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The world's energy structure underpins the global environmental crisis and changing it will require regulatory change at a massive level. Energy is highly regulated in international law, but the field has never been comprehensively mapped. The legal sources on which the governance of energy is based are plentiful but they are scattered across a vast legal expanse. This book is the first single-authored study of the international law of energy as a whole. Written by a world-leading expert, it provides a comprehensive account of the international law of energy and analyses the implications of the ongoing energy transformation for international law. The study combines conceptual and doctrinal analysis of all the main rules, processes and institutions to consider the past, present and likely future of global energy governance. Providing a solid foundation for teaching, research and practice, this book addresses both the theory and real-world policy dimension of the international law of energy.
The international legal rules affecting renewable alternative energy resources are amongst the most important legal and environmental concerns of the near future. As traditional energy sources are depleted, new technologies are being developed to harness the potentials of wave, current and tidal energy, coastal wind power, offshore geothermal, polar energy resources and space-based solar collection. This book is the first comprehensive analysis of the legal rules governing the alternative energy resource potential of all international common areas - the high seas, the polar zones (especially Antarctica) and outer space. In a detailed, but precisely analyzed text, the book also reviews the international environmental rules affecting exploration, exploitation and use of internationally situated energy resources, alongside resources located offshore under national jurisdictions. This is accompanied by a critical look at the connection between efforts to control greenhouse gases and the growing interest in non-polluting alternatives found in the international "commons . The result is a work of unprecedented value for environmental and international law academics and practitioners, as well as those interested in environmental resource economics and politics.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in International Energy Law. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting International Energy Law. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
Many States have also introduced guarantees into their domestic legislation. This multi-tier regime of stability has fundamentally altered the legal framework for energy investors and host States and offers extensive scope for international arbitration in the event of disputes. It is a system that is currently being tested in a number of high-value commercial disputes as a result of a wave of unilateral State action, most evidently in Latin America and East Europe. The protections for investors are being tested as arbitrators develop new notions of legitimate expectations and give content to fair and equitable treatment, while mapping out more precisely the duties which investors have to host States. This book examines critically the interaction between contract and treaty forms of stability in the new multi-tier setting, including two highly detailed regional case studies of Latin America and East Europe. In its concluding section, it looks forward to new challenges arising from climate change, human rights and environmental issues. Readership: Primary: Legal practitioners, arbitrators and academics with an interest in energy law and dispute resolution Secondary: In-house legal departments at energy companies NGO's and government lawyers
Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, 'The prospects of energy transition', critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, 'Rules-based multilateral governance of the energy sector', details the development and sources of rules on energy. Part III, 'Competition and regulation in transboundary energy markets', discusses principal instruments of rules-based governance of energy. Part IV, 'Attracting investments and the challenges of multi-level governance', focuses on the critical governance of the right investments. This book is a flagship publication of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. It launches the Hart series 'Global Energy Law and Policy' and is edited by the series general editors Professors Peter D Cameron and Volker Roeben, and also Dr Xiaoyi Mu.
This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply.
Carbon Capture and Storage in International Energy Policy and Law identifies the main contemporary regulatory requirements, challenges and opportunities involving CCS from a comparative and interdisciplinary perspective. It draws on the scholarship of renowned researchers across the fields of international energy law and policy to address CCS regulation and its impact on climate change, sustainable development, and related consequences for energy transition. In this vein, the book aims to address issues related to energy, energy justice and climate changes (including CCS technology). Contributors discuss the main challenges and advantages concerning international energy and the forms CCS may contribute to energy security, climate change, adaptation and mitigation of GHG emissions and sustainable development. In this light, the book discusses CCS as a bridge that integrates international energy, climate change and sustainable development. Covers contemporary regulatory command-and-control and market incentive instruments across the local, regional and/or international spheres in-depth and in comparison Reviews deregulatory impacts, modern financing of CCS, liability of the involved parties, and pertinent environmental issues Addresses sociotechnical aspects of CCS and its specific impact on the international arena Discusses the interplay of carbon capture and storage, renewables and the overall energy transition, current pathways to sustainable development
In 2011, Professor Adrian J Bradbrook retired from a distinguished scholarly career spanning over forty years. During this time, he made a significant contribution to teaching and scholarship not only in property law — specifically to leasehold tenancies law and easements and restrictive covenants — but also to energy law, especially the emerging and growing field of solar energy. This book brings together those people who worked closely with Bradbrook, each an expert in their own right, to honour a career by critically engaging with the contributions Bradbrook made to property and energy law. Each author has chosen a topic that both fits with their own cutting-edge research and explores the related contributions made by Bradbrook. Most unusually, this collection ranges widely across property law, energy law and human rights.
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. Chapter 12 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
This book offers an edited volume for all readers who wish to gain an in-depth grasp of the economic analysis of recent developments in energy law and policy in Europe and the United States. In response to waning resources and heightened environmental awareness, many countries are now seeking to redefine their energy mix. Several energy sources are available: coal and oil, natural gas, and a variety of renewables. Yet which of them are capable of addressing core energy-related concerns? Reliability, security, affordability, fairness, and sustainability all have to be taken into account. Further, once a target mix has been identified, two challenges remain for legal scholars: what role does the law play in achieving a specified energy mix, and, how can the law best fulfill that role? The essential energy concerns are just as important in defining the way we shape our energy mix as they are in defining the mix itself. An example of current challenges in energy law and policy can be seen in the pursuit by the German and Swiss governments of the so-called “Energiewende” (energy transition). These policies are intended to enable the transition from a non-sustainable use of fossil and nuclear energy to a more sustainable approach based on renewable energies. On the one hand, the goal is to achieve a decarbonization of the energy economy by reducing the use of fossil energy sources such as petroleum, carbon and natural gas. On the other, and in response to the Fukushima nuclear accident, a phase out is intended to eliminate the dangers of nuclear technologies. Achieving these goals poses tremendous challenges for the two countries’ energy policies – partly because the energy transition will not only affect energy production, but also energy consumption. From a Law and Economics perspective, a number of questions arise: to what extent is it justifiable to rely on markets and continued technological innovation, especially with regard to the present exploitation of scarce resources? To what extent is it necessary for states to intervene in energy markets? Regulatory instruments are available to create and maintain more sustainable societies: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, and more. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur the sustainable consumption and production of energy in order to protect the environment while mitigating any potential negative impacts on economic development? Do neoclassical and behavioural economics provide us with a suitable framework for predicting the market’s complex reactions to a changing energy policy? This book provides theoretical insights as well as empirical findings in order to answer these vital questions.