The Development Of A Comprehensive Legal Framework For The Promotion Of Offshore Wind Power
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| Author | : Anton Ming-Zhi Gao |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 236 |
| Release | : 2016-04-24 |
| Genre | : Law |
| ISBN | : 9041183981 |
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.
| Author | : Dawoon Jung |
| Publisher | : BRILL |
| Total Pages | : 220 |
| Release | : 2023-09-20 |
| Genre | : Law |
| ISBN | : 9004508759 |
There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.
| Author | : Anton Ming-Zhi Gao |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 195 |
| Release | : 2021-05-20 |
| Genre | : Law |
| ISBN | : 9403533218 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in Taiwan. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting Taiwan. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
| Author | : Martha M. Roggenkamp |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 865 |
| Release | : 2021-05-21 |
| Genre | : Law |
| ISBN | : 1788119681 |
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 | : Donald Zillman |
| Publisher | : Oxford University Press |
| Total Pages | : 475 |
| Release | : 2018-03-16 |
| Genre | : Law |
| ISBN | : 0192555243 |
There are few existential challenges more serious in the twenty first century than energy transition. As current trends in energy production prove unsustainable for the environment, energy security, and economic development, innovation becomes imperative. Yet, with technological challenges, come legal challenges. Zillman, Godden, Paddock, and Roggenkamp assemble a team of experts in their field to debate how the law may have to adapt to changes in the area. What regulatory approach should be used? How do we deal with longer-term investment horizons and so called 'stranded assets' such as coal-fired power stations? And can a form of energy justice be achieved which encompasses human rights, sustainable development goals, and the eradication of energy poverty? With a concept as unwieldy as energy innovation, it is high time for a text tackling changes which are dynamic and diverse across different communities, and which provides a thorough examination of the legal ramifications of the most recent technological changes. This book which be of vital importance to lawyers, policy-makers, economists, and the general reader.
| Author | : Damilola S.Olawuyi |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 693 |
| Release | : 2019-12-18 |
| Genre | : Law |
| ISBN | : 9403506652 |
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.
| Author | : Maria João C. Pereira Rolim |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 491 |
| Release | : 2019-08-13 |
| Genre | : Law |
| ISBN | : 9403514655 |
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.
| Author | : Tade Oyewunmi |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 275 |
| Release | : 2018-05-08 |
| Genre | : Law |
| ISBN | : 9041199098 |
Natural gas, a vital primary source of energy for the twenty-first century economy, is poised to play a major role in the medium- to long-term outlook of energy systems worldwide. Its supply to power markets for electricity generation and other energy purposes through the stages of exploration, production, gathering, processing, transmission, and distribution have been a key driver in gas commercialisation over the past two to three decades. This book discusses insights from law and economics pertaining to gas and energy supply contracts, regulation, and institutions. It provides an in-depth ‘law-in-context’ analysis of the approaches to developing competitive and secure gas-to-power markets in an increasingly international, interrelated, and interconnected value chain. Recognising a general move towards structural reforms and economic regulation of gas and energy markets globally, the author incisively addresses the following questions: – Is there a single ‘ideal’ model or approach for ensuring effectiveness in the restructuring and regulation of gas supply to power markets? If not, then what constitutes the matrix of models and approaches? – What are the underlying principles, assumptions, and institutional structures that will enhance the modern approaches to developing competitive, secure, and sustainable gas supply to power markets? – What are the factors that determine or affect the effectiveness and efficiency of such approaches and regulatory frameworks? The book critically explores the instrumental role of regulation and organisational institutions in the restructuring and development of gas supply markets. It examines the evolution of economic approaches to regulation, competitiveness, and security of gas supply in the United States and the United Kingdom. It considers the EU as a supranational union of developed economies and Nigeria as a developing economy, in the process of applying these paradigms of economic regulation and restructuring of gas-to-power markets. In a law and policy environment where training and educational centres, lawyers, and public and corporate energy advisors are becoming more concerned about competitiveness and efficiency in gas resource allocation and pricing – and about high-quality governance frameworks for industries that depend on reliable gas supplies – this vital book will be warmly welcomed by lawyers, policymakers, energy consultants, analysts, regulators, corporate investors, academics, and institutions concerned with and engaged in the business of exploration, production, and supply of gas for energy purposes.
| Author | : Bernard Taverne |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 389 |
| Release | : 2022-05-13 |
| Genre | : Law |
| ISBN | : 9403532319 |
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.
| Author | : Kaisa Huhta |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 323 |
| Release | : 2019-07-17 |
| Genre | : Law |
| ISBN | : 9403514531 |
Many states – including European Union (EU) Member States – subsidise energy producers in order to guarantee the uninterrupted availability of affordable electricity. This book presents the first in-depth examination of how these so-called capacity mechanisms are addressed in EU law and how they affect the functioning of the EU energy markets. Focusing on the existing legal framework as well as the new provisions of the Clean Energy for All Europeans package for capacity mechanisms, the author addresses and analyses such aspects as the following: the structure and functioning of the EU electricity markets; EU’s competence to address security of supply and Member States’ margin of discretion; sector-specific rules for security of supply; legal conditions for subsidising generation adequacy; capacity remuneration under the EU State aid regime; free movement rules that address generation adequacy measures; balancing different interests of EU energy law in the context of generation adequacy; and the requirement of proportionality in State intervention to ensure generation adequacy. The analysis draws on relevant sources of EU law (treaties, regulations and directives) as well as the case law of the European Court of Justice and the General Court, together with soft law instruments such as Commission guidelines. Scholarly sources include not only legal literature but also work on energy policy, energy engineering and energy economics. As a detailed analysis of how capacity mechanisms address issues arising in the context of the enegy transition – and how the system of EU law applicable to capacity mechanisms should be interpreted to further the objectives of EU energy law – the book will help policymakers and legislators in Member States to understand the changing legal setting for capacity mechanisms. Lawyers, academics and other professionals who deal with EU electricity markets in the EU and beyond are sure to welcome its detailed description and analysis.
