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" Although methane hydrates are not recent discoveries, it is only now that their extraction and production are becoming commercially feasible as a major new energy source. They are present offshore in almost every coastal state, and their economic potential for endowing those states with abundant natural gas – in addition to their utility as freshwater resources and as carbon sinks for captured greenhouse gases – is vast. This book presents the first treatment of the legal issues facing the future of offshore methane hydrates, taking into account both proprietary interests and environmental hazards. Starting from law and economics theory as applied to environmental accidents, the book’s analytical framework addresses how best to provide for the opportunities and challenges presented by offshore methane hydrates. Issues and topics include the following: - introduction to the science and technology of offshore methane hydrates; - methane as a green energy source; - research programmes and agendas under way in Japan, South Korea, the United States, Canada, China, and India; - carbon capture and sequestration; - risks – methane emissions, large-scale combustion events, subsea landslides, tsunamis, earthquakes, deep ocean eruptions; - strategies of risk governance – during exploration, development, production and abandonment of the extraction process; - acts that enable seeping and venting of methane; - regulatory compliance as a defense from liability; - grounds for deference to rules of civil liability; - potential impact on anthropogenic climate change; and - private regulation and market-based incentives The analysis compares and contrasts recommended legal policies with existing legal frameworks in relevant international conventions, the European Union, and the United States. Rules of civil liability are reviewed to determine when strict liability or negligence might be efficiently employed in risk governance along with the implementation of public regulations. As a road map to amending and revising existing laws and conventions, this book will be of inestimable practical value to policymakers in supporting the optimal risk governance of the development of methane hydrates. For potential entrepreneurs and operators, this book greatly reduces the legal uncertainty underlying their decision-making and investment decisions. Furthermore, this book enables a broad cross-section of legal practitioners and scholars to engage in this fascinating late arrival to the natural resources law and policy arena. "
Over the last few decades, unprecedented global population growth has led to increased demand for food and shelter. At the same time, extraction of natural resources beyond the Earth’s resilience capacity has had a devastating effect on ecosystems and environmental health. Furthermore, climate change is having a significant impact in a number of areas, including the global hydrological cycle, ecosystem functioning, coastal vulnerability, forest ecology, food security, and agricultural sustainability. According to the Intergovernmental Panel on Climate Change (IPCC), only immediate and sustained action will prevent climate change causing irreversible and potentially catastrophic damage to our environment. This book presents various scientific views and concepts, research, reviews, and case studies on contemporary environmental issues in changing climate scenarios and highlights different adaptation measures. Increasing awareness of modern-day patterns of climate change, it addresses questions often raised by environmental scientists, researchers, policymakers and general readers.
Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law: obligations and liabilities; relationship of the parties; exclusive operations; force majeure; hardship; and host granting instrument. A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance. The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.
Natural gas, a vital primary source of energy for the twenty-first century economy, is poised to play a major role in the medium- to long-term outlook of energy systems worldwide. Its supply to power markets for electricity generation and other energy purposes through the stages of exploration, production, gathering, processing, transmission, and distribution have been a key driver in gas commercialisation over the past two to three decades. This book discusses insights from law and economics pertaining to gas and energy supply contracts, regulation, and institutions. It provides an in-depth ‘law-in-context’ analysis of the approaches to developing competitive and secure gas-to-power markets in an increasingly international, interrelated, and interconnected value chain. Recognising a general move towards structural reforms and economic regulation of gas and energy markets globally, the author incisively addresses the following questions: – Is there a single ‘ideal’ model or approach for ensuring effectiveness in the restructuring and regulation of gas supply to power markets? If not, then what constitutes the matrix of models and approaches? – What are the underlying principles, assumptions, and institutional structures that will enhance the modern approaches to developing competitive, secure, and sustainable gas supply to power markets? – What are the factors that determine or affect the effectiveness and efficiency of such approaches and regulatory frameworks? The book critically explores the instrumental role of regulation and organisational institutions in the restructuring and development of gas supply markets. It examines the evolution of economic approaches to regulation, competitiveness, and security of gas supply in the United States and the United Kingdom. It considers the EU as a supranational union of developed economies and Nigeria as a developing economy, in the process of applying these paradigms of economic regulation and restructuring of gas-to-power markets. In a law and policy environment where training and educational centres, lawyers, and public and corporate energy advisors are becoming more concerned about competitiveness and efficiency in gas resource allocation and pricing – and about high-quality governance frameworks for industries that depend on reliable gas supplies – this vital book will be warmly welcomed by lawyers, policymakers, energy consultants, analysts, regulators, corporate investors, academics, and institutions concerned with and engaged in the business of exploration, production, and supply of gas for energy purposes.
