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Environmental Hazards from Offshore Methane Hydrate Operations

Environmental Hazards from Offshore Methane Hydrate Operations
Author: Roy Andrew Partain
Publisher: Kluwer Law International B.V.
Total Pages: 418
Release: 2017-05-01
Genre: Law
ISBN: 9041187316

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" Although methane hydrates are not recent discoveries, it is only now that their extraction and production are becoming commercially feasible as a major new energy source. They are present offshore in almost every coastal state, and their economic potential for endowing those states with abundant natural gas – in addition to their utility as freshwater resources and as carbon sinks for captured greenhouse gases – is vast. This book presents the first treatment of the legal issues facing the future of offshore methane hydrates, taking into account both proprietary interests and environmental hazards. Starting from law and economics theory as applied to environmental accidents, the book’s analytical framework addresses how best to provide for the opportunities and challenges presented by offshore methane hydrates. Issues and topics include the following: - introduction to the science and technology of offshore methane hydrates; - methane as a green energy source; - research programmes and agendas under way in Japan, South Korea, the United States, Canada, China, and India; - carbon capture and sequestration; - risks – methane emissions, large-scale combustion events, subsea landslides, tsunamis, earthquakes, deep ocean eruptions; - strategies of risk governance – during exploration, development, production and abandonment of the extraction process; - acts that enable seeping and venting of methane; - regulatory compliance as a defense from liability; - grounds for deference to rules of civil liability; - potential impact on anthropogenic climate change; and - private regulation and market-based incentives The analysis compares and contrasts recommended legal policies with existing legal frameworks in relevant international conventions, the European Union, and the United States. Rules of civil liability are reviewed to determine when strict liability or negligence might be efficiently employed in risk governance along with the implementation of public regulations. As a road map to amending and revising existing laws and conventions, this book will be of inestimable practical value to policymakers in supporting the optimal risk governance of the development of methane hydrates. For potential entrepreneurs and operators, this book greatly reduces the legal uncertainty underlying their decision-making and investment decisions. Furthermore, this book enables a broad cross-section of legal practitioners and scholars to engage in this fascinating late arrival to the natural resources law and policy arena. "


Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions

Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions
Author: Damilola S.Olawuyi
Publisher: Kluwer Law International B.V.
Total Pages: 659
Release: 2019-12-18
Genre: Law
ISBN: 9403506652

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Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law: obligations and liabilities; relationship of the parties; exclusive operations; force majeure; hardship; and host granting instrument. A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance. The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.


Petroleum, Industry and Governments

Petroleum, Industry and Governments
Author: Bernard Taverne
Publisher: Kluwer Law International B.V.
Total Pages: 389
Release: 2022-05-13
Genre: Law
ISBN: 9403532319

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The grave concern of governments for the negative impact on the world climate caused by the release into the atmosphere of CO2 resulting from human activity, and under human control, such as the burning and combustion of oil products from the refinery, of natural gas and coal (the fossil fuels) made it possible for the international community to agree to and establish a global climate agreement, viz. The Paris Agreement of 1915. In order to meet the objectives of this Agreement, governments will try (among other measures) to curb the consumption of fossil fuels. This will not be easy since, in particular in less advanced economies, fossil fuels are for the coming decades indispensable. In more advanced economies, there are alternatives available, but as long as a possible switching to nuclear fission energy meets with public opposition, even the more advanced economies will remain dependent on fossil fuels for the coming decades. In its deeply informed discussion of the involvement of industry and governments with the production and use of petroleum, the prodigious scope of the coverage encompasses the following and much more: technical and environmental aspects of the production of oil and natural gas; position and function of petroleum and natural gas in the economy; government policies and attitudes towards fossil fuels, particularly with respect to climate change; national and international regulation of onshore or offshore petroleum operations; how oil and natural gas markets work; old and new forms and manifestations of political risk; distinction between licence-based and contract-based petroleum legislation; production sharing agreements; and petroleum taxation. The author draws on laws, contracts, government policy documents, trade journals, and statistical data available from international organizations and institutes and international oil companies. Underlying much of the review and discussion are governmental concerns with the prospects for economic alternatives and control of CO2 emissions. The often conflicting policy options open to governments and the consequences, if any, for both oil and natural gas and the petroleum industry are reviewed and discussed. All statistics and projections regarding reserves, production and consumption of oil and natural gas have been updated. Because so much continues to happen in the realm covered by this book, all who depend on its previous editions will need this updated and significantly rewritten edition. An indispensable resource for petroleum policymakers at every level, this book is of special importance and interest to petroleum venture managers, as well as for lawyers, independent consultants, and other professionals who are required to give advice with respect to the economic, regulatory, and cooperative aspects of petroleum operations.


