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International Law for Energy and the Environment, Second Edition

By Patricia Park

CRC Press – 2013 – 404 pages

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    978-1-43-987096-9
    February 28th 2013

Description

This completely revised edition of Energy Law and the Environment has greatly expanded its scope to explore how international law engages with multinational companies regarding energy sources, ownership of those resources, and state sovereignty. Written for all the players in the energy sector, lawyers and non-lawyers alike, this second edition has been aptly renamed International Law for Energy and the Environment. It considers issues of energy sector regulation related to economics and protection of intellectual property associated with development of technologies for mitigating environmentally damaging emissions.

The book is divided into three sections that build upon each other. Section I addresses the interrelationship between international law, environmental law, and the energy sector. It covers regulatory theory within an economic context; the regulation of multinational companies with regard to international regulation and state rules; and trade, competition, and environmental law in the energy sector. Section II examines the regulation of the various energy sectors—oil, gas, and nuclear—and how international law affects them and their ownership, risk, and liability.

Section III considers some of the main energy producer/user jurisdictions where energy companies operate, including more developed systems around the world, such as the United States, the European Union, the United Kingdom, Norway, and Australia as well as two major emerging economies, namely, India and China. The final chapter reviews the material presented in the book, drawing conclusions about the current state of environmental regulation in the energy sector and identifying potential future developments.

Reviews

"… a welcome addition to a rather limited list of law textbooks which deal with the energy industry. … Written in a very approachable, but at the same time expert and authoritative manner, the book is a must-read for anyone wishing to be involved in the energy business, particularly in the upstream sector. It covers a rich range of topics, not only limiting itself to principles of international energy law, but focusing on individual energy sector and using case studies from a number of different jurisdictions, reflecting the diversity of issues and challenges faced by energy market participants."

—Michael Tamvakis, Cass Business School, City University London, UK

"Everyone dealing with energy and environmental law issues should have this book on his or her shelf! On the one hand, it provides the reader with an excellent overview on current issues of international environmental and energy law. On the other hand, it gives an insight on well chosen specific topics such as the oil and gas sector, CCS or the legal situation in various countries including emerging states such as China and India. This makes it indispensable not only for academics, but also for practising lawyers in the growing field of international energy and environmental law."

Prof. Dr. Thomas Schomerus,Leuphana University Lueneburg

Contents

SECTION I

Introduction to International Law

International Law

The Resources of the Deep Seabed

Petroleum Deposits on the Continental Shelf

Energy Activities Under International Law

The Influence of Science on Environmental Regulation in the Energy Sector

International Policy and Regulatory Bodies

Energy Activities Within the United Nations

The International Scope of Standard Setting

ISO, European Eco-Management and Audit Scheme (EMAS), and Sector Standards

Corporate Social Responsibility and

Environmental Regulation of International

Carbon Capture and Storage (CCS)

Developments on the International CCS Scene

How do You Develop a CCS Regulatory Framework?

Policy Incentives Essential to Deploy CCS

International Treaties and International Documents

Endnotes

Regulation, Energy Resources, and the Environment

Regulatory Design and Economics

Regulatory Development

Market Mechanisms

The Economic Argument

An Overview of Two Market Mechanisms That Have Particular Relevance to the Energy Sector

