Property and the Law in Energy and Natural Resources PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Property and the Law in Energy and Natural Resources PDF full book. Access full book title Property and the Law in Energy and Natural Resources by Aileen McHarg. Download full books in PDF and EPUB format.
Author: Aileen McHarg Publisher: ISBN: 0199579857 Category : Law Languages : en Pages : 498
Book Description
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.
Author: Aileen McHarg Publisher: ISBN: 0199579857 Category : Law Languages : en Pages : 498
Book Description
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.
Author: Publisher: ISBN: 9780191722745 Category : Energy development Languages : en Pages : 478
Book Description
Examining the multiple interfaces between property law and energy and natural resources law, this text deals with perennial questions about the ownership of energy and natural resources, as well as dealing with the role of property rights in environmental regulation and the property rights of indigenous communities.
Author: Judith V. Royster Publisher: ISBN: Category : Environmental law Languages : en Pages : 656
Book Description
To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.
Author: Donald N. Zillman Publisher: OUP Oxford ISBN: 0191008257 Category : Law Languages : en Pages : 536
Book Description
While energy has been extracted from the ground for two centuries, recent years have seen transformative changes to how easy it is to access underground energy resources. This book investigates the key challenges and legal consequences of recent developments in the use of the subsurface as a source of energy. It provides a comprehensive analysis of the new technologies that have made this possible, such as the extraction of unconventional oil and gas resources through horizontal drilling and hydraulic fracturing, also known as fracking. Further developments include the expanded use of geothermal energy, which has the potential to beome a major renewable energy source. The subsurface can also be utilised for long-term disposal or storage of environmentally harmful by-products of energy use, such as carbon capture and storage (CCS), and disposal of spent nuclear fuel and other nuclear waste. Successful development of these technologies could enhance the use of fossil and nuclear energy by reducing the harm caused by the release of greenhouse gases and harmful radiation. The authors bring together a wide variety of expertise and knowledge to examine the legal implications of the development and control of these underground activities. They provide an invaluable understanding of the legal frameworks applicable to the extraction of underground energy, both at the international level and in a number of important national jurisdictions. Importantly, the book analyses the different regulatory responses to these developments across five continents, and assesses in detail the environmental impact of new energy extraction technologies.
Author: Samantha Hepburn Publisher: Cambridge University Press ISBN: 1009233858 Category : Law Languages : en Pages : 415
Book Description
Mining and Energy Law is a thorough examination of the contemporary mining and energy sectors in Australia. It explores the law governing the current mix of sources utilised in the Australian energy sector, from petroleum and natural gas to renewable energy sources including wind and solar power.
Author: Klaus Mathis Publisher: Springer ISBN: 3319746367 Category : Law Languages : en Pages : 367
Book Description
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.
Author: Richard Barnes Publisher: Bloomsbury Publishing ISBN: 1847315038 Category : Law Languages : en Pages : 472
Book Description
Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.
Author: Lincoln Davies Publisher: West Academic Publishing ISBN: 9781647084301 Category : Energy policy Languages : en Pages : 0
Book Description
New book purchase includes complimentary digital access to the eBook. This casebook serves as a guide to energy law and policy for students who seek to practice in the field and anyone interested in better understanding this critical area of law. It introduces the key federal, state, and local government actors shaping energy issues and explores the multi-jurisdictional approach to energy regulation pervasive in the United States. The book explains the foundations of the laws and policies governing energy extraction, use, markets, and disposal. It covers how we make energy from renewable and non-renewable resources and examines the future of the energy sector in light of new technologies, market trends, emerging risks, and the need for greater equality. The authors use a systemic approach that allows for a deeper exploration of the linkages between the resources, technologies, law, policy, and markets that make up our core energy systems, including electricity and transportation. Energy Law and Policy contains cases, sample statutes and regulations, and pertinent excerpts from experts. These policy-oriented, often empirical materials offer the necessary building blocks for a public law course, particularly one covering a rapidly transitioning field. The book is organized into three parts that introduce students to the fundamental aspects of the energy sector, energy law, and the most pressing energy topics of the 21st century. The third edition expands and deepens coverage in important ways: Updated treatment of state and federal policy initiatives such as community solar, 100% clean energy laws, energy transition and energy markets. An entirely new chapter on how climate change risks and initiatives are shaping the energy sector, including domestic and international net zero energy goals and widespread adoption of electric vehicles. Integration of energy and environmental justice concerns throughout the book. Expanded discussion of energy leasing and extraction on private and federal lands, including solar, geothermal, and onshore and offshore wind energy, and the critical role of energy efficiency. In-depth coverage of new energy-related executive orders, regulations, and policy shifts since the start of the Biden Administration. Enhanced attention to controversial energy transport projects, including oil and natural gas pipelines, fossil fuel export terminals, and long-distance electric transmission lines.
Author: María Augusta León Moreta Publisher: V&R unipress GmbH ISBN: 3847104187 Category : Environmental degradation Languages : en Pages : 386
Book Description
English summary: Energy is the driving force of human development and economic growth. The ceaseless demand for energy resources has triggered the development of extraction projects around the world. This, in turn, has exerted a significant pressure on natural resources as well as on the environment. Since the performance of human rights depends on the environment and on access to natural resources, this Study aims to show the extent to which the negative environmental impact arising from extraction operations prevents the effective realization of human rights. The analysis of substantive and procedural human rights in the light of the case law of international human rights courts provides all stakeholders involved in an energy extraction project with the tools and mechanisms to prevent environmental damage and to ensure the protection of human rights. German description: Energie ist ein entscheidender Faktor fur das Wirtschaftswachstum. Die unaufhorliche Nachfrage nach Energieressourcen hat die Entwicklung von Forderprojekten in der ganzen Welt ausgelost. Dies wiederum hat sowohl einen erheblichen Druck auf die naturlichen Quellen als auch auf die Umwelt ausgeubt. Da die effektive Verwirklichung der Menschenrechte von einer sauberen und gesunden Umwelt abhangt, bezweckt diese Arbeit anhand unterschiedlicher Beispiele zu belegen, dass die Energierohstoffgewinnung sich negativ auf wichtige okologische Voraussetzungen fur die effektive Ausubung der Menschenrechte auswirkt. Im Lichte der Rechtsprechung internationaler Menschenrechtsgerichte zeigt diese Arbeit, dass die Gerichte auf Umweltgrundsatze und -normen zuruckgegriffen haben, um Umweltschaden zu verhindern und den Schutz der Menschenrechte zu gewahrleisten.
Author: Aileen McHarg
Author: Aileen McHarg
Author: 
Author: Judith V. Royster
Author: Texas
Author: Donald N. Zillman
Author: Samantha Hepburn
Author: Klaus Mathis
Author: Richard Barnes
Author: Lincoln Davies
Author: María Augusta León Moreta