Reconciling Energy, the Environment and Sustainable Development

Reconciling Energy, the Environment and Sustainable Development
Author: Maria João C. Pereira Rolim
Publisher: Kluwer Law International B.V.
Total Pages: 517
Release: 2019-08-13
Genre: Law
ISBN: 9403514655

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Challenged by sustainability imperatives, the world faces a transition in how it uses and produces energy. Yet, despite the indisputable interdependence between energy and the environment, law in these two areas has developed separately, with little consideration for how the logic and aims of each might be reconciled. This innovative book addresses this crucial nexus, exploring the role that law must inevitably play as the effects of fossil fuel–induced climate change continue to radically affect every aspect of life on Earth. Focusing on the emerging concept of reflexive regulation, the analysis takes giant steps in paving the way for effective legal engagement in the energy transition process. Issues and topics explored in detail include the following: energy’s distinctive characteristic as an economic activity that works in a chain; relation of physical aspects of energy to its legal and social dimensions; main aspects of regulation, environmental law and the concept of sustainability; specific security of supply challenges faced by the industry; and emergence and worldwide adoption of the environmental impact assessment as a procedural mechanism and its connection with Reflexive Regulation. The author supports her arguments with detailed and critical examination of the regulation theoretical framework and includes citations of case law, rules and regulations from diverse jurisdictions. A case study on the development of the Brazilian electricity sector – an exemplary case, considering the country’s abundance of natural energy resources, industrial efficiency prerogatives, regulatory incentives to ensure investment in supply expansion, and increasing demands in meeting sustainability objectives, all as highlighted by ongoing litigation – illustrates the arguments put forward. This book makes a substantial contribution to developing a framework aimed at linking potential divergent policy objectives in diverse and distinct interdependent fields. It will be welcomed by energy and environmental lawyers and policy makers, as well as by economists, scholars and other professionals concerned with the meaning of law and regulation in relation to energy, the environment and development, and the possible roles law and regulation may play in a pressing scenario of change.


Application of Anti-manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law

Application of Anti-manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law
Author: Huseyin Cagri Corlu
Publisher: Kluwer Law International B.V.
Total Pages: 314
Release: 2018-06-05
Genre: Law
ISBN: 9041196048

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In the course of energy liberalisation, electricity and natural gas contracts have been separated from physical delivery, and these contracts are now traded as commodities in multilateral trading facilities. Although designed to render energy trading standardised and efficient, this system raises serious questions as to whether existing regulatory and antitrust provisions are sufficient to address market abuses that cause imbalances in demand and supply. The European Union’s (EU’s) Regulation on Wholesale Energy Market Integrity and Transparency (REMIT), adopted to combat such market manipulation, is still lacking in significant case law to bolster its effectiveness. Addressing this gap, this invaluable book provides the first in-depth analysis of market manipulation in the energy sector, offering a deeply informed understanding of the new anti-manipulation rules and their implementation and enforcement. Focusing on practices that perpetrators employ to manipulate electricity and natural gas markets and the applicability of anti-manipulation rules to combat such practices, the analysis examines such issues and topics as the following: – factors and circumstances that determine when and what market misconduct can be subject to enforcement; – the European Commission’s criteria to determine whether a particular market is susceptible to regulation; – jurisdiction of REMIT and the Market Abuse Regulation (MAR) with respect to the prohibitions of insider trading in financial wholesale energy markets; – to what extent anti-manipulation rules and EU competition law may be applied concurrently; and – types of physical and financial instruments that market participants have employed in devising their manipulative schemes. Because market manipulation is rather new in the EU context but has been prohibited and prosecuted under US law for over a century, much of the case law analysis is from the United States and greatly clarifies how anti-manipulation rules may be enforced. A concluding chapter offers policy recommendations to mitigate legal uncertainties arising from REMIT. Energy market participants, such as energy producers, wholesale suppliers, traders, transmission system operators and their counsel, and legal practitioners in the field will welcome this book’s extensive legal analysis and its clear demarcation of the objectives that REMIT seeks to accomplish with respect to energy market liberalisation.


