Energy and Natural Resources Law

Mineral Land Rights: What You Need To Know is a 127-page book broken into 10 short chapters; it can be read, with ease, in a couple of hours. The genius of this work is that anyone who has even basic reading skills can understand the content of her text … with the exception of possibly Chapter 3, entitled Mineral Land Ownership. It would be a stretch to compare Ms. Louie’s prose to that of Alistair MacLeod’s, but both share the capacity to decode complex ideas into simple, direct language. In fact, the book reads as though she was explaining the nuances of the oil and gas industry to you over a cup of coffee at the local Tim Hortons.

Resumo
A implantação e operação de usinas eólicas offshore no Brasil ainda não são regulamentadas, muito embora o potencial eólico brasileiro no Mar já tenha sido mapeado e a tecnologia já se encontre razoavelmente desenvolvida. Experiências internacionais comprovam o ganho em segurança jurídica, traduzida numa diminuição dos riscos atrelados aos investimentos, obtido em função de regramento específico para aerogeradores offshore. Na vindoura regulamentação brasileira devem ser observadas premissas, trazidas neste artigo, relacionadas à técnica legislativa – quando e como regulamentar –, aos aspectos socioambientais, à observância e compatibilização com regras de Direito Internacional e do Direito brasileiro já existentes, e à viabilização econômico-financeira.
Palavras-chave: regulação; usinas eólicas offshore; geração de eletricidade.

Abstract
The implementation and operation of offshore wind farms in Brazil are still not regulated, although the Brazilian offshore wind potential has already been measured and the technology is reasonably well developed. International experiences demonstrate a gain in legal certainty, reducing the investment risks, due to a specific legislation for offshore windmills. The forthcoming Brazilian legislation should address the premises, brought in this paper, related to legislative technique – when and how to regulate –, social and environmental aspects, compliance and compatibility with existent International and Brazilian Law and economic-financial viability.

It is a challenging task for Bangladesh to meet its increasing demand of energy while its economy is rapidly growing. Though prices of oil, coal, and fossil fuels around the world have been volatile, the price trend in Bangladesh demonstrates a persistent rise in the immediate past. This is further exacerbated by depleting reserves of natural gas. Cumulatively, these two effects heighten Bangladesh's energy needs. Bangladesh presently mitigates her energy requirements predominantly through natural gas, supplemented by a handful of coal and furnace oil plants. Consequently, due to scarcity of natural gas, oil and coal resources, nuclear power surfaces as a palatable strategic option for Bangladesh's future development agenda. However, a successful nuclear power program entails an extensive infrastructure. Just like the other nuclear energy-producing countries, Bangladesh also face challenges to safeguard the health and security of nuclear reactors, the proper management for nuclear waste treatment and the security concerns over the safe usage of nuclear materials. Additionally, the development of nuclear energy is also bewildered because of the complex nature of fission technology, lack of efficient human resources, and non-existence of proper legal instruments to guide safe nuclear power production. Moreover, the further challenges include the questions, for example: whether the nuclear power plant project is supported by the mass people or not? What are the strategies for nuclear waste disposal? Whether the recent initiatives for nuclear energy production is necessary or the country should more concern with renewable sources? This paper evaluates the nuclear energy development in Bangladesh. It operates under qualitative methodological framework and utilises secondary sources for analysis. We advance several recommendations in this paper to remedy the highlighted issues: (1) creating a comprehensive legal and regulatory system; (2) fortifying home-based technology of nuclear development and simultaneously localising of foreign-based technology; (3) reducing the cost of nuclear energy production; (4) fast-tracking the procedure of efficient development of nuclear technology; (5) accelerating the procedure of switching to more efficient reactor and nuclear fuel cycle, and (6) conducting effective profile-raising activities to generate greater awareness and spur common acceptance.

The energy sector in Kenya is one of the foundations on which the economic pillar of vision 2030 is based.  Sustainability of the vision’s pillar is based on the idea that development projects proposed under it will increase the demand of energy supply in Kenya. The goal of the vision is that Kenya will by that time have put in place mechanisms and facilities in a bid to generate more energy at a lower cost given that at the moment the cost of energy production in Kenya is significantly higher as compared to neighbouring nations.  Similarly, Kenyans are expected to be connected with affordable electricity by turn of the year 2030.
The vision 2030 blueprint requires that government put in place a more robust legal, institutional and policy framework aimed at not only encouraging more private involvement in power generation and reduction on overreliance on Kenya Generating Company Ltd (KenGen) and Kenya Power and Lightening Company (KPLC) but also exploitation of renewable energy sources particularly solar and wind for purposes of enabling energy-surplus.