Emission Inventories

Endnotes

International Law and State Sovereignty

Energy, International, and Environmental Laws

State Sovereignty over its Natural Resources

State Rights over Mineral Resources and Common Space

The 1958 Convention on the Continental Shelf

The UN Convention on the Law of the Sea 1982

Protection of the Marine Environment

Oil Pollution

Standard Setting Within International Treaties and their Protocols

The Depletion of the Ozone Layer

The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer

Climate Change

Trade, Competition, and the Environment

International Competition Law and the General Agreement on Tariffs and Trade

Intellectual Property Rights and Environmental Technology

The Management of Risk in Energy Infrastructure

The Energy Charter Treaty

Case Studies

Model Agreements

Endnotes

SECTION II

International Law and Oil and Gas

Licensing for Onshore Oil and Gas Exploration and Exploitation

The Licence Regime

The Concession Regime

Case Study of the Concession Regime in Brazil

Production-Sharing Agreements

Case Study of Production Sharing in Russia

Service Contracts

Case Study of a Service Contract in Iran

The Regulation of Offshore Installations Under International Law

Ships and Oil Rigs in International Law

Oil Rigs Under the Law of the Sea Convention 1982

Jurisdiction of States in Relation to Offshore Installations

State Control and Jurisdiction Over Oil Rigs

Criminal Jurisdiction

Civil Jurisdiction

Pollution Control and Environmental Issues

Definition of Marine Pollution

Civil Liability for Environmental Harm Caused by Oil Pollution

Three Cases Brought Under the CLC

Decommissioning

Endnotes

International Regulation of the Nuclear Industry

Nuclear Energy and the Environment

The Emergence of Environmental Concerns

The International Regulation of Nuclear Energy

The IAEA and the Regulation of Nuclear Power

OECD Nuclear Energy Agency

Control of Nuclear Risk

State Responsibility for Nuclear Damage and Environmental Harm

The Transportation of Radioactive Materials

The IAEA Regulations

The Civil Liability Conventions

Assessment of the Nuclear Conventions

Developments Since Chernobyl

Nuclear Waste

Euratom and the European Dimension

Nuclear Installations in the United Kingdom

Decommissioning of Nuclear Installations in the European Union

Decommissioning in the United Kingdom

Endnotes

SECTION III

Energy Law in the United States

Federal Regulatory Bodies

Energy Regulation by the States

Constitutional Principles and Regulatory Jurisdiction

Regulation for the Different Energy Sectors

State Regulation of Oil and Gas

Offshore Oil and Gas

Environmental Concerns

Case Studies

Case Study of the BP Oil Spill

Coal

Regulation of the Electricity Sector

Nuclear Power in the United States

Hydropower and Renewable Sources

Endnotes

Energy Law in the European Union

An Energy Policy for Europe

The Historical Development of European Energy Law

Scope of the ECSC Treaty

Inconsistencies Between the Treaties

The Objectives of the ECSC Treaty

The European Atomic Energy Community Treaty

The European Energy Policy

Investment Planning

Non-Discrimination and the Licensing of Hydrocarbons

The Liberalising of the Electricity and Gas Markets

The European Energy Charter Treaty

Environmental Aspects

The Constitutional Basis of European Environmental Legislation

Types of European Environmental Legislation

Directives with Particular Relevance to the Energy Sector

The Protection of Habitats and Species

European Legislation Covering Industrial Activity in the Energy Sector

Community Action: Energy Tax and Industry

Enforcing European Environmental Law

The Interrelationship Between the Third Energy Package and the Climate Change Package

The Third Energy Package

The EU Climate Change Package

Looking Forward Under the European Climate Change

Regime

Endnotes

Energy Law in the United Kingdom

Energy Policy

The Primary Energy Supply

Infrastructure

Energy Users

The Interrelationship Between Environmental and Energy Policies

UK Regulatory Bodies

Regulations for the Different Energy Sectors

The Ospar Commission

Disposal on Land

Post-Decommissioning Surveys and Monitoring

Residual Liability

Onshore Oil and Gas

Environmental Management Systems

The Gas Supply Industry

Coal Industry

Electricity Supply Industry

Endnotes

Energy Law in Norway

Introduction

Government in Norway

The Industry Structure of Electricity Supply in Norway

The Development of the Petroleum Sector

Industry Structure

Environmental Issues

Energy Efficiency

Carbon Capture and Storage (CCS)

Endnotes

Energy Law in Australia

Introduction

Industry Structure of the Electricity Market

Energy Sectors

Carbon Capture and Storage

Future Developments

Endnotes

Energy Law in India

Legislative Framework

Regulation of Electricity

The Policy Framework

Market Organisation

Renewable Energy Policy

The National Action Plan on Climate Change (NAPCC)

Wind Energy

Solar Energy

Hydropower, Geothermal, and Wave Energies

Waste to Energy

Biofuels

Carbon Capture and Storage

Policy and the Climate Change Agenda

Nuclear Energy

Endnotes

Energy Law in China

Evolution of Chinese Government Policy in Respect of the Energy Sector

Framework of Energy Law in China

Renewable Energy

Endnotes

Summary

Introduction

The Simple Economics of Environmental Policies

A Technological Answer to Carbon Dioxide Emissions

International Efforts to Mitigate Environmental

Degradation

Endnotes

Bibliography

Index

Author Bio

Patricia Park is a research professor at Southampton Solent University, United Kingdom. She was previously head of the Law Research Centre for 12 years. Patricia has carried out research for international oil companies, the United Kingdom, and German governments, and specialises in the regulation of industry, in particular, the energy sector. She has worked and carried out research in the United States, Sweden, Norway, Germany, Belgium, and India. She is a Fellow of the Energy Institute and a member of the International Bar Association, and was appointed as an original member of the Regional Environmental Pollution Advisory Committee to the newly formed Environment Agency in 1996. She was appointed a member of the Commission on Environmental Law of the IUCN in 1995. Patricia has published and lectured extensively in both the environmental and energy areas. Patricia has been a Magistrate since 1982.

Duncan Park is the intellectual property manager at Leogriff AS, Oslo, Norway. He was recently leading counsel at Statoil ASA, Oslo for four years and prior to that was IP Counsel at Schlumberger WesternGeco. Duncan has worked both in private practice as a patent attorney and as in-house counsel, both in the United Kingdom and in Norway. He specialises in the strategic development of intellectual property rights, mainly within the energy sector, providing advice to technical and commercial departments. Duncan’s first degree was in mechanical engineering.

Name: International Law for Energy and the Environment, Second Edition (Hardback)CRC Press 
Description: By Patricia Park. This completely revised edition of Energy Law and the Environment has greatly expanded its scope to explore how international law engages with multinational companies regarding energy sources, ownership of those resources, and state sovereignty. Written...
Categories: Environmental Law - Law, Renewable Energy, Business & Policy