Author: Rozeta Karova
Publisher: Kluwer Law International B.V.
ISBN: 904114191X
Category : Law
Languages : en
Pages : 432
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Book Description
This book presents the first in-depth analysis of the export of the EU electricity acquis, through the imposition of an EU-type regional electricity market (REM) in SEE within the enlargement process. Among other germane issues, the author discusses the following: the suitability of the European model of electricity markets’ liberalization for economies in transition; the use of the Public Services Obligations (PSO) to address the impact of electricity markets liberalization; the use of regulated prices and measures for granting priority rights for cross-border capacity allocation as PSOs; the Court of Justice judgement in Federutility on the sustainability of states’ protection of their different types of customers, including the large businesses; the Energy Community as a step towards a Pan-European Energy Community; the effect of simultaneous national electricity markets liberalization and cross-border regional integration of national electricity markets; and, the interplay between liberalization policy and reforms and the regulatory tools available to address their impact on provision of public services. The author’s proposed rethinking of the public services obligation offers new views on using this tool more effectively and proposes possibilities for its practical implementation through measures such as energy efficiency, allocation of interconnectors’ capacity, transparency, addressing the affordability issue and the protection of vulnerable customers. The book is remarkable for its clear analysis of the policy lessons arising from the export of the idea of liberalized energy markets, and will be welcomed by practitioners, officials, academics and others in energy law and policy for its informative and forward-looking overview of the national and cross-border reforms in the Energy Community framework.
Author: Lucila de Almeida
Publisher: Bloomsbury Publishing
ISBN: 1509932607
Category : Law
Languages : en
Pages : 431
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Book Description
This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).
Author: Sieglinde Gstöhl
Publisher: Routledge
ISBN: 0429788908
Category : Political Science
Languages : en
Pages : 327
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Book Description
This edited volume provides a timely analysis of the European Union’s ‘privileged’ partnerships with neighbouring countries, identifying key points of comparison. It analyses which policy areas are covered and why, the reasons why a specific institutional arrangement has been chosen, the major advantages and shortcomings for both sides and how effectively the privileged partnerships have worked in practice. Drawing on a number of case studies, the book highlights critical junctures and path dependence in the EU’s external relations and examines what general lessons can be drawn regarding privileged partnerships, in particular with a view to the UK’s post-Brexit relationship with the EU. This book will be of key interest to scholars, students and practitioners in EU affairs, European politics, diplomacy studies, and more broadly to international relations and law.
Author: Huseyin Cagri Corlu
Publisher: Kluwer Law International B.V.
ISBN: 9041196048
Category : Law
Languages : en
Pages : 280
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Book Description
In the course of energy liberalisation, electricity and natural gas contracts have been separated from physical delivery, and these contracts are now traded as commodities in multilateral trading facilities. Although designed to render energy trading standardised and efficient, this system raises serious questions as to whether existing regulatory and antitrust provisions are sufficient to address market abuses that cause imbalances in demand and supply. The European Union’s (EU’s) Regulation on Wholesale Energy Market Integrity and Transparency (REMIT), adopted to combat such market manipulation, is still lacking in significant case law to bolster its effectiveness. Addressing this gap, this invaluable book provides the first in-depth analysis of market manipulation in the energy sector, offering a deeply informed understanding of the new anti-manipulation rules and their implementation and enforcement. Focusing on practices that perpetrators employ to manipulate electricity and natural gas markets and the applicability of anti-manipulation rules to combat such practices, the analysis examines such issues and topics as the following: – factors and circumstances that determine when and what market misconduct can be subject to enforcement; – the European Commission’s criteria to determine whether a particular market is susceptible to regulation; – jurisdiction of REMIT and the Market Abuse Regulation (MAR) with respect to the prohibitions of insider trading in financial wholesale energy markets; – to what extent anti-manipulation rules and EU competition law may be applied concurrently; and – types of physical and financial instruments that market participants have employed in devising their manipulative schemes. Because market manipulation is rather new in the EU context but has been prohibited and prosecuted under US law for over a century, much of the case law analysis is from the United States and greatly clarifies how anti-manipulation rules may be enforced. A concluding chapter offers policy recommendations to mitigate legal uncertainties arising from REMIT. Energy market participants, such as energy producers, wholesale suppliers, traders, transmission system operators and their counsel, and legal practitioners in the field will welcome this book’s extensive legal analysis and its clear demarcation of the objectives that REMIT seeks to accomplish with respect to energy market liberalisation.