The grave concern of governments for the negative impact on the world climate caused by the release into the atmosphere of CO2 resulting from human activity, and under human control, such as the burning and combustion of oil products from the refinery, of natural gas and coal (the fossil fuels) made it possible for the international community to agree to and establish a global climate agreement, viz. The Paris Agreement of 1915. In order to meet the objectives of this Agreement, governments will try (among other measures) to curb the consumption of fossil fuels. This will not be easy since, in particular in less advanced economies, fossil fuels are for the coming decades indispensable. In more advanced economies, there are alternatives available, but as long as a possible switching to nuclear fission energy meets with public opposition, even the more advanced economies will remain dependent on fossil fuels for the coming decades. In its deeply informed discussion of the involvement of industry and governments with the production and use of petroleum, the prodigious scope of the coverage encompasses the following and much more: technical and environmental aspects of the production of oil and natural gas; position and function of petroleum and natural gas in the economy; government policies and attitudes towards fossil fuels, particularly with respect to climate change; national and international regulation of onshore or offshore petroleum operations; how oil and natural gas markets work; old and new forms and manifestations of political risk; distinction between licence-based and contract-based petroleum legislation; production sharing agreements; and petroleum taxation. The author draws on laws, contracts, government policy documents, trade journals, and statistical data available from international organizations and institutes and international oil companies. Underlying much of the review and discussion are governmental concerns with the prospects for economic alternatives and control of CO2 emissions. The often conflicting policy options open to governments and the consequences, if any, for both oil and natural gas and the petroleum industry are reviewed and discussed. All statistics and projections regarding reserves, production and consumption of oil and natural gas have been updated. Because so much continues to happen in the realm covered by this book, all who depend on its previous editions will need this updated and significantly rewritten edition. An indispensable resource for petroleum policymakers at every level, this book is of special importance and interest to petroleum venture managers, as well as for lawyers, independent consultants, and other professionals who are required to give advice with respect to the economic, regulatory, and cooperative aspects of petroleum operations.
Challenged by sustainability imperatives, the world faces a transition in how it uses and produces energy. Yet, despite the indisputable interdependence between energy and the environment, law in these two areas has developed separately, with little consideration for how the logic and aims of each might be reconciled. This innovative book addresses this crucial nexus, exploring the role that law must inevitably play as the effects of fossil fuel–induced climate change continue to radically affect every aspect of life on Earth. Focusing on the emerging concept of reflexive regulation, the analysis takes giant steps in paving the way for effective legal engagement in the energy transition process. Issues and topics explored in detail include the following: energy’s distinctive characteristic as an economic activity that works in a chain; relation of physical aspects of energy to its legal and social dimensions; main aspects of regulation, environmental law and the concept of sustainability; specific security of supply challenges faced by the industry; and emergence and worldwide adoption of the environmental impact assessment as a procedural mechanism and its connection with Reflexive Regulation. The author supports her arguments with detailed and critical examination of the regulation theoretical framework and includes citations of case law, rules and regulations from diverse jurisdictions. A case study on the development of the Brazilian electricity sector – an exemplary case, considering the country’s abundance of natural energy resources, industrial efficiency prerogatives, regulatory incentives to ensure investment in supply expansion, and increasing demands in meeting sustainability objectives, all as highlighted by ongoing litigation – illustrates the arguments put forward. This book makes a substantial contribution to developing a framework aimed at linking potential divergent policy objectives in diverse and distinct interdependent fields. It will be welcomed by energy and environmental lawyers and policy makers, as well as by economists, scholars and other professionals concerned with the meaning of law and regulation in relation to energy, the environment and development, and the possible roles law and regulation may play in a pressing scenario of change.