The author aims to present the broadest possible context of the Baltic Pipe project, including legal, and to some extent, economic considerations, which ought to be scrutinized along with the broader geopolitical considerations surrounding present energy-related race in Baltic Sea. The aim is to juxtapose the long-lasting Russo-German strategic partnership resting on the development of Nord Stream(s) pipeline surpassing Poland on the one side, with a collection of pipe-dream moves ushered by Washington and aimed at upending this partnership, the Baltic Pipe project included, on the other side. Sec 2 looks at the Nord Stream(s) project as the direct competitor of the Baltic Pipe, and at the efforts by both the US government and the EU institutions to undermine Russo-German co-operation, thereby helping the viability of the Baltic Pipe. The discussion of the Nord Stream(s) covers US’ attempts to torpedo the Nord Stream 2 with sanctions imposed in December 2019 (sec 2.1) and the EU’s crusade against the Nord Stream via blocking the full capacity use of the OPAL pipeline since 2009 (sec 2.2). Sec 3 looks at the US’s and Germany’s energy strategies toward the CEE, including the energy dimension of the US-led Three Seas Initiative (sec 3.1), which favour the Baltic Pipe project, and Germany’s Energiewende which is at odds with this project (sec 3.2). Secs 4 and 5 look at drivers for advancing the Baltic Pipe, which stem from the structure Poland’s electricity-generation market (sec 4) combined with Poland’s EU and international climate and emissions-related commitments (sec 5), which all force a country-wide shift to electricity-generation from natural gas. Section 6 looks at the Yamal Contract, which will secure gas supplies to Poland until it tentatively expires in 2022, and those supplies are entirely replaced with gas supplied via the Baltic Pipe. Finally, sec 7 looks at the regulatory issues, including the intergovernmental agreement on the Baltic Pipe (sec 7.1), funding of the project along with granted state aid (sec 7.2), and the permitting process (sec 7.3).

In February 2019, the Supreme Court of Norway gave a verdict (the “2019 Decision”) which upheld the punishment imposed by a Norwegian trial court for catching snow crab on the Norwegian Continental Shelf in the Svalbard Fisheries Protection Zone without obtaining a permit from Norwegian authorities. The Norwegian Supreme Court decided that snow crab falls within the purview of sedentary species as stipulated under Article 77(4) of the United Nations Convention on the Law of the Sea. Consequently, the Supreme Court held that Norway, as a coastal state, has the exclusive right to exploit the natural resources (snow crab inclusive) on the continental shelf. In affirming that Oslo’s obligations under international law did not exempt the defendants from punishment, the Supreme Court decided that no provision of the Svalbard Treaty preclude Norway from punishing foreign nationals who engage in certain
activities for commercial purposes, having failed to obtain the Norwegian fishing permit. Notably, the 2019 Decision has generated mixed reactions from different quarters. The postulation has been put forward that the conflict over the snow crab is a ‘disguise’ for the
bigger issue as to whether Norway is amenable to a ‘peaceful co exploration’ of the resources with its neighbours with respect to the shelf around Svalbard or only committed strictly protecting only her rights as a coastal state. Drawing inspiration from positive international law, this article seeks to test the veracity of the assertion that the 2019 Decision has great implication for the natural resources in the Svalbard waters, beyond the immediate effects on fishermen from the European Union.

Indonesia is blessed with numerous variants of energy resources; both renewable and nonrenewable sources. From the plethora of alternatives, natural gas is among those energy resources which are gaining popularity, as evidenced by the significant increase in demand in recent years. Unfortunately, however, this positive increase in demand is not equally followed with the sufficient supply of natural gas. This consequently leads to a gap between the supply of natural gas and the increasing demand from the market. In order to equalize this disparity between supply and demand, numerous experts have raised the idea of further regulating the natural gas aggregator to resolve this issue. This article will provide a general overview of the definition of natural gas aggregators contained under the draft presidential regulation regarding downstream gas management and to compare it with the existing definitions of natural gas aggregators.

Exploration and production companies frequently partner with host countries that struggle to maintain political stability and eliminate security threats, making it difficult to develop security strategies to protect company employees and assets in country. Exploring this problem, we interview elite actors who populate germane risk management networks, providing a cross-section of perspectives as to how well upstream producers are crafting and implementing security risk management strategies. We construct a model of holistic security risk governance, and apply it to what our dataset reveals about firm performance in this area. Finally, we recommend ways in which industry-level responses can support exploration and production companies to reduce their risk and enhance their performance.

