Author: André Pereira da Fonseca,
Publisher: Kluwer Law International B.V.
ISBN: 9403506857
Category : Law
Languages : en
Pages : 660
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Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author: Zhiguo Gao
Publisher: Kluwer Law International B.V.
ISBN: 9041107266
Category : Law
Languages : en
Pages : 652
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Book Description
This book contains in-depth articles written by scholars, international lawyers, and practitioners from around the world. It deals with the environmental aspect of the hydrocarbon cycle in general and oil and gas exploration and production in particular. Its main thrust is management of environmental legal risks and issues in upstream operations.
Author: Debra A Kaden
Publisher: Elsevier
ISBN: 0443315078
Category : Medical
Languages : en
Pages : 0
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Book Description
Environmental and Health Issues in Unconventional Oil and Gas Development offers a unique, non-partisan perspective relevant to the use of directional drilling and hydraulic fracturing, presenting clear and frank discussions on implications for a variety of stakeholders involved in unconventional oil and shale gas development. Much has changed since the first edition, including how UOGD is performed, changes in monitoring and control technologies, and new issues raised by both government and non-government stakeholders. The contributing authors address a wide range of relevant topics. The economics of hydraulic fracturing are discussed. Methane emissions, decarbonization, and responsibly sourced gas are explored in depth. The authors also look closely at climate risk and risk mitigation. Water issues are covered with a review of water quality impacts along with waste issues. This is followed by a detailed examination of health and safety in regard to occupational health, public health, risk perception, risk communication, and transportation. Finally, the editors wrap up with important discussions on environmental justice and environmental, social, and corporate governance. Readers will find much to consider and apply to their own work within this reference on the critical environmental issues facing the unconventional oil and gas industry.• Serves as a collective, up-to-date resource for academics and professionals in the oil and gas, environmental, health, and safety industries, as well as environmental scientists and policymakers• Features a multi-disciplinary and expert group of chapter authors from academia, non-governmental organizations, governmental agencies, and the oil and gas industry• Provides thoughtful discussion of the ongoing emissions intensity reduction in unconventional oil and gas from a combination of regulation, technology evolution, and voluntary efforts by operators
Author: Martha M. Roggenkamp
Publisher: Edward Elgar Publishing
ISBN: 1788119681
Category : Law
Languages : en
Pages : 865
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Book Description
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: B. Chaytor
Publisher: Springer Science & Business Media
ISBN: 9401701350
Category : Law
Languages : en
Pages : 365
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Book Description
C.O.OKIDl1 I welcome the opportunity to prepare a Foreword to the book on Environmental Policy and Law in Africa, edited by Kevin R. Gray and Beatrice Chaytor. It is a pleasure to do that because the book is a contribution to the cause of capacity building for development and implementation of environmental law in Africa, a goal towards which I have had an undivided focus over the last two decades. There is still some belief in and outside Africa that for developing countries in general, and Africa in particular, development and implementation of environmental law is not a priority. This belief prevails strongly in many quarters of the industrialised countries. In fact, the view is held either out of blatant ignorance or by some renegade industrialists who fail to appreciate Michael Royston's 1979 thesis that Pollution Prevention Pays.2 That group, for obvious reasons, must have their correspondent counterparts in Africa to provide hope that industries rejected as derelict in the West or inoperable due to rigorous environmental regulation, can find homes to which they can escape and dump their polluting industries.
Author: STANLEY D. BERGER
Publisher:
ISBN: 9780779885633
Category :
Languages : en
Pages :
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Book Description
Author: Tina Soliman Hunter
Publisher: Edward Elgar Publishing
ISBN: 9781788976190
Category :
Languages : en
Pages : 272
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Book Description
This innovative book explores the legal character of petroleum licences, a key vehicle governing the relationship between oil companies and their host states. Examining the issue through the lens of legal culture, it illustrates why some jurisdictions exert strong state control and others only minimal. Critically investigating the nature of a petroleum licence, the book analyses whether it is a mere administrative right, a contract or something more akin to property rights. Chapters examine recent developments, such as the UK's strategy of maximizing economic recovery and the opposition to drilling for oil in Norway and Australia. Outside of Western petroleum jurisdictions, the book also explores several long-established jurisdictions including Russia and Mexico, as well as emerging jurisdictions, such as China and Uganda. Taking a contextual and system-oriented approach, it reveals the preconditions of the petroleum licence regime and offers a critical insight into the reasons behind alterations to the terms of the licences. Encompassing a wide variety of legal cultures and experiences, this thought-provoking book will prove to be a valuable resource for academics and students of energy law, particularly those with an interest in state regulation. It will also provide useful insights for industry-based practitioners.
Author: Pereira, Eduardo G.
Publisher: Edward Elgar Publishing
ISBN: 1786434652
Category : Law
Languages : en
Pages : 567
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Book Description
The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.
Author: Yinka Omorogbe
Publisher: Malthouse Press
ISBN:
Category : History
Languages : en
Pages : 232
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Book Description
A new empirical study on oil and gas in Nigeria, which serves as a useful general introduction to many aspects of the country's oil and gas industries and related laws. Contents: introductions - definitions, importance, the international oil industry, how oil was found; the Nigerian oil industry: historical perspectives and acts of law; legislation governing the industry; ownership of oil and gas - ownership theories in the oil and gas industries, sovereignty over natural resources and international law; contracts for exploration and production; the natural gas industry; fiscal matters pertaining to the petroleum industry; OPEC; national oil corporations and the Nigerian Petroleum Corporation; downstream oil and gas law and policy; trade in crude oil and products; environmental issues; oil community issues; topical issues in the petroleum industry - e.g. acquisitions of technology, indigenous oil companies; nationalisation and privatisation; and dispute settlements. Yinka Omorogbe is a lecturer in law at the Universities of Benin and Lagos, Nigeria.
Author: Patricia Park
Publisher: CRC Press
ISBN: 9780415271899
Category : Science
Languages : en
Pages : 296
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Book Description
The area of law concerning energy and the environment is a dynamic one. Decisions are constantly being made at all levels, from international summits to local courts of law, which then filter down and affect law-makers, law students and ultimately members of the public. Energy Law and the Environment is the first book to consider the interrelationship between energy law and the legal environmental imperatives for the industrial sector including current issues and future developments. This is not a book solely for academics - it has been written to be accessible to both lawyers and non-lawyers alike. The importance of the subject matter and its place in the context of the sustainable development of the energy sector, which underpins all economic development, should make it essential reading for both those working in the energy sectors and those concerned with the effects that the sector has on the global environment. It can also be used as a text for courses at undergraduate and graduate level on both energy law and environmental law.
