Property And The Law In Energy And Natural Resources

Author : Aileen McHarg
Publisher : Unknown
Page : 498 pages
File Size : 46,8 Mb
Release : 2010
Category : Law
ISBN : 9780199579853

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Property and the Law in Energy and Natural Resources by Aileen McHarg Pdf

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 : Anonim
Publisher : Unknown
Page : 478 pages
File Size : 47,8 Mb
Release : 2010
Category : Energy development
ISBN : 019172274X

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Property and the Law in Energy and Natural Resources by Anonim Pdf

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,Michael C. Blumm
Publisher : Unknown
Page : 656 pages
File Size : 42,5 Mb
Release : 2008
Category : Environmental law
ISBN : STANFORD:36105064224293

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Native American Natural Resources Law by Judith V. Royster,Michael C. Blumm Pdf

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 : David Grinlinton,Prue Taylor
Publisher : Martinus Nijhoff Publishers
Page : 449 pages
File Size : 55,9 Mb
Release : 2011-04-11
Category : Law
ISBN : 9789004182646

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Property Rights and Sustainability by David Grinlinton,Prue Taylor Pdf

This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.

Author : Donald N. Zillman,Aileen McHarg,Adrian Bradbrook,Lila Barrera-Hernandez
Publisher : OUP Oxford
Page : 536 pages
File Size : 55,8 Mb
Release : 2014-03-27
Category : Law
ISBN : 9780191008252

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The Law of Energy Underground by Donald N. Zillman,Aileen McHarg,Adrian Bradbrook,Lila Barrera-Hernandez Pdf

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 : María Augusta León Moreta
Publisher : V&R unipress GmbH
Page : 386 pages
File Size : 42,7 Mb
Release : 2015
Category : Environmental degradation
ISBN : 9783847104186

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The Human Rights Fundaments of Conservation in the Context of the Extraction of Energy Resources by María Augusta León Moreta Pdf

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 : Samantha Hepburn
Publisher : Cambridge University Press
Page : 415 pages
File Size : 44,5 Mb
Release : 2023-08-31
Category : Law
ISBN : 9781009233859

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Mining and Energy Law by Samantha Hepburn Pdf

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 : Catherine Banet,Hanri Mostert,Professor of Law and Dst/Nrf Sarchi Chair Mineral Law in Africa Hanri Mostert,Distinguished Professorial Lecturer in Environmental Law Leroy Paddock,LeRoy Paddock,Milton Fernando Montoya,Iñigo del Guayo
Publisher : Oxford University Press
Page : 401 pages
File Size : 49,9 Mb
Release : 2022-03-11
Category : Emergency management
ISBN : 9780192864574

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Resilience in Energy, Infrastructure, and Natural Resources Law by Catherine Banet,Hanri Mostert,Professor of Law and Dst/Nrf Sarchi Chair Mineral Law in Africa Hanri Mostert,Distinguished Professorial Lecturer in Environmental Law Leroy Paddock,LeRoy Paddock,Milton Fernando Montoya,Iñigo del Guayo Pdf

The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. 'Resilience' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law. With a mix of thematic chapters and case studies from multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for more sustainable outcomes, based on its engagement with this concept of 'resilience' and social-ecological thinking.

Author : Richard Barnes
Publisher : Bloomsbury Publishing
Page : 472 pages
File Size : 43,9 Mb
Release : 2009-04-22
Category : Law
ISBN : 9781847315038

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Property Rights and Natural Resources by Richard Barnes Pdf

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 : Kim Talus
Publisher : Edward Elgar Publishing
Page : 698 pages
File Size : 54,5 Mb
Release : 2014-04-25
Category : Law
ISBN : 9781781002209

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Research Handbook on International Energy Law by Kim Talus Pdf

International energy law is an elusive but important concept. There is no body of law called Šinternational energy law�, nor is there any universally accepted definition for it, yet many specialised areas of international law have a direct relationship

Author : Martha M. Roggenkamp,Kars J. de Graaf,Ruven C. Fleming
Publisher : Edward Elgar Publishing
Page : 865 pages
File Size : 52,8 Mb
Release : 2021-05-21
Category : Law
ISBN : 9781788119689

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Energy Law, Climate Change and the Environment by Martha M. Roggenkamp,Kars J. de Graaf,Ruven C. Fleming Pdf

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.