The mining and energy sector in Tanzania is dramatically changing for the better and worse. Changes occur as days go by with the intention of improving and ensuring profits obtained from the natural resources are equally distributed between the government and investors. The changes also aim to eliminate corruption within the sector that has been a long problem within the sector. One of the substantial changes that occurred was made on 03rd July of 2017 through the enactment of The Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Act which was passed by the parliament. A scary but effective law that has bared flouts in its early days. This research is going to look at the legal challenges that can be brought by this law and its general effect on the natural resource sector. 
The methods used to collect data where field research. This included interviews which were less fruitful. The documentary research was a large part of the data collected in this research due to several obstacles. The main hypothesis of this research is, after the enactment of the 2017 natural resource laws, these laws have led to significant legal challenges in the natural resources. The finding uncovered interpretation issues of the law, cumbersome procedures for review and renegotiation of the contracts, legal disputes arising from the contracts and unstable environment for investment in the natural resource sector.
This research will benefit the nation in general and other institutions that are tasked with renegotiating and reviewing the contracts and those dealing in the sector, the research has also shown how to navigate the complexity of the matter and challenges that are likely to raise when renegotiating the contracts and avoid or overcome them completely. The study recommends, that the law should be re-tabled and thus allow to the making of several amendments within the law that will cure those defects.

This work is prepared as the Final Paper of the course "HIST 577-Seminar in U.S. Diplomatic and Military History". It analyses the reasons that caused the Oil Crisis of 1973 (or as it is called by some writers, the Oil Price Revolution) and how the United States responded to the crisis by pushing for cooperation among the oil consuming industrialized countries. In addition to a brief summary of the Yom Kippur War, during which the Oil Crisis occurred, the diplomacy that followed the war and the establishment of the International Energy Agency are included in this work. Mostly secondary sources are used but a few primary sources such as newspapers and magazines from the times when these events happened are also taken into account in the preparation of this work.

Keywords: International Energy Agency, Yom Kippur War, Oil Crisis of 1973, Oil Price Revolution, OPEC, OAPEC

Transboundary environmental impact assessment (EIA) is a rather new regulatory tool under international law. While there is consensus that customary international law obliges States to require transboundary EIA to be conducted for particularly invasive measures, the specific procedure and content of these assessment procedures is not stipulated by customary international law. It rather provides general principles that leave considerable room for interpretation by States when implementing transboundary EIA requirements and procedures. A procedural measure so far little discussed is post-EIA monitoring of particularly invasive measures. Post-assessment monitoring is, however, considered to be a necessary tool to enable stakeholders to manage environmental impacts effectively. Still, due to a lack of specific State practice and opinio iuris, an obligation to conduct or require post-EIA monitoring does not exist as a separate provision of customary international law. Nonetheless, it may follow indirectly from the obligation to exchange information and the no-harm rule.

Үндсэн хуулийн эсхүл түүнд оруулсан нэмэлт, өөрчлөлтийн заалтыг хамгийн сайн үндэслэл бүхий үзэл баримтлалаар тодорхойлох хэрэгтэй бөгөөд үүнд тэдгээрийг баталсан бүрэлдэхүүний хуралдааны тэмдэглэл болон бусад холбогдох эх сурвалж чухал үүрэгтэй. Тиймээс, 2019.11.14-ны нэмэлт, өөрчлөлтөөр Үндсэн хуулийн 6.2-д газрын хэвлийн баялгийг ашиглахтай холбоотой оруулсан шинэ заалтуудын үзэл баримтлалыг эдгээр эх сурвалжид тулгуурлан энэ өгүүлэл тодорхойлсон. Байгалийн баялаг ашиглах бодлогыг тодорхойлоход Үндсэн хуулийн 6.2-т шинээр орсон заалтууд төдийгүй Үндсэн хуулийн бусад суурь зарчмыг цогцоор нь хамгийн сайнаар утгажуулан хэрэглэнэ гэсэн байр суурийг энэ өгүүллээр хамгаалсан. Өгүүлэл нь байгалийн баялаг – төрийн нийтийн өмч, байгалийн баялаг ашиглахад баримтлах тусгай зарчмууд, стратегийн ач холбогдол бүхий ашиг малтмалын орд ашигласны үр өгөөж, Үндсэн хуулийн бусад зарчмууд гэсэн дөрвөн бүлгээс бүрдсэн.

There is no question that Africa is endowed with abundant natural resources of different magnitudes. However, more than a decade of high commodity prices and new hydrocarbon discoveries across the continent has led countless international organizations, donor agencies, and non-governmental organizations to devote considerable attention to the potential of natural resource–based development. The book places a particular emphasis on the actors that help us understand the extent to which resources could be transformed into broader developmental outcomes. Based on a wide variety of primary sources and fieldwork, including in-person interviews and participant observations, this collection contributes to both scholarly and policy discussions around the governance and economic development roles of local entrepreneurs, transnational firms, civil society groups, local communities, and government agencies in Africa’s natural resource sectors. This book explores the impact that these actors have on regional trends such as resource nationalism and local procurement policies as well as grassroots-related issues such as poverty, livelihoods, gender equity, development, and human security.