Energy and Environmental Law and Policy Series #41 We know the science of climate change; we know the economics of climate change; we also know the law of climate change. However, we do not know how countries may come together to cooperate on climate change mitigation. In this connection, the role of international trade in climate change, although universally acknowledged, is not well understood. This groundbreaking book by one of the world’s foremost authorities on international economic law not only investigates this role in great depth, but also explains how free trade agreements can be used as a powerful tool to help mitigate climate change. Focusing on the idea of climate clubs—namely the coalition of the willing—among governments, companies, and/or international institutions, the book offers insightful analysis on aspects of the trade–climate linkage such as: formation of climate clubs; legitimacy and accountability; technological cooperation; green patents; how competition law hinders effective cooperation between companies seeking to produce sustainable goods; domestic policy preferences; recognizing States that should legitimately be allowed to be free riders; and sanctions for noncompliance. Three detailed case studies are included: a comparison of the U.S. and European Union (EU) Generalized System of Preferences (GSP) programs, energy security in the Arab world, and EU–Russia energy trade relations. With the author’s conviction that global access to energy, mitigating climate change, and benefit from international trade and investment all can be achieved, this book offers a fresh understanding of the international trading system as a way to reach a prosperous, modern, and sustainable society that will help decarbonize the economy effectively. It will be welcomed by all professionals and policymakers concerned with climate change mitigation, and particularly by those active at its nexus with international trade.
estation, habitat destruction and zoonoses; food naming and labelling; and food risk management. Throughout there is reference to an abundance of legislation, treaties, conventions, and case law at domestic, regional, and international levels, with particular attention to European, US, and World Trade Organization law and the work of the FAO. The book clearly demonstrates the necessity for reform of the global system of food production in the direction of a more sustainable and environment-friendly model. In its authoritative discussion of the relations among fields of law that are rarely discussed together – food law and the environment, food law and human rights, food law and animal welfare – this collection of chapters will prove a valuable resource both for officials working in food governance and security and for lawyers and scholars concerned with environmental management, sustainable development, and human rights around the world.
There is clearly an urgent need worldwide to increase the share of renewable energy in the overall energy supply as rapidly as possible. With a well-developed and proven feasible technology, offshore wind power has come to the fore as the most promising means of achieving this goal. However, fragmented authorities and procedures may pose tremendous challenges to the development of an integrated legal framework for offshore wind and the complex installation and grid interconnections it requires. This book surveys and analyses the features essential for the development of such a framework, drawing on the experience of ten countries that have such schemes in place – France, Germany, the United Kingdom, Italy, Norway, the United States, Australia, China, Korea, and Taiwan. Discussing the impact of technological, economic, spatial, and market issues on the legal framework, eleven key policymakers in their respective countries contribute chapters that together reveal the contours of a strong and sound legal framework that serves to enable and facilitate the efficient application of policy initiatives and subsidies. Topics and issues raised and examined include the ways a sound legal framework addresses the following aspects of offshore wind power development: - license schemes; - construction of turbines; - infrastructure of grid, construction harbor, and vessels; - environmental health and safety regulations; and - loan and finance risk. The contributors show that a carefully planned mix of incentives and supplementary schemes is indispensable. The essays are drawn on the presentations and papers offered at the International Conference on a Comprehensive Legal Framework for the Development of Offshore Wind Power Around the World held in Taiwan in August 2016. As a major new contribution to the debate on the importance of a legal framework for offshore wind power and grid interconnections, this book will prove indispensable to lawyers, policymakers, officials, and academics concerned with the management of sea space to include the wind power necessary to achieve and sustain renewable energy goals.