Climate Clubs for a Sustainable Future

Climate Clubs for a Sustainable Future
Author: Rafael Leal-Arcas
Publisher: Kluwer Law International B.V.
Total Pages: 330
Release: 2021-08-23
Genre: Law
ISBN: 9403537205

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Energy and Environmental Law and Policy Series #41 We know the science of climate change; we know the economics of climate change; we also know the law of climate change. However, we do not know how countries may come together to cooperate on climate change mitigation. In this connection, the role of international trade in climate change, although universally acknowledged, is not well understood. This groundbreaking book by one of the world’s foremost authorities on international economic law not only investigates this role in great depth, but also explains how free trade agreements can be used as a powerful tool to help mitigate climate change. Focusing on the idea of climate clubs—namely the coalition of the willing—among governments, companies, and/or international institutions, the book offers insightful analysis on aspects of the trade–climate linkage such as: formation of climate clubs; legitimacy and accountability; technological cooperation; green patents; how competition law hinders effective cooperation between companies seeking to produce sustainable goods; domestic policy preferences; recognizing States that should legitimately be allowed to be free riders; and sanctions for noncompliance. Three detailed case studies are included: a comparison of the U.S. and European Union (EU) Generalized System of Preferences (GSP) programs, energy security in the Arab world, and EU–Russia energy trade relations. With the author’s conviction that global access to energy, mitigating climate change, and benefit from international trade and investment all can be achieved, this book offers a fresh understanding of the international trading system as a way to reach a prosperous, modern, and sustainable society that will help decarbonize the economy effectively. It will be welcomed by all professionals and policymakers concerned with climate change mitigation, and particularly by those active at its nexus with international trade.


Exploration and Production of Oceanic Natural Gas Hydrate

Exploration and Production of Oceanic Natural Gas Hydrate
Author: Michael D. Max
Publisher: Springer
Total Pages: 405
Release: 2016-08-16
Genre: Technology & Engineering
ISBN: 3319433857

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This book describes aspects of the natural gas hydrate (NGH) system that offer opportunities for the innovative application of existing technology and development of new technology that could dramatically lower the cost of NGH exploration and production. It is written for energy industry professsionals and those concerned with energy choices and efficiencies at a university graduate level. The NGH resource is compared with physical, environmental, and commercial aspects of other gas resources. The authors' theme is that natural gas can provide for base and peak load energy demands during the transition to and possibly within a renewable energy future. This is possibly the most useful book discussing fossil fuels that will be a reference for environmentalists and energy policy institutions, and for the environmental and energy community.


International Food Law

International Food Law
Author: Cinzia Caporale
Publisher: Kluwer Law International B.V.
Total Pages: 511
Release: 2021-05-21
Genre: Law
ISBN: 940351812X

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estation, habitat destruction and zoonoses; food naming and labelling; and food risk management. Throughout there is reference to an abundance of legislation, treaties, conventions, and case law at domestic, regional, and international levels, with particular attention to European, US, and World Trade Organization law and the work of the FAO. The book clearly demonstrates the necessity for reform of the global system of food production in the direction of a more sustainable and environment-friendly model. In its authoritative discussion of the relations among fields of law that are rarely discussed together – food law and the environment, food law and human rights, food law and animal welfare – this collection of chapters will prove a valuable resource both for officials working in food governance and security and for lawyers and scholars concerned with environmental management, sustainable development, and human rights around the world.


The Development of a Comprehensive Legal Framework for the Promotion of Offshore Wind Power

The Development of a Comprehensive Legal Framework for the Promotion of Offshore Wind Power
Author: Anton Ming-Zhi Gao
Publisher: Kluwer Law International B.V.
Total Pages: 296
Release: 2016-04-24
Genre: Law
ISBN: 9041183981

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There is clearly an urgent need worldwide to increase the share of renewable energy in the overall energy supply as rapidly as possible. With a well-developed and proven feasible technology, offshore wind power has come to the fore as the most promising means of achieving this goal. However, fragmented authorities and procedures may pose tremendous challenges to the development of an integrated legal framework for offshore wind and the complex installation and grid interconnections it requires. This book surveys and analyses the features essential for the development of such a framework, drawing on the experience of ten countries that have such schemes in place – France, Germany, the United Kingdom, Italy, Norway, the United States, Australia, China, Korea, and Taiwan. Discussing the impact of technological, economic, spatial, and market issues on the legal framework, eleven key policymakers in their respective countries contribute chapters that together reveal the contours of a strong and sound legal framework that serves to enable and facilitate the efficient application of policy initiatives and subsidies. Topics and issues raised and examined include the ways a sound legal framework addresses the following aspects of offshore wind power development: - license schemes; - construction of turbines; - infrastructure of grid, construction harbor, and vessels; - environmental health and safety regulations; and - loan and finance risk. The contributors show that a carefully planned mix of incentives and supplementary schemes is indispensable. The essays are drawn on the presentations and papers offered at the International Conference on a Comprehensive Legal Framework for the Development of Offshore Wind Power Around the World held in Taiwan in August 2016. As a major new contribution to the debate on the importance of a legal framework for offshore wind power and grid interconnections, this book will prove indispensable to lawyers, policymakers, officials, and academics concerned with the management of sea space to include the wind power necessary to achieve and sustain renewable energy goals.