Author : John Page
Publisher : Routledge
Page : 228 pages
File Size : 48,9 Mb
Release : 2016-08-05
Category : Law
ISBN : 9781317273639

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Property Diversity and its Implications by John Page Pdf

Property is more diverse than is usually assumed. Developing the concept of property diversity, this book explores the varied role of property in placed human landscapes. In acknowledging the propertied diversity about us, the book highlights the paucity of our settled contemporary assumptions of property as defined by private ownership. Challenging this universalizing model, the book analyses how this self-limiting view produces critical blind spots in modern property discourse. In response, it offers a re-conceptualization of property that matches the grounded reality of our rich and diverse relationships with land. Integrating the plurality of real property types (private, public and common) with inclusive understandings of both interest and ownership, it thus identifies and substantiates an overarching theory of property diversity. Drawing on studies from numerous jurisdictions, including the USA, New Zealand, Australia, and the UK, its analysis of property as something more – and indeed other – than a place-less abstraction provides an invaluable contribution to the contemporary law and theory of property.

Author : Iñigo del Guayo,Lee Godden,Donald D. Zillman,Milton Fernando Montoya,José Juan González
Publisher : Oxford University Press
Page : 384 pages
File Size : 45,6 Mb
Release : 2020-05-21
Category : Law
ISBN : 9780192604828

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Energy Justice and Energy Law by Iñigo del Guayo,Lee Godden,Donald D. Zillman,Milton Fernando Montoya,José Juan González Pdf

Energy justice has emerged over the last decade as a matter of vital concern in energy law, which can be seen in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights, consumer protection, international law and trade, and in many forms of regional and national energy law and regulation. This edited collection explores in detail at four kinds of energy justice. The first, distributive justice, relates to the equitable distribution of the benefits and burdens of energy activities, which is challenged by the existence of people suffering from energy poverty. Secondly, procedural (or participation) justice consists of the right of all communities to participate in decision-making regarding energy projects and policies that affect them. This dimension of energy justice often includes procedural rights to information and access to courts. Under the concept of reparation (or restorative) justice, the book looks at even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the collection addresses social justice, with the recognition that energy injustice cannot be separated from other social ills, such as poverty and subordination based on race, gender, or indigeneity. These issues feed into a wider conversation about how we achieve a 'just' energy transition, as the world confronts the urgent challenges of climate change.

Author : Cullen M. Godfrey
Publisher : Section of Environment, Energy & Resources
Page : 116 pages
File Size : 50,5 Mb
Release : 1992
Category : Law
ISBN : STANFORD:36105061712647

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Legal Aspects of the Purchase and Sale of Oil and Gas Properties by Cullen M. Godfrey Pdf

Author : Eric Pearson (Professor)
Publisher : Ingram
Page : 0 pages
File Size : 41,7 Mb
Release : 2012
Category : Environmental law
ISBN : 076984748X

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Environmental and Natural Resources Law by Eric Pearson (Professor) Pdf

View or download the free 2014 Online Supplement for this product. Taken in its expansive sense, "environmental and natural resources law" encompasses pollution control law, energy allocation and conservation law, species and habitat protection, common law property rights, and a host of other areas. Often, this massive body of legal material is divided into two courses, the Environmental Law course dealing primarily with pollution control and the Natural Resources course covering the remainder. This casebook combines the two areas. As a survey course, the expansion of subject matter coverage allows the student a fuller understanding of the "playing field" and the generic issues that arise across this wide spectrum of material. The wider coverage, moreover, should suit both students who want a once-through general understanding of this area of the law as well as those seeking a foundation for more intense future study. Environmental and Natural Resources Law is divided into three parts: First, the book presents 'foundational' material, which includes information on common law remedies, federalism issues, and a bit of the history of the environmental movement that has led to the current network of legal controls. Next, the book covers natural resources law, including the National Environmental Policy Act, the Endangered Species Act, and the public trust doctrine. Also included is optional coverage of federal lands and water rights. Finally, the book surveys pollution control and remediation, discussing the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the 'Superfund' law (CERCLA) in successive chapters. Environmental and Natural Resources Law concentrates on the mechanics of regulatory programs so that students may learn how to read and understand complex statutes, why regulatory initiatives have come into being, and how the various regulatory programs are structured. A Teacher's Manual is available to professors. The Fourth edition of Environmental and Natural Resources Law has the following updates: Survey coverage of both environmental law and natural resources law Update on the domestic law of climate change Emphasis on structure of regulation: federalism; statutory and common law; role of administrative agencies Program-by-program coverage Historical information about the environmental movement Emphasis on developing students? abilities to work with complex statutes This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.