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Property and the Law in Energy and Natural Resources

Property and the Law in Energy and Natural Resources

Author: Aileen McHarg; Barry Barton; Adrian Bradbrook; Lee Godden
Publisher: Oxford University Press
ISBN: 9780199579853
Published In: February 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Wide-ranging and theoretically-informed analysis of key issues in the relationship between property law, energy, and natural resources law
Includes coverage of the property rights of indigenous communities, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment
Broad coverage of national legal systems and international law, presenting a comprehensive overview of all the relevant issues
Features contributions by authors from all five continents

The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world.

With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment.

1: Aileen McHarg, Barry Barton, Adrian Bradbrook and Lee Godden: Property and the Law in Energy and Natural Resources

PART 1: THEORETICAL AND CONCEPTUAL PERSPECTIVES

2: Jonnette Watson Hamilton and Nigel Bankes: Different Views of the Cathedral: The Literature on Property Law Theory

3: Anita Rønne: Public and Private Rights to Natural Resources and Differences in their Protection?

4: Barry Barton: Property Rights Created Under Statute in Common Law Legal Systems

5: Catherine Redgwell: Property Law Sources and Analogies in International Law

PART 2: NATURAL RESOURCE REGIMES

6: Yinka Omorogbe and Peter Oniemola: Property Rights in Oil and Gas Under Domanial Regimes

7: Terence Daintith: The Rule of Capture: the Least Worst Property Rule for Oil and Gas

8: Ulf Hammer: Models for state ownership on the Norwegian Continental Shelf

9: Wang Mingyuan: Natural Gas Development and Land Use: Conflict Between Legal Rights and its Resolution

10: Lila Barrera-Hernandez: Got Title; Will Sell: Indigenous Rights to Land in Chile and Argentina

11: José Juan González: The Scope and Limitations of the Principle of National Property of Hydrocarbons in Mexico

12: Yanko de Alencar: Legal Models of Ownership over Petroleum and Gas in Brazilian Law

13: Simon Butt and Tim Lindsey: Who Owns the Economy? Property Rights, Privatization and the Indonesian Constitution: the Electricity Law Case

PART 3: PROPERTY RIGHTS, MARKETS AND REGULATION

14: Sarah Hendry: Ownership Models for Water Services: Implications for Regulation

15: Luis Erize: Eminent Domain and Regulatory Changes

16: Kazuhiro Nakatani: Limiting Foreign Investment in the Energy Sector for National Security Reasons: the Case of Japan

17: Iñigo del Guayo, Martha Roggenkamp and Gunther Kühne: Ownership Unbundling and Property Rights in the EU

18: Aileen McHarg: The Social Obligations of Ownership and the Regulation of Energy Utilities in the United Kingdom and the European Union

PART 4: EMERGING PROPERTY REGIMES

19: Adrian Bradbrook: The Role of the Common Law in Promoting Sustainable Energy Development in the Property Sector

20: Lee Godden: Governing Common Resources: Environmental Markets and Property in Water

21: Al Lucas: The Significance of Property Rights in Biotic Sequestration of Carbon

22: Lavanya Rajamani: Community Based Property Rights Regimes and Resource Conservation in India's Forests

Edited by Aileen McHarg, Senior Lecturer in Public Law, University of Glasgow, Barry Barton, Professor of Law, University of Waikato, New Zealand, Adrian Bradbrook, Bonython Professor of Law, Law School, University of Adelaide, and Lee Godden, Professor of Law, Melbourne Law School, The University of Melbourne

Contributors:

Nigel Bankes, University of Calgary
Lila K. Barrera-Hernández, University of Calgary, Canada
Simon Butt, Sydney Law School
Terence Daintith, University of Western Australia
Yanko Marcius de Alencar Xavier, Federal University Rio Grande do Norte, Brazil
Luis A. Erize, Abeledo Gottheil Abogados, Buenos Aires
Iñigo del Guayo, University of Almería
José Juan González, Universidad Autónoma Metropolitana, Mexico
Ulf Hammer, University of Oslo
Sarah Hendry, University of Dundee
Gunther Kühne, University of Göttingen
Tim Lindsey, University of Melbourne
Alastair R. Lucas, University of Calgary
Kazuhiro Nakatani, University of Tokyo
Yinka Omorogbe, Nigerian National Petroleum Corporation
Peter K. Oniemola, University of Ibadan
Lavanya Rajamani, Centre for Policy Research, New Delhi
Catherine Redgwell, University College London
Martha M. Roggenkamp, University of Groningen
Anita Rønne, University of Copenhagen
Wang Mingyuan, Tsinghua University Law School, Beijing
Jonnette Watson Hamilton, University of Calgary

"I end this review with an apology to the 26 contributors to this collection whose names I have omitted and whose learned insights I have failed, in the interests of brevity, to acknowledge. I can only say that this collection is a treasure trove into which every lawyer and student of law should delve if they aspire to become an energy and natural resources lawyer." - Robert Pritchard, International Energy Law Review

"There is coverage of a broad and complex range of legal issues in a comprehensive and logical manner...the legal analysis provided in this collection is both thorough and informative. It no doubt will feature prominently on law course reading lists in both the natural resource and property areas...and should be promoted beyond research circles to the wider communities involved in natural resource and property development." - Linda Siegele, University College London