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Onshore unconventional gas operations, in most jurisdictions, operate on the legal principle that all activities during exploration and extraction are ‘temporary’ in nature. The concept that the onshore unconventional gas industry has a temporary effect on the land on which it operates creates a regulatory paradox. On one hand, unconventional gas activities create energy security, national wealth and a bourgeoning export industry. On the other, agricultural land and agriculturalists may be significantly disadvantaged by unconventional gas activities potentially producing permanent damage to non-renewable fertile soils and spoiling the underground water tables. Thus, threatening future food security and food sovereignty. This book explores the socio-regulatory dimensions of coexistence between agricultural and onshore unconventional gas land uses in the jurisdictions with the highest concentration of proven unconventional gas reserves – Australia, Canada, the USA, the UK, France, Poland and China. In exploring the differing regulatory standpoints of unconventional gas land uses on productive farming land in the chosen jurisdictions, this book provides an original three-part categorisation of regulatory approaches addressing the coexistence of agricultural land and unconventional gas namely: adaptive management, precautionary and, finally, statism. It offers a timely and topical approach to socio-legal natural resource governance theory based on the participation, transparency and empowerment for agricultural landholders, examining how differing frameworks such as the collective bargaining framework can create equitable and sustainable contractual arrangements with unconventional gas companies.
Using an environmental justice lens, this multi-disciplinary book explores cases of land use conflict through the lived experiences of communities grappling with such disputes.
Providing both a theoretical background and practical examples of natural resource conflict, this volume explores the pressures on natural resources leading to scarcity and conflict. It is shown that the causes and driving forces behind natural resource conflicts are diverse, complex and often interlinked, including global economic growth, exploding consumption, poor governance, poverty, unequal access to resources and power. The different interpretations of nature-culture and the role of humans in the ecosystem are often at the centre of the conflict. Natural resource conflicts range from armed conflicts to conflicts of interest between stakeholders in the North as well as in the South. The varying driving forces behind such disputes at different levels and scales are critically analysed, and approaches to facilitate and enforce mediation, transformation and collaboration at these levels and scales are presented and discussed. In order to transform existing resource conflicts, as well as to decrease the risk of future conflicts, approaches that enhance and enforce collaboration for sustainable development at global, regional, national and local levels are reviewed, and sustainable pathways suggested. A range of global examples is presented including water resources, fisheries, forests, human–wildlife conflicts, urban environments and the consequences of climate change. It will be a valuable text for advanced students of natural resource management, environment and development studies and peace and conflict management. The book will also be of interest to practitioners in the field of natural resource management.
Conflict over the extraction of coal and gas resources has rapidly escalated in communities throughout the world. Using an environmental justice lens, this multidisciplinary book explores cases of land use conflict through the lived experiences of communities grappling with such disputes. Drawing on theories of justice and fairness in environmental decision making, it demonstrates how such land use conflicts concerning resource use can become entrenched social problems, resistant to policy and legal intervention. The author presents three case studies from New South Wales in Australia and Pennsylvania in the US of conflict concerning coal, coal gas and shale gas development. It shows how conflict has escalated in each case, exploring access to justice in land use decision making processes from the perspective of the communities at the heart of these disputes. Weaknesses in contemporary policy and regulatory frameworks, including ineffective opportunities for public participation and a lack of community recognition in land use decision making processes, are explored. The book concludes with an examination of possible procedural and institutional reforms to improve access to environmental justice and better manage cases of land use conflict. Overall, the volume links the philosophies of environmental justice with rich case study findings, offering readers further insight into both the theory and practice of land use decision making.
Mining and Energy Law is a thorough examination of the contemporary mining and energy sectors in Australia. It explores the law governing the current mix of sources utilised in the Australian energy sector, from petroleum and natural gas to renewable energy sources including wind and solar power.
This book provides a balanced critique of a range of international sustainability certification schemes across nine agricultural and natural resource industries. Certification schemes set standards through intramarket private and multi-stakeholder mechanisms, and while third-party verification is often compulsory, certification schemes are regulated voluntarily rather than legislatively. This volume examines the intricacies of certification schemes and the issues they seek to address and provides the context within which each scheme operates. While a distinction between sustainability certifications and extra-markets or intrabusiness codes of conducts is made, the book also demonstrates how both are often working towards similar sustainability objectives. Each chapter highlights a different sector, including animal welfare, biodiversity, biofuels, coffee, fisheries, flowers, forest management and mining, with the contributions offering interdisciplinary perspectives and utilising a wide range of methodologies. The realities, achievements and challenges faced by varying certification schemes are discussed, identifying common outcomes and findings and concluding with recommendations for future practice and research. The book is aimed at advanced students, researchers and professionals in agribusiness, natural resource economics, sustainability assessment and corporate social responsibility.
What does the future hold for oil and gas, what can we learn from the past and what role does law have to play in this? Using a unique temporal lens, this Research Handbook examines core themes in oil and gas regulation from historical, contemporary and forward-looking perspectives.
