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This book presents the ability to bring together a single work of scientific articles from the best minds of the Institute of Environment and Energy of the University of São Paulo to analyze the legal, regulatory, and technical architecture of the natural gas exploration chain in Brazil. The theme is current and relevant, considering that global conflicts are relevant to the energy issue and access to means of energy generation.Also, with the change of the Brazilian regulatory framework for the gas market, to promote its deconcentration and facilitate the entry of new entrants, knowledge of the current rules is of paramount importance for scholars on the subject. The deconcentration of the market will result in increased competitiveness and investment by the private sector in the gas sector, resulting in a reduction in fuel prices. Hope the readers enjoy it!
The book presents contributions from Brazilian experts on the regulation of different energy sources. Focusing on describing and discussing the fundamental issues related to the legal regulation of each of the sources that compose Brazil's energy matrix, it also analyzes economic and strategic aspects and identifies the main current problems related to the exploration for and production of each energy source. The book offers a clear and detailed overview of energy law and regulation for policymakers, foreign investors and legal professionals dealing with energy projects in Brazil.
"Showing unambiguously that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment."--Publisher's website
This book describes the energy-law situation in Brazil. It focuses on three specific energy sectors: oil, natural gas and biofuel. The decision to concentrate on these areas takes into account the role that these energy sectors play in the economic, political and legal systems in Brazil, as well as the fact that they are the primary subjects of current discussions surrounding economic regulation in the country. The book, composed of thematic chapters authored by specialized legal researchers, analyzes the different aspects of the oil, gas and biofuels industry, starting with an introduction and technical points and followed by a discussion of the legal issues. It also considers the different legal areas used to examine the aforementioned energy sectors, such as regulatory law, environmental law, tax law, international law, among others. The book will serve as a valuable guide for researchers interested in understanding Brazilian energy law, and at the same it time presents the state of the art of studies carried out in Brazil.
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.
Removing unnecessary barriers to competition through targeted reforms can foster productivity and economic growth. This Regulatory Reform Review of Brazil analyses sectors that create barriers to competition, such as regulations that create obstacles to the entry of firms, inhibit the entry of firms, or restrict activities in professional and network sectors.
The emergence of unconventional oil and gas extraction, known as the "shale revolution", since 2008 has fundamentally reshaped the global energy sector. This revolution, driven by technological advancements in hydraulic fracturing and horizontal drilling, has unlocked vast reserves of oil and gas previously deemed inaccessible. Despite challenges like the COVID-19 pandemic, fluctuating oil prices, and growing environmental concerns, unconventional resources continue to play a pivotal role in shaping energy policies worldwide. This book delves deeply into the transformative impact of unconventional resources on international energy markets and policies, providing a comprehensive analysis of their significance. Written by over 20 experts in oil and gas law, the book offers a rich, multidisciplinary perspective. It covers topics that are "horizontal" and cut across various jurisdictions, providing a comparative approach that spans 11 different countries, including the USA, Canada, Argentina, Brazil, Colombia, Mexico, the UK, Algeria, Libya, China, and Germany. This extensive analysis ensures a broad understanding of the global landscape of unconventional resources. Main themes include: · Global Impact: Unconventional resources have not only transformed the United States into a leading oil and gas producer but have also significantly influenced energy strategies worldwide. Countries across North America, South America, Europe, and Asia have adopted various strategies to harness these resources, reshaping the global energy market. · Policy Considerations: Key policy issues addressed in the book include the environmental and social impacts of unconventional resource extraction. Topics such as water management, the coexistence of drilling operations with other land uses, and the social implications of resource extraction are thoroughly examined. · Legal Framework: The book explores the complex legal landscape governing unconventional operations, delves into stakeholder dynamics, regulatory frameworks, and the intricacies of legal provisions that vary from one jurisdiction to another. · Geographical Analysis: In its second part, the book provides an in-depth analysis of specific country regulations. This section offers comparative insights into the regulatory approaches of eleven countries, highlighting both common challenges and unique strategies. The book concludes by exploring lessons learned and future perspectives within the framework of the energy trilemma—balancing energy security, environmental sustainability, and economic affordability. It emphasizes the transformative impact of unconventional resources on energy independence and security, while also addressing the contentious environmental considerations that accompany such developments. Overall, this book aims to equip readers with a comprehensive understanding of the legal and regulatory landscape surrounding unconventional oil and gas resources. By examining global experiences and diverse regulatory frameworks, it seeks to inform decision-making processes and promote sustainable development in the unconventional energy sector. The book benefits from critical analyses and comparative descriptive reviews of each country's unique approach, making it an invaluable resource for policymakers, industry professionals, and scholars alike.
Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.
Examining local content law and policy in the oil and gas industry, this book uses Nigeria as a primary case study, comparing its approach to countries such as Brazil and Norway which have also adopted local content laws in relation to their gas and oil industries. In considering various aspects of local content law and policy as they apply to the oil and gas industry, the book examines the factors behind the formulation of local content policies by petroleum producing states, and the various strategies they have employed to implement them. It analyses arguments against local content requirements from the perspective of international trade and investment law, and from liberal market economic theorists, who argue against its overall usefulness. The book highlights salient aspects of the oil and gas industry such as regulation, national oil companies, treatment of minorities, and policy formulation and implementation.