2nd Edition

International Law for Energy and the Environment




ISBN 9781439870969
Published March 1, 2013 by CRC Press
404 Pages

USD $180.00

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Book 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.

Table of 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

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Author(s)

Biography

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.

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