International Law for Energy and the Environment




404 pages
21 FEB 2013


This completely revised edition of Energy Law and the Environment has greatly expanded its scope to explore how international law engages with multinational companies regarding energy sources, ownership of those resources, and state sovereignty. Written for all the players in the energy sector, lawyers and non-lawyers alike, this second edition has been aptly renamed International Law for Energy and the Environment. It considers issues of energy sector regulation related to economics and protection of intellectual property associated with development of technologies for mitigating environmentally damaging emissions. The book is divided into three sections that build upon each other. Section I addresses the interrelationship between international law, environmental law, and the energy sector. It covers regulatory theory within an economic context; the regulation of multinational companies with regard to international regulation and state rules; and trade, competition, and environmental law in the energy sector. Section II examines the regulation of the various energy sectors-oil, gas, and nuclear-and how international law affects them and their ownership, risk, and liability. Section III considers some of the main energy producer/user jurisdictions where energy companies operate, including more developed systems around the world, such as the United States, the European Union, the United Kingdom, Norway, and Australia as well as two major emerging economies, namely, India and China. The final chapter reviews the material presented in the book, drawing conclusions about the current state of environmental regulation in the energy sector and identifying potential future developments.


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