine the emergence of such legal measures, their advantages and
disadvantages, and the improvements that may be feasible in the
legal frameworks used to distribute the costs and benefits of
energy and resources activity. The book has three parts: Part I
considers general legal and conceptual frameworks; Part II
addresses the mechanisms available to distribute costs and
benefits; and Part III considers the role of public engagement and
participation in the sharing of the costs and benefits from energy
and resource projects.
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