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Brings the concept of gross negligence to the fore and highlights how distributive justice forms a better foundation for risk allocation in the offshore energy industry Assessed the practice of risk allocation in gross negligence cases in offshore petroleum drilling contracts Presented a public policy perspective on risk allocation in offshore drilling contracts Discussed gross negligence as a sui generis risk and provides a definitional pathway for determining when gross negligence has occurred and how it should apply to offshore energy drilling contracts to encourage a pollution-free drilling operation Advanced the concept of distributive justice as a basis for risk allocation between participants when a downside arises due to gross negligence This book examines the practice of risk allocation in the offshore energy industry through the public policy lens and offers a novel perspective on the concept of gross negligence in risk allocation. This perspective is founded on the proportionality element of distributive justice in burden distribution. The assessment of how mutual indemnity clauses apply as an absolute shield against liability arising from gross negligence reveals that moral hazard can result from the practice. In the analysis, this book considers the risk allocation practice in PSC and Concession regimes and how parties' liability is determined in drilling contracts. This book considers gross negligence a sui generis risk and provides a definitional pathway for determining when gross negligence occurs and how it should apply to offshore drilling contracts. Thus, it advances an environmental sustainability approach to offshore petroleum drilling operations. This book will be useful to operators and contractors, resource-rich countries, insurance companies, practitioners, scholars, and academics interested in risk allocation in the petroleum industry.
Brings the concept of gross negligence to the fore and highlights how distributive justice forms a better foundation for risk allocation in the offshore energy industry Drawing on the momentum of the Macondo cases, this book focuses on the crucial practice of risk allocation in the energy industry. The book examines how distributive justice, public policy, and regulation can assist in allocating the risk of gross negligence and promote environmental sustainability in offshore drilling operations. It highlights the need to incentivise accident prevention practices in offshore drilling agreements by holding participants responsible for grossly negligent conduct. The book provides guiding principles and approaches that can assist contracting parties in dealing with gross negligence clauses and the court in interpreting the concept. It critically evaluates gross negligence risk as a special kind of risk, examines its unique contextual settings in jurisdictions including Nigeria, Indonesia, the USA and UK, and analyses it within the context of freedom of contract. Smith I. Azubuike is Assistant Professor in Energy Law at Durham University.
Written by one of the world’s leading scholars in the field, this book provides a unique perspective on the connections between energy justice and human rights. Taking an interdisciplinary approach, the author offers an accessible discussion about the implementation of energy justice in practice. The book explores the rise of justice issues in the energy sector, the interdisciplinary nature of energy justice, the economics of energy justice and provides a practical case study on distributive justice. The penultimate chapter focuses on human rights and energy justice in a world first, and explores the topic from the perspective of the opportunity of last resort. This ‘opportunity of last resort’ is the national courts and is the place where societies can seek to have justice enforced through a variety of human rights being protected. Finally, energy justice risks are highlighted alongside the author’s proposed framework for the next generation of energy justice scholars.
This book re-conceptualizes energy justice as a unifying agenda for scholars and practitioners working on the issues faced in the trilemna of energy security, poverty and climate change. McCauley argues that justice should be central to the rebalancing of the global energy system and also provides an assessment of the key injustices in our global energy systems of production and consumption. Energy Justice develops a new innovative analytical framework underpinned by principles of justice designed for investigating unfairness and inequalities in energy availability, accessibility and sustainability. It applies this framework to fossil fuel and alternative low carbon energy systems with reference to multiple case studies throughout the world. McCauley also presents an energy justice roadmap that inspires new solutions to the energy trilemna. This includes how we redistribute the benefits and burdens of energy developments, how to engage the new energy ‘prosumer’ and how to recognise the unrepresented. This book will appeal to academics and students interested in issues of security and justice within global energy decision-making.
This open access book makes a case for a socially inclusive energy transition and illustrates how engineering and public policy professionals can contribute to shaping an inclusive energy transition, building on a socio-technical systems engineering approach. Accomplishing a net-zero greenhouse gas emissions economy in 2050 is a daunting challenge. This book explores the challenges of the energy transition from the perspectives of technological innovation, public policy, social values and ethics. It elaborates on two particular gaps in the design of public policy interventions focused on decarbonization of the energy system and discusses how both could be remedied. First, the siloed organization of public administration fails to account for the many interdependencies between the energy sector, the mobility system, digital infrastructure and the built environment. Cross-sector coordination of policies and policy instruments is needed to avoid potentially adverse effects upon society and the economy, which may hamper the energy transition rather than accelerate it. Second, energy and climate policies pay insufficient attention to the social values at stake in the energy transition. In addressing these gaps, this book intends to inspire decision makers engaged in the energy transition to embrace the transition as an opportunity to bring a more inclusive society into being.
This publication is dedicated to the issues related to Social Justice in the Caribbean, and seeks to increase dialogue among practitioners, unions, labour activists, academics, policy-makers and other individuals from across the social sciences and humanities. It is purposely multi-disciplinary in orientation, intending to cover issues related to work, workers, labour, and related topics, as well as social, organizational and institutional aspects of work and industrial relations. It aims to set the tone for discourse on a wide range of issues related to the future of work and sustainable Caribbean development, Social Justice, industrial relations, governance systems, social protection, social dialogue, cooperatives and community empowerment, the future of education, migration and security, among others, nationally, and regionally. The publication will represent contemporary scholarly contributions from researchers presenting either original or innovative research that contribute to the theory, practice and public policy dimensions of work, migration, labour, industrial relations, and related issues.
Energy justice is one of the most critical, and yet least developed, concepts associated with sustainability. Much has been written about the sustainability of low-carbon energy systems and policies - with an emphasis on environmental, economic and geopolitical issues. However, less attention has been directed at the social and equity implications of these dynamic relations between energy and low-carbon objectives - the complexity of injustice associated with whole energy systems (from extractive industries, through to consumption and waste) that transcend national boundaries and the social, political-economic and material processes driving the experience of energy injustice and vulnerability. Drawing on a substantial body of original research from an international collaboration of experts this unique collection addresses energy poverty, just innovation, aesthetic justice and the justice implications of low-carbon energy systems and technologies. The book offers new thinking on how interactions between climate change, energy policy, and equity and social justice can be understood and develops a critical agenda for energy justice research.
An examination of shifting global power dynamics in climate change politics, and how this affects our ability to achieve equitable and sustainable climate outcomes. After nearly a quarter century of international negotiations on climate change, we stand at a crossroads. A new set of agreements is likely to fail to prevent the global climate's destabilization. Islands and coastlines face inundation, and widespread drought, flooding, and famine are expected to worsen in the poorest and most vulnerable countries. How did we arrive at an entirely inequitable and scientifically inadequate international response to climate change? In Power in a Warming World, David Ciplet, J. Timmons Roberts, and Mizan Khan, bring decades of combined experience as negotiators, researchers, and activists to bear on this urgent question. Combining rich empirical description with a political economic view of power relations, they document the struggles of states and social groups most vulnerable to a changing climate and describe the emergence of new political coalitions that take climate politics beyond a simple North-South divide. They offer six future scenarios in which power relations continue to shift as the world warms. A focus on incremental market-based reform, they argue, has proven insufficient for challenging the enduring power of fossil fuel interests, and will continue to be inadequate without a bolder, more inclusive and aggressive response.
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.