This set of teaching materials in draft form was developed for a distance education course in regulatory aspects of offshore oil and gas production.  The materials cover the following themes

Theories of the Origins of Oil and Gas
OOGP in Global Context
Producing Oil and Gas—Technical and Regulatory Aspects
Elements of the Regulatory Regime
Contractual and Fiscal Arrangements for O&G
Regulating Environmental Matters
Regulating Safety Matters
Protecting OOGP Facilities
Glossary of Terms and Concepts

Material may be used but should be attributed

A través de diversos enfoques sectoriales, vincula conceptos sobre agua, ambiente y energía, con énfasis en contenidos jurídicos y económicos. Analiza con un enfoque de nexo la relación agua, energía y alimentos, el estado actual del derecho internacional de aguas en latino américa,  la regulación de las energías renovables y la transición hacia la mismas, el costo y valor del agua, el derecho al ambiente y los caudales ecológicos

Alberta energy law and policy rarely generates consensus between the Canadian Association of Petroleum Producers, the United Farmers of Alberta, other landowners, Indigenous peoples, environmental groups, the Alberta Energy Regulator ("AER"), Alberta Energy, and Alberta's Freehold Owners Association. However, none of these groups are happy with the fallout from the Alberta Court of Appeal's ("ABCA") decision in Orphan Well Association v Grant Thornton Limited ("Redwater"). The reason for concern is that Redwater has punched a hole in the AER's strategy to help ensure upstream operators provide for proper abandonment of old oil and gas wells.

The Supreme Court of Canada ("SCC") heard the AER's appeal in February 2018. Some believe that Justice Martin's dissenting opinion in the ABCA judgment in Redwater may provide a better path, but even those individuals who sympathize with its conclusion believe her reasoning "may be reaching too far". This detailed article offers an alternative path, which is based on the proper application of the doctrine of federal paramountcy in this context.

The doctrine of federal paramountcy states that if there is a conflict between two pieces of legitimately legislated law, and if one is provincial and the other is federal, the provincial law is inoperative to the extent that the two laws are incompatible. A classic example of such incompatibility is when a citizen must violate one of the two laws to comply with the other. "Co- operative federalism" guides the courts' application of this doctrine. This constitutional principle asks courts to adopt a "strict definition" of "conflict", allowing each level of government the flexibility to engage in pragmatic alignments. Courts are supposed to allow room for modern governance, which often requires multilevel governmental function. In other words, co-operative federalism is a constitutional principle that adds flexibility to the "watertight compartments" view of federal and provincial powers, which has been an essential part of Canada's constitutional structure since its inception.

Part II will explain the federal paramountcy test and the key precedents for its application to Redwater. Part III will apply the federal paramountcy test to Redwater. Part IV will conclude, offering some final reflections on the doctrine of federal paramountcy.

A rapid scale-up and deployment of sustainable energy sources is a critical for climate change mitigation. Expanding sustainable energy, however, requires a holistic approach to global energy governance. The Energy Charter Treaty and the World Trade Organization are two important regimes that affect trade and investment activity in the energy sector, with consequent implications for climate change mitigation efforts. This paper examines the evolution of the relationship between both institutions, aims to identify the nature of the ever-changing nexus between the two treaties and discusses three possible scenarios for their interaction with an eye to strengthening future energy governance.

On February 15, 2018, the Supreme Court of Canada (SCC) considered oral arguments in Orphan Well Association v. Grant Thornton Limited (Grant Thornton). Initially, the Court of Queen's Bench of Alberta determined that the Alberta Energy Regulator's (AER) regulatory framework for reclamation and abandonment of oil and gas wells was ultra vires to the extent that it conflicted with the Bankruptcy and Insolvency Act, a decision affirmed by the Alberta Court of Appeal in 2017. The effect of Grant Thornton is to allow trustees in bankruptcy, who are administering the estate of insolvent oil and gas companies, to disclaim an insolvent's worthless well assets (e.g., non-producing wells where the abandonment and reclamation process is not yet complete), while selling its valuable well assets (e.g., producing wells). The judgment allows secured creditors the best chance possible to be compensated from the bankrupt's assets, while leaving Alberta's oil and gas industry (and potentially the Albertan taxpayer) to pay the cost for the bankrupt's reclamation and abandonment obligations. It has opened the floodgates for bankruptcies, as creditors push financially distressed companies through the bankruptcy process before the SCC issues its judgment, and potentially changes the law This article provides an analysis of the case to date, but does not hazard a guess as to the ultimate holding. Rather, it will focus upon four of the case's key constitutional issues: the doctrine of interjurisdictional immunity (IJI); the doctrine of federal paramountcy (federal paramountcy); the principle of cooperative federalism (cooperative federalism); and, the ''disinterested regulator " defence. Each of these issues impact Canadian energy federalism. Canadian energy federalism is the compact between provinces and the federal government, which designates the rights and responsibilities associated with Canadian energy resource production, management, and transport. Part 2 provides some background for understanding the case. Part 3 sketches the AER's current regulatory framework for abandoning, remediating, and reclaiming wells (regulatory framework). Part 4 analyzes the constitutional issues outlined above. Finally, Part 5 offers some concluding thoughts about outstanding issues in Grant Thornton not addressed in this article, and then reflects upon the impacts that this pending judgment will have upon Alberta's efforts to reform its current regulatory framework.

