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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 South Africa. 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 South Africa. 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.
The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.
This book provides a comprehensive analysis of the challenges and opportunities for achieving a net-zero energy transition in Africa. With a focus on policy, technology, financing, and socio-political factors, the book presents four potential scenarios for a sustainable energy transition in the continent. The scenarios presented highlight the importance of balancing economic growth with environmental sustainability and social development. While foreign investments in renewable energy could be beneficial, they must be carefully monitored and regulated to prevent exploitation and ensure accountability. The book also emphasizes the need for collaboration and a calculated transition to ensure that all stakeholders are involved in the process. Additionally, the challenges of achieving self-sufficiency and export-free energy are discussed, with the importance of setting limitations and regulations to prevent a vicious cycle of poverty and dependency on foreign aid. With a deep understanding of Africa's environmental, socio-political, and socio-cultural complexities, “Africa's Path to Net-Zero” offers valuable insights for policymakers, investors, and anyone interested in promoting a sustainable energy future for the continent.
With the inclusion of access to energy in the sustainable development goals, the role of energy to human existence was finally recognized. Yet, in Africa, this achievement is far from realized. Omorogbe and Ordor bring together experts in their fields to ask what is stalling progress, examining problems from institutions catering to vested interests at the continent's expense, to a need to develop vigorous financial and fiscal frameworks. The ramifications and complications of energy law are labyrinthine: this volume discusses how energy deficits can burden disabled people, women, and children in excess of their more fortunate counterparts, as well as considering environmental issues, including the delicate balance between the necessity of water for drinking and cleaning and the use of water in industrial processes. A pivotal work of scholarship, the book poses pressing questions for energy law and international human rights.
Climate Change Law and Policy in the Middle East and North Africa Region provides an in-depth and authoritative examination of the guiding principles of climate change law and policy in the MENA region. This volume introduces readers to the latest developments in the regulation of climate change across the region, including the applicable legislation, institutions, and key legal innovations in climate change financing, infrastructure development, and education. It outlines participatory and bottom-up legal strategies—focusing on transparency, accountability, gender justice, and other human rights safeguards—needed to achieve greater coherence and coordination in the design, approval, financing, and implementation of climate response projects across the region. With contributions from a range of experts in the field, the collection reflects on how MENA countries can advance existing national strategies around climate change, green economy, and low carbon futures through clear and comprehensive legislation. Taking an international and comparative approach, this book will be of great interest to students, scholars, and practitioners who work in the areas of climate change, environmental law and policy, and sustainable development, particularly in relation to the MENA region.
The book provides a systematic examination of the legal, fiscal and institutional frameworks for the commercial development of petroleum and solid mineral resources in Africa. First, it considers the values, assumptions, and guiding principles underpinning legislation and governance in Africa’s extractive sector. It then provides detailed and comparative evaluations of regulatory frameworks, pricing, local content, procurement, sales, and contractual arrangements across African extractive industries. Further, the book assesses how questions of business and human rights risks, accountability, corporate social responsibility, waste and pollution control, environmental justice, and participatory development have been addressed to date, and how they could be addressed better in the future. Enhancing readers’ understanding of the geography, sources and scope of extractive resources in Africa, the book explains how corporations can effectively identify, mitigate and prevent legal and business risks when investing in African extractive industries. Lastly, it discusses the innovative legal strategies and tools needed to achieve a sustainable and rights-based extractive industry.Written in a user-friendly style, the book offers a valuable resource for corporations, investors, environmental and human rights administrators, advocates, policymakers, judges, international negotiators, government officials and consultants who advise on, or are interested in, petroleum and solid mineral investments in Africa. It also offers students and researchers an authoritative guidebook to the current state of extractive industry laws and institutions in Africa. Numerous examples of how international legal norms could be used to help revitalize the underlying legal and fiscal regimes in African extractive industries – to make them more robust, accountable, sustainable and rights-based – round out the coverage
There are few existential challenges more serious in the twenty first century than energy transition. As current trends in energy production prove unsustainable for the environment, energy security, and economic development, innovation becomes imperative. Yet, with technological challenges, come legal challenges. Zillman, Godden, Paddock, and Roggenkamp assemble a team of experts in their field to debate how the law may have to adapt to changes in the area. What regulatory approach should be used? How do we deal with longer-term investment horizons and so called 'stranded assets' such as coal-fired power stations? And can a form of energy justice be achieved which encompasses human rights, sustainable development goals, and the eradication of energy poverty? With a concept as unwieldy as energy innovation, it is high time for a text tackling changes which are dynamic and diverse across different communities, and which provides a thorough examination of the legal ramifications of the most recent technological changes. This book which be of vital importance to lawyers, policy-makers, economists, and the general reader.
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.
The chapters in this volume represent the latest thinking on the development and exploration of unconventional energy resources in the U.S., Canada, Australia, Europe, Russia, Asia Pacific, Middle East, Latin America, and Africa and shed light on its potential and future prospects in these respective regions. The diversity of thinking about the “shale revolution” is also evident in our case studies. Throughout many countries in Europe for example, there is a strong preference for investment in renewable sources of energy over the fossil fuels. In addition to environmental concerns, the falling price of renewables, have also made them more attractive financially. Consequently, global investment in renewables is outpacing that of fossil fuel two to one. Watching this trend, in 2017, the Chinese government has pledged to invest $360 billion on renewable energy. This would make China the largest investor in development of renewables in the world. Other obstacles to development of shale oil and gas in other parts of the world include, lack of adequate shale resources (Africa), the abundance of conventional energy resources (Middle East and North Africa), high cost of production (Russia, China, Japan) and political opposition to hydraulic fracturing (France and Poland). Despite these sentiments the economic imperatives (providing employment) also play a significant role in determining the future prospects for unconventional energy resources globally.