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Towards a European Energy Union
This book outlines the legal regime underpinning the European Energy Union, which provides secure, sustainable and affordable energy.
Theorising the Global Legal Order
This book aims to capture an exploratory approach to theorising the global legal order. Avoiding any brand loyalty to a particular academic perspective, it brings together scholars who contribute a variety of insights covering quite different topics and viewpoints. It sets itself the target of producing a distinctively legal theory of global phenomena, which is capable of illuminating the path of law as an academic discipline, as it confronts a bewildering array of novel situations and innovative ways of thinking about law. The broad base of perspectives found among the contributors, combined with a helpful commentary from the editors, makes the book an ideal Reader to introduce a subject that is becoming of increasing importance for academics, students and practitioners, in law and related fields.
The Global Energy Transition
Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, 'The prospects of energy transition', critically discusses the leading forecasts for energy a...
Legitimacy in International Law
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Stability and Legitimate Expectations in International Energy Investments
This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.
The Law and Governance of Mining and Minerals
This monograph lays out a disciplinary matrix from a global perspective for the law and governance applicable to mining and minerals, taking account of the key challenges of achieving the goals of Agenda 2030 and the transition to low-carbon economies. This perspective encompasses the international, transnational, national, sub-national and local levels of ordering of social relations applicable to mining and minerals. The book engages with current developments on strategic minerals for a carbon-constrained future and it identifies a research agenda for further studies in this fast-changing field.
National Climate Change Acts
Introduction / Thomas L Muinzer -- What do we mean when we talk about national 'climate change acts' and how important are they in the context of international climate law ? / Thomas L Muinzer -- 'Paris compatible' climate change acts? national framework legislation in an international world / Matthias Duwe and Ralph Bodle --The UK's Climate Change Act / Richard Macrory and Thomas L Muinzer -- Mexico's framework legislation on climate change : key features, achievements and challenges ahead / Alina Averchenkova -- Denmark's Climate Change Act(s) / Sarah Louise Nash -- Ireland's Climate Action and Low Carbon Development Act 2015 : symbolic legislation, trojan horse, stepping stone? / Andrew Jackson -- The Swedish climate policy framework including the climate act / Åsa Romson and Kristina Forsbacka -- The Dutch response to climate change : evaluating the Netherlands' Climate Act and associated issues of importance / Otto Spijkers and Sofie Oosterhuis -- The New Zealand legislation : pursuing the 1.5 °C target using a net zero approach / Prue Taylor -- Conceptualising and formulating national climate change acts / Thomas L Muinzer.
Decarbonisation and the Energy Industry
This timely collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised and major economies such as the US, EU, China and Australia; (ii) resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the tradeoffs and regulatory complexities of carbon-constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (ie...
Governing the Extractive Sector
Dark history -- The case for civil society and corporate actors -- Obstacles in holding corporations to account -- The United States -- Canada, the UK and Australia -- Utilising state-based and civil society sponsored mechanisms -- A new policy direction -- Accountability, effectiveness, and contrast.
Developments of International Law in Treaty Making
The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.