The concept of social licence to operate (SLO, simply ‘social license’ or ‘social licensing’) originated in the mining industry and its use has also been extended over large infrastructure, energy, and industrial projects. In simple terms, the SLO refers to: 1) “the ongoing acceptance of a company or industry's standard business practices and operating procedures by its employees, stakeholders and the general public” (Investopedia 2018), and 2) “the level of acceptance or approval by local communities and stakeholders of mining companies and their operations.” (Fraser Institute 2012). Specifically in the mining sector, the SLO can be summarised as attempts to “to secure the acceptance of mining activities by local communities and stakeholders, in order to build public trust in their activities and prevent social conflict” (IRP UNEP 2017) whereas such attempts “are premised on engagement between mining companies, governments and civil society to ensure that mineral resource extraction contributes to nation¬al and local development, and that damaging impacts on host communities and the environment are mitigated or otherwise managed” (ibid.).
The need of the developers/investors to obtain the SLO stems from the “the demands on and expectations for a business enterprise that emerge from neighbourhoods, environmental groups, community members, and other elements of the surrounding civil society” (Gunningham, Kagan, Thornton 2014). In turn, from the perspective of developers/investors, the SLO is “a pragmatic calculation of what is required to minimise business risk and win the degree of community support required to avoid delay or disruption to company operations” (Owen, Kemp 2013). The SLO is based on some agreement between developers/investors and stakeholders/the community and can take a form of 1) “an informal agreement that infers ongoing acceptance of an industrial or energy project by a local community and the stakeholders affected by it” (Gallois, Ashworth, Leach, Moffat 2017) or 2) “a form of unwritten social contract that exists between companies and communities” (Lacey, Lamont 2014)
The lawmakers can assist with the development of agreements for SLO through procedural empowerment of various stakeholders such as by securing 1) access to environmental information, 2) public participation in environmental law making, strategic impact assessment (SEA) or project-specific environmental impact assessment (EIA), and 3) related administrative and judicial review procedures. Moreover, within the framework of sector-specific corporate-social-responsibility (CSR) / Triple Bottom Line (TBL) activities, developers/investors also seek to secure wider SLO going beyond pure compliance for a number of reasons such as a desire to avoid boycott, or a belief that downplaying such expectations would eventually lead to the adoption of stricter regulation (Gunningham, Kagan, Thornton 2014). Indeed, to quote Curran, “[i]n an age of CSR, social licence thus acts as a form of strategic risk management for most major companies. Its objective is to protect companies’ financial and reputational assets by proactively anticipating and managing contestation rather than simply reacting to it.” (2017).
Obtaining SLO in relation to the extraction of hydrocarbons and electricity generation is more relevant than ever. On a global scale, the public awareness concerning the impact of new investments and ongoing operations in those sectors on the environment, climate and quality of life of affected communities is constantly increasing, whereas we remain as far as ever from phasing out conventional fuels: about 1160 new coal power plants (CPP) and about 50 nuclear power (NPP) are currently planned or being constructed (Global Coal Plant Tracker 2020; World Nuclear Association 2020). At the same time, the push towards the electrification of the automotive industry predicts massive expansion of mining projects in response to a growing demand for elements used in the production of batteries.
The angles, from which the controversies surrounding the SLO can be looked at, are numerous. Foremost, specific sectors can be analyzed in terms of SLO, including 1) prospection, exploration and extraction (upstream) of hydrocarbons, 2) electricity and heat generation, 3) linear investment such as such oil and gas pipelines (midstream) or high voltage electricity transmission grid with emphasis on cross-border interconnectors, and 4) underground storage of gas, oil and CO2. Secondly, SLO can be looked at in terms of the involvement of public authorities in the social licensing process, including 1) the legislative works with regard to laws affecting above-listed sectors, 2) the preparation of various plans, programs and/or strategic environmental assessment (SEA) which cover the above-listed sectors, and 3) Environment Impact Assessment (EIA) of specific projects in the above-listed sectors.
Thirdly, SLO can be examined through the prism of procedural empowerment of stakeholders, including 1) access to information such as on the progress of the SLO-related legislative process and/or project-specific environment-related information, 2) public participation in the legislative process, preparation of environment-related plans and programmes, the SEA, the EIA, 3) related administrative and judicial review procedures, 4) the duty to obtain free, prior and informed consent (FPIC) from indigenous communities, and 5) consultation with indigenous communities in relation to law and plan making. The procedural empowerment of stakeholders also ties to how property rights and taxation revenue are allocated among investors and affected stakeholders, including 1) separation of right to deposits between treasuries and land holders, 2) distribution of royalties between treasuries and landholders, 3) contractual arrangements between developers/investors and landholders, 4) expropriations and compensation, and 5) specific tort regimes in the mining and nuclear sectors. Finally, SLO can also be looked at from the perspective of who imposes SLO-related requirement, including 1) major multilateral developments banks (MDBs), 2) sub-regional MDBs, 3) national development banks/agencies of major donors, or 4) domestic laws in specific jurisdictions.
In the course of this project running throughout 2019, we have gathered the following contributions partially addressing the above-mentioned phenomena, and we have grouped these into sections of this special issue related to 1) conceptualization of the SLO, 2) intersections between SLO and protection of investment, 3) regional perspectives, 4) case and sector studies, 5) outer space, and 6) one book review.

