Sharing the Costs and Benefits of Energy and Resource Activity

Sharing the Costs and Benefits of Energy and Resource Activity
Author: Lila Katz Barrera-Hernández
Publisher:
Total Pages: 447
Release: 2016
Genre: Energy industries
ISBN: 9780191821783

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Energy and resource activities bring benefits for many, but also impose costs on communities. This book uses cases studies from across the globe to examine the emergence of 'sharing' and the legal measures which seek to balance the costs of energy and resources projects.

Sharing the Costs and Benefits of Energy and Resource Activity

Sharing the Costs and Benefits of Energy and Resource Activity
Author: Lila Katz Barrera-Hernández
Publisher: Oxford University Press
Total Pages: 481
Release: 2016
Genre: Law
ISBN: 0198767951

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Energy and resource activities bring benefits for many, but also impose costs on communities. This book uses cases studies from across the globe to examine the emergence of 'sharing' and the legal measures which seek to balance the costs of energy and resources projects.

Reforming Mining Law

Reforming Mining Law
Author: Christian Matabaro
Publisher: Xlibris Corporation
Total Pages: 248
Release: 2019-03-22
Genre: Education
ISBN: 1796022691

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The Democratic Republic of Congo is endowed with immense mineral wealth. Its minerals include cobalt, copper, diamond, gold, iron, manganese, tantalum, tin, tungsten, and zinc. Yet the contribution of mineral abundance to the country’s economic development is poor. The Congolese mining sector was initiated in 1905 with the creation of OKIMO (Office des Mines d’or de Kilo Moto) and UMHK (Union Minière du Haut-Katanga). The rapid development of mining companies improved economic growth until 1973, when President Mobutu introduced a variety of inadequate economic policies, including zairianization and radicalization, that slowed down economic development. The actual mining code was adopted in 2002 to enhance a mining sector that already collapsed. This study suggests a variety of mechanisms and measures that are meant to energize the Congolese mining sector and, hence, allow the country to benefit entirely from its mineral abundance.

Natural Resources and Human Rights

Natural Resources and Human Rights
Author: Jérémie Gilbert
Publisher: Oxford University Press
Total Pages: 248
Release: 2018-10-25
Genre: Law
ISBN: 0192515187

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Natural resources and their effective management are necessary for securing the realisation of human rights. The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace and security, but it is also intimately connected to the political, economic, social and cultural rights of individuals and communities relying on these resources. The management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms and weak policies coupled with a continued denial of the human rights of local communities. This book argues that human rights law can play an important role in ensuring a more effective and sustainable management of natural resources, putting forward the idea of a human rights-based normative framework for natural resource management. It offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.

The Law for Energy Prosumers

The Law for Energy Prosumers
Author: Daniela Aguilar Abaunza
Publisher: Springer Nature
Total Pages: 271
Release: 2022-08-29
Genre: Law
ISBN: 9811941718

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This book argues that law has a vital role in shaping the electricity system to enable a more active role for consumers in liberalizsed electricity industries. To do that, this book offers a unique legal perspective of the Netherlands, New Zealand and Colombia to help understand some of the current legal approaches to prosumers and therefore the legal challenges and opportunities facing. Law and regulation have the role of creating a level playing field for emerging participants, such as prosumers, to participate and compete in the market together with traditional actors, bringing not only more competition but also representing a more sustainable, environmental and democratic way to supply energy. Furthermore, law and regulation have the role of responding to innovation and creating space for technological advances to procure the changes in the industry without delay. This book examines some of the legal barriers for the raise of energy prosumers. The traditional role of the distributor when responding to increasing distributed generation in the network; prosumers unable to decide to whom they can sell their electricity to; the price of the energy or even whether to participate more actively in demand response programs. A further issue is the lack of clarity about whether small prosumers are entitled to consumer protection rights and legal challenges regarding configuration, access to the network, access to markets and strict unbundling rules for community energy projects. This book provides a clear, analytical, and informed approach to understanding the regulatory framework around energy prosumers. It will appeal to policy makers, lawyers, individuals, business entrepreneurs or communities wanting to engage in energy projects, as well as academics, researchers and students

Energy Justice and Energy Law

Energy Justice and Energy Law
Author: Iñigo del Guayo
Publisher: Oxford University Press
Total Pages: 401
Release: 2020-05-21
Genre: Law
ISBN: 019260483X

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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.

The Impact of Climate Change Mitigation on Indigenous and Forest Communities

The Impact of Climate Change Mitigation on Indigenous and Forest Communities
Author: Maureen F. Tehan
Publisher: Cambridge University Press
Total Pages: 443
Release: 2017-10-26
Genre: Law
ISBN: 1108505880

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The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed contribution to contemporary understanding of this topic.

The Practice of Shared Responsibility in International Law

The Practice of Shared Responsibility in International Law
Author: André Nollkaemper
Publisher: Cambridge University Press
Total Pages: 1229
Release: 2017-02-02
Genre: Law
ISBN: 1316841863

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This is the third book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation. Recognising that the applicable rules and procedures for shared responsibility may differ between particular issue areas, this volume reviews the practice of states, international organisations, courts and other bodies that have dealt with the issue of international responsibility of multiple wrongdoing actors in a wide range of issue areas, including energy, extradition, investment law, NATO-led operations and fisheries. These analyses jointly assess the fit of the prevailing principles of international responsibility and provide a basis for reform and further development of international law.

Handbook of Energy Law in the Low-Carbon Transition

Handbook of Energy Law in the Low-Carbon Transition
Author: Giuseppe Bellantuono
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 618
Release: 2023-05-22
Genre: Law
ISBN: 3110752409

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The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.

Benefit Sharing in the Arctic

Benefit Sharing in the Arctic
Author: Maria Tysiachniouk
Publisher: MDPI
Total Pages: 214
Release: 2020-12-29
Genre: Science
ISBN: 3039361643

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This book provides a first-of-its-kind review and analysis of benefit sharing frameworks between extractive industries and Indigenous and local communities in different parts of the Arctic. The authors describe a wealth of case studies in order to examine predominant practices, policies, arrangements, mechanisms and impact assessment methodologies. They also discuss possible ways to improve and advance existing benefit sharing regimes, in order to attain fair and equitable benefit sharing and support sustainable development. Among the topics covered in the book are corporate social responsibility and social license to operate, principles and methodologies of determining compensation, legal and informal frameworks of benefit sharing, community response to extractive activities, and global-to-local linkages that shape benefit sharing processes. The book will be of interest to academics, industry experts, legal specialists, policymakers, community members concerned with industrial activities, and anyone interested in sustainable development in the Arctic.