International Law for Energy and the Environment, Second Edition

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