Energy security is a transitional concept heralding from traditional principles focused on security of
supply. Onshore conventional and unconventional gas reserves have played an integral role in
Australia’s energy security since its commercial production commenced in the Cooper Basin Region
in 1969. However, since 2015, the staggering increase in liquefied natural gas (LNG) exports, earning
Australia its title as the second largest global LNG exporter, has heightened competition for gas
supply in the Australian East Coast Gas Market (ECGM). This article examines whether the recently
enacted Australian Domestic Gas Supply Mechanism (ADGSM), in imposing controls on LNG
exports, marks a shift in regulation and policy by fostering gas security for the ECGM. This article
advances the argument that the ADGSM is an initial temporary and short-term step in seeking to
avert a domestic gas shortfall. It is argued that a market-based approach to gas regulation will not
provide gas security for Australia without additional regulatory measures and infrastructure
investment.

There are two possible broad strategies to address the challenge of water scarcity – limit water demand through conservation, or augment water supply. With respect to increasing supply, there are several possible approaches, including traditional approaches such as drilling more wells, increasing reservoir capacity, rainwater harvesting, or seawater desalination. But these approaches may only ultimately exacerbate water scarcity or result in unacceptable environmental impacts. This essay focuses on three non-traditional approaches to water augmentation – bulk water imports, watershed management, and cloud seeding. This essay evaluates the viability of each of these approaches within the context of existing legal regimes and proposes three possible reforms that could facilitate responsible non-traditional water augmentation projects when appropriate.

This article commences by offering a summary of the EU’s works on the regulatory environment for the shale gas industry (s 1.1), and is divided into following parts (i) ‘Background’ (s 2), (ii), ‘Legislative Level’ (s 3), (iii) ‘Plans and Programmes: SEA’ (s 4), (iv) ‘Project Level: EIA’ (s 5), and (v) ‘Public Participation in other EU Legislation’ (s 6). Section 2 offers a necessary background of this article by discussing (i) the case for the shale gas in the EU (s 2.1), (ii) the spectrum of shale gas related problems (s 2.2), (iii) public views on fracking and the shale gas industry throughout the EU (s 2.3), and (iv) the concept of the SLO (s 2.4). Section 3 discusses problems of public participation, access to information and access to justice in shale gas related lawmaking at the EU-level (s 3.1) and Member States level (s 3.2). Section 4 discusses the same problems in developing environmental plans and programmes (strategic environmental impact assessment process) at the level of EU institutions (s 4.2) and at the level of national authorities responsible for the preparation of such plans and programmes (s 4.3 and s 4.4). Section 5 discusses the same problems in the realisation of specific shale gas related projects (in the course of the environmental impact assessment) including EU legislation (s 5.2) and its implementation in Member States (s 5.3). Finally, section 6 briefly discusses the same problems in a number of more specific environment related acts including (i) Habitats Directive (s 6.2), (ii) Birds Directive (s 6.3), (iii) Water Framework Directive (s 6.4), (iv) Industrial Emissions Directive (s 6.5) and (v) selected other acts (s 6.6).

The Agency for the Cooperation of Energy Regulators (ACER) has been established in 2009 in the Third Liberalization Package of Energy Sector. The Agency became fully operational in 2011. After 5 years of its functioning the Author presents his opinion on general issues like legitimacy of the European Union regarding the tendency of creating new European agencies (among them ACER) and the problem of the common belief in rule of experts in the typical field of politics. Subsequently the paper handles the history of setting up the Agency and the description of its bodies and competencies in order to present the achievements of ACER within 5 years of its work. The Author concludes with positive statement: ACER meets its goals, encompassing the principle of subsidiarity and helping the Commission and National Regulatory Authorities in realizing the aim of establishing the common energy market in European Union.