Author: Tim Maxian Rusche
Publisher: Cambridge University Press
ISBN: 1316412172
Category : Law
Languages : en
Pages : 291
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Book Description
There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.
Author: Cinzia Caporale
Publisher: Kluwer Law International B.V.
ISBN: 940351812X
Category : Law
Languages : en
Pages : 511
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Book Description
estation, habitat destruction and zoonoses; food naming and labelling; and food risk management. Throughout there is reference to an abundance of legislation, treaties, conventions, and case law at domestic, regional, and international levels, with particular attention to European, US, and World Trade Organization law and the work of the FAO. The book clearly demonstrates the necessity for reform of the global system of food production in the direction of a more sustainable and environment-friendly model. In its authoritative discussion of the relations among fields of law that are rarely discussed together – food law and the environment, food law and human rights, food law and animal welfare – this collection of chapters will prove a valuable resource both for officials working in food governance and security and for lawyers and scholars concerned with environmental management, sustainable development, and human rights around the world.
Author: André Pereira da Fonseca,
Publisher: Kluwer Law International B.V.
ISBN: 9403506857
Category : Law
Languages : en
Pages : 681
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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: Tade Oyewunmi
Publisher: Kluwer Law International B.V.
ISBN: 9041199098
Category : Law
Languages : en
Pages : 275
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Book Description
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: Ying Shen
Publisher: Kluwer Law International B.V.
ISBN: 9041160523
Category : Law
Languages : en
Pages : 338
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Book Description
Now that the most recent scientific estimates have shown that China has become the world's largest source of greenhouse gas emissions, China's influence on the world's environment and sustainable development highlights the importance of tailoring Chinese climate change law to conform with the requirements of international conventions and agreements on climate change. This thorough analysis, based on an examination of climate status, legal background, and current regulatory systems in China, examines the potential role of different policy instruments in reducing carbon emissions in order to find an appropriate choice for China, and recommends approaches to key issues for relevant authorities. The author conducts a comprehensive and in-depth study on the three mainstream environmental policy instruments used to control carbon emissions – the cap-and-trade system, the carbon tax, and command-and- control regulations – in a Chinese context. She reviews China's current policies, and elucidates how the issues of climate change and global warming call for social, environmental, economic, and legal reforms in China, especially in the areas of administrative law and property rights law. Among the issues and topics covered are the following: - key issues on designing and implementing each of the three policy instruments; - the choice of regulatory instruments for carbon emissions reduction in a socialist market economy based on the discussion of market failure and government failure theories; - legal challenges from China's current administrative legislation and the definition of carbon emissions entitlements; - practical effect of China's climate change policy at the national, provincial, and local levels; - effectiveness of China's implementation of its international obligations; - lessons learned from schemes implemented in the United States and Australia; - comparison of China's seven regional pilot emissions trading scheme (ETS) programmes with the well-established EU ETS; - linkage between China's ETS and other ETSs from a global perspective; and - future direction of an emerging carbon market in China. The analysis assesses the critical costs and benefits of each approach in the context of selected case studies, taking legal literature in the field fully into account. Given that the Chinese government is taking steps to reduce emissions by altering energy production and usage and is signalling a willingness to make similar commitments in a multilateral treaty, it is very timely and important for lawmakers and scholars, within and outside China, to think about new and appropriate regulatory measures to respond to the crisis and plan for a sustainable future. This study provides not only a useful benchmark for both China and other countries in formulating initiatives on enhancing climate protection, but also details the global implications for governments and for international organizations concerned with the understanding between China and the rest of the world in the context of climate change mitigation.
Author: Damilola S.Olawuyi
Publisher: Kluwer Law International B.V.
ISBN: 9403506652
Category : Law
Languages : en
Pages : 693
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Book Description
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.