Standing on the broken ground of resource extraction settings, the state is sometimes like a chimera: its appearance and intentions are misleading and, for some actors, it is unknowable and incomprehensible. It may be easily mistaken for someone or something else, like a mining company, for example. With rich ethnographic material, this volume tackles critical questions about the nature of contemporary states, studied from the perspective of resource extraction projects in Papua New Guinea, Australia and beyond. It brings together a sustained focus on the unstable and often dialectical relationship between the presence and the absence of the state in the context of resource extraction. Across the chapters, contributors discuss cases of proposed mining ventures, existing large-scale mining operations and the extraction of natural gas. Together, they illustrate how the concept of absent presence can be brought to life and how it can enhance our understanding of the state as well as relations and processes forming in extractive contexts, thus providing a novel contribution to the anthropology of the state and the anthropology of extraction. ‘The Absent Presence fills a major gap in our knowledge about the relationship between states and companies – at a time when resource extraction seems to be more contested than ever. Bainton and Skrzypek have curated an incredibly impressive volume that should be read by all those interested in exploring corporate and state power, and the ever-present impacts of extraction. A highly recommended read.’ — Professor Deanna Kemp, Director of the Centre for Social Responsibility in Mining, The University of Queensland ‘Countless books have been written on the sovereign state and how it imposes a particular kind of order on economic and social interactions. What is original and compelling about this collection is the portrait of how two very different states converge when it comes to “extractive ventures”. From the presumption of exclusive sovereignty over mineral resources, to the bargains that are struck with major (often global) corporations, and the relative indifference to environmental impacts, there is a remarkable consistency in the patterns that are referred to as “state effects”. These effects are brought from the background to the foreground in this book through the blending of creative and critical thinking with detailed empirical research.’ — Tim Dunne, Pro-Vice-Chancellor and Professor of International Relations, The University of Queensland ‘This brilliant and intriguing title provides a timely contribution to understanding the actual functions and strategies of state (and state-like) institutions in resource arenas. The dialectics of presence-absence and its refractions at different levels and scales of government allow the authors to go beyond stereotypes about the (strong, weak, failed or corrupt) state, highlighting more commonalities than expected between Papua New Guinea and Australia, and even New Caledonia.’ — Dr Pierre-Yves Le Meur, Anthropologist, Senior Researcher, French National Research Institute for Sustainable Development, Joint Research Unit SENS (Knowledge Environment Society)
This book develops the Sustainable Governance Approach and the principles of Community-Based Natural Resource Management (CBNRM). It provides practical examples of successes and failures in implementation, and lessons about the economics and governance of wild resources with global application. CBNRM emerged in the 1980s, encouraging greater local participation to conserve and manage natural and wild resources in the face of increasing encroachment by agricultural and other forms of land use development. This book describes the institutional history of wildlife and the empirical transformation of the wildlife sector on private and communal land, particularly in southern Africa, to develop an alternative paradigm for governing wild resources. With the twin goals of addressing poverty and resource degradation in the world’s extensive agriculturally marginal areas, the author conceptualises this paradigm as the Sustainable Governance Approach, which integrates theories of proprietorship and rights, prices and economics, governance and scale, and adaptive learning. The author then discusses and defines CBNRM, a major subset of this approach. Interweaving theory and practice, he shows that the primary challenges facing CBNRM are the devolution of rights from the centre to marginal communities and the governance of these rights by communities, a challenge which is seldom recognised or addressed. He focuses on this shortcoming, extending and operationalising institutional theory, including Ostrom’s principles of collective action, within the context of cross-scale governance. Based on the author’s extensive experience this book will be key reading for students of natural resource management, sustainable land use, community forestry, conservation, and development. Providing practical but theoretically robust tools for implementing CBNRM it will also appeal to professionals and practitioners working in communities and in conservation and development.
This book discusses the balance of priorities within the Water-Energy-Food (WEF) nexus and its impact on policy development and implementation, highlighting innovative perspectives in adopting a holistic approach to identify, analyse and manage the nexus component interdependencies. Due to increasing demands for natural resources, the WEF nexus has emerged as a response to the numerous global challenges. Addressing WEF challenges often involves balancing multiple and competing priorities and identifying and managing interrelations, synergies and trade-offs between the three components of the nexus. In this volume the authors focus on the dynamics between multiple stakeholders, such as governments, businesses, NGOs and local communities, when addressing WEF challenges by adopting a nexus approach. The book argues that effective engagement of multiple stakeholders can address difficulties arising from the introduction of an integrated approach to WEF policy design and implementation, increasing the potential benefits. The book also looks at the effect of international relations and regional power struggles on resolving cross-border WEF nexus issues. Case studies are drawn from Kenya, Central Asia, USA and Peru, highlighting key themes, such as how collaborative governance, enabled and facilitated by relational equity management, can be viewed as an innovative way to reconcile competing priorities. The combination of theoretical and case study chapters makes the book of interest to a wide audience, including scholars and advanced students of sustainable development, agriculture and food studies, water and energy policy design and governance, as well as to practitioners working in the fields of water, energy and food security.