Keberadaan investasi asing di sebuah negara adalah sebuah kenyataan yang tidak lagi dapat dihindarkan. Kemudahan pergerakan uang, barang, jasa dan manusia sebagai konsekuensi logis dari globalisasi ekonomi semakin mempertegas pernyataan aksiomatis tersebut. Tidak dapat pula dinafikan bahwa investasi asing telah menjadi pendorong pertumbuhan ekonomi sebuah negara, merangsang pertumbuhan ekonomi lokal, menjadi sumber masuknya mata uang asing, teknologi, dan sumber daya manusia terdidik. 1 Meski demikian, dampak sosial dan ekologis yang mengiringi investasi asing juga tidak dapat diabaikan begitu saja, dalam beberapa kasus persoalan tersebut bahkan sudah masuk dalam spektrum pelanggaran hak asasi manusia. 2 Lebih dari itu, keberadaan investasi asing juga kerap kali mendapatkan sorotan di tengah menguatnya sentimen nasionalisme ekonomi yang menempatkan investasi asing dalam posisi diametral dengan kedaulatan negara atas perekonomian dan sumber daya alam. 3 Dalam konteks ini, diskursus mengenai bagaimana keseimbangan antara kepentingan nasional dengan kepentingan investor menjadi sumber perdebatan hukum dan tidak jarang menjadi isu politik-ekonomi yang melibatkan negara penerima investasi (host countries) dengan negara asal investor. 4 Polemik mengenai ancaman PT. Freeport-McMoran Indonesia (selanjutnya disngkat Freeport) untuk membawa sengketa investasi dengan Pemerintah Republik Indonesia ke mekanisme arbitrasi investasi internasional (UNCITRAL) sedikit banyak menggambarkan kontestasi tersebut.

Mesopotamia – the land between two rivers – was historically perceived as a freshwater rich region in the arid Arabian Peninsula. Despite the intense seasonal and yearly fluctuations of the flow of Euphrates and Tigris, their water was the basis for the advance of Neolithic and Bronze Age civilizations such as the Hattian and Hittitian cultures in Anatolia, the Assyrian culture in Northern Mesopotamia, the Babylonian culture in central Mesopotamia and the Sumerian culture in Southern Mesopotamia. While not new to the desert regions of Syria and Iraq, freshwater scarcity is a rather recent issue on the banks of Euphrates and Tigris, as is the international dimension of freshwater distribution and utilization. Significant international tension over the water of Euphrates and Tigris did not occur before the 1970s, when the first large dams were constructed on the Euphrates.
Large dams impact rivers unlike any other freshwater development. They change the most essential characteristic of a river: its flow. While early dams were too small to form reservoirs extensive enough to significantly affect a river’s flow, technological advances in the early 20th century enabled humans to build dams large enough to fundamentally alter a river’s flow regime. Dams of such scale are generally referred to as ‘large dams’.1 The first dam that could be described as a large dam in this sense is the Hoover Dam built in the United States on the Colorado River in the 1930s. Construction on the first large dam in the Euphrates-Tigris river system, the Turkish Keban Dam on the Euphrates, began in 1966. Syria followed shortly after, in 1968, and took up construction of the Tabqa Dam on the Euphrates. These dams and those subsequently erected on Euphrates and Tigris substantially altered the natural flow regime of Euphrates and Tigris and enabled the riparian States2 to noticeably influence the rivers’ flow. This potential to change the rivers’ flow is one of the core factors of the tensions over the water of Euphrates and Tigris.
Another key issue is the huge amount of freshwater the States will require to operate their irrigation and hydro-electric developments. The water demand of the Iraqi, Syrian and Turkish freshwater developments planned on the Euphrates are estimated to by far exceed the flow of the river and those of the Tigris will require close to its total flow. At the center of these developments, again, are dams. Thus, dams are at the heart of the dispute over the water of Euphrates and Tigris.
Therefore this contribution seeks to introduce the reader to the large dams built and planned on Euphrates and Tigris and the freshwater developments they supply, their impact on the rivers and specifically the regulation of such developments under international law. The contribution will first give an overview of the uses and impacts of large dam projects and the conflict over dams in the Euphrates-Tigris region. The second section will then discuss the extent to which large dam projects are regulated by international law. To further illustrate such regulation and its acceptance by the Euphrates-Tigris riparian States, specific dam projects constructed and planned on Euphrates and Tigris will be used as examples when discussing the international law on non-navigational uses of freshwater.

For over half a century now, the world has experienced a radical advancement in the area of science and technology. It is indeed an era of unfathomable borderless electronic transactions and communications. This digital development has also redefined the pattern of legal proceedings in courts of law across the globe; and the law cannot fringe ignorance to this reality. The legal system has equally been affected by the omnipresence of technology which has affected virtually everything we do and fundamentally the way legal proceedings are conducted because information gathered from electronic devices now feature in our courts regularly. In order to catch up with global advancement, Nigeria has enacted legislations like the Evidence Act 2011, Cyber Crime Act 2015, and the Electoral (Amendment) Act 2017. These legislations make for admissibility of computer generated evidence. This article considers the history, conditions for admissibility and the scope of electronic evidence under the extant law, and posits that the provisions for admissibility of electronic evidence are laudable; however, the innovations are not bereft of challenges. These challenges are: the sui generis nature of electronic evidence, lack of detailed provisions or guidelines for the admissibility of electronically generated evidence, third party intervention, misunderstanding between weight and admissibility, and technicality attached to electronic evidence. This article considers similar provisions in other jurisdictions. This article concludes by proffering some realistic approaches for surmounting these lacunas that have now appeared to be a clog in the wheel of progress of this nascent innovation in our evidential jurisprudence.

In the present study, an attempt has been made to characterize the natural resources and terrain condition and prescribe suitable action items towards sustainable development of Kundeimal micro watershed using geo informatics tools like satellite remote sensing, Global Positioning System and Geographic Information System. Satellite image of WORLDVIEW-II sensor and limited ground observations have been utilized for generating the thematic layers .The spatial layers have further been integrated and analysed using different geo informatics tools in GIS platform to generate alternate sustainable land use plan and watershed based suitable soil & water conservation measures for the micro watershed. The logic used in this study to generate the site specific action plan items is based on concept of sustainability.

Inhabitants of poor, rural areas in the Global South heavily depend on natural resources in their immediate vicinity. Conflicts over and exploitation of these resources – whether it is water, fish, wood fuel, minerals, or land – severely affect their livelihoods. The contributors to this volume leave behind the polarised debate, previously surrounding the relationship between natural resources and conflict, preferring a more nuanced approach that allows for multiple causes at various levels. The contributions cover a wide array of resources, geographical contexts (Africa, Asia and Latin America), and conflict dynamics. Most are of a comparative nature, exploring experiences of conflict as well as cooperation in multiple regions.

This volume finds its origin in an innovative research programme with the acronym CoCooN, steered by The Netherlands Organisation for Scientific Research (NWO/WOTRO) and involving universities and civil society partners in many countries. It presents the conceptual approaches adhered to by each of seven interdisciplinary projects, ranging from green criminology and political ecology to institutional analysis, legal pluralism and identity politics. The volume will be of interest to academics and practitioners concerned with an understanding of conflict as well as cooperation over natural resources.

Nigeria is richly endowed with variety of solid mineral deposit found across the thirty six (36) states of the federation and the Federal Capital Territory (FCT), Abuja. Despite the huge reserves of solid minerals, Nigeria is regarded as a non-mining nation, and the contribution of this sector to the economy is minimal. The main object of this research is to examine the legal and regulatory framework for solid minerals exploitation in Nigeria. The study employed a combination of doctrinal and empirical methods of conducting research. To this effect, materials are sourced from various areas of human endeavour such as the law, history, environmental sciences, as well as the social sciences. The empirical sources involve the administration of questionnaires to randomly selected participants from six states of the federation. This researcher uses cluster sampling technique to divide Nigeria into six geo-political zones. In each of the zones, one state was randomly selected for the survey. To generate the sample size for the survey, the Taro Yamene's formula was applied to arrive at a size of 400 respondents. Allocation of a given sample of size to the six states was proportionate to their population, according to Bowley's population allocation formula. The research found among other things that; Nigeria has enough minerals deposit that can provide a viable alternative for diversification of the economy away from over reliance on oil revenue. The solid minerals sector has the highest chances of solving Nigeria’s current unemployment problems, if its reserves are truly harnessed. It also found that, inadequate legal framework, insufficient geo-science data, and policy inconsistent of successive governments had created too much uncertainty which occasioned many private investors leaving and the sector's growth stunted and solid minerals exploitation could be a tool that the government can use to fight insurgency, particularly the Niger Delta Avengers. This study recommends among other things, that; authorities should ensure full implementation of the extant legal regime for solid minerals exploitation through creation of awareness, the Nigeria Security and Civil Defence Corps (NSCDC) should be equip with the necessary tools to enable them function as mining police to enforce the laws and the process of collection and dissemination of geo-science data be made in a transparent manner, it is further recommended that the aggrieved youth who indulges in militancy to ventilate their grievances against marginalisation, underdevelopment and unemployment will find solace in the fact that they are gainfully employed and every part of the country is engaged in exploitation activities.

The Philippine petroleum upstream industry has been facing a lot of challenges lately hugely affected by a combination of external and internal factors, which may result to a slow down in exploration and development activities. The volatility in oil prices, external security threats in the West Philippine Sea, and political risk perennially attached to the Philippine resource industry, may cause some explorationists to stay in the sidelines while waiting for the dust to settle.