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Vol 23 No 3 March/April 2018

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Sharing the Costs and Benefits of Energy and Resource Activity: Legal Change and Impact on Communities

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Edited by: Lila Barrera-Hernandez, Barry Barton, Lee Godden, Alastair R. Lucas, Anita Ronne

ISBN13: 9780198767954
Published: March 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

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A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities.

For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity.

The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.

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Energy and Natural Resources Law
1: Lila Barrera-Hernández, Barry Barton, Lee Godden, Alastair Lucas and Anita Rønne: Introduction: Sharing Costs and Benefits of Energy and Resource Activity

Part I: Themes and Legal Frameworks
2: Barry Barton and Michael Goldsmith: Community and Sharing
3: Iñigo del Guayo: Regional and Local Energy Communities - A European Union perspective on community benefits
4: Catherine Redgwell: Shared International Responsibility for Transboundary Harm Arising from Energy Activities
5: Lila Barrera-Hernández: Indigenous Peoples and Free, Prior and Informed Consent in Latin America
6: Hanri Mostert, Kangwa-Musole Chisanga, Janine Howard, Fatima Mandhu, Meyer van den Berg, and Cheri-Leigh Young: Corporate Social Responsibility in the Mining Industries of Namibia, South Africa and Zambia: Choices and Consequences
7: Don Smith: Social License to Operate in the Unconventional Oil & Gas Development Sector: The Colorado Experience

Part II: Legal Measures and Mechanisms to Distribute Costs and Benefits
8: Lee Carol Godden and Lily O'Neill: Agreements with Indigenous Communities:The Native Title Act in Australia
9: LeRoy Paddock and Max Greenblum: Community Benefit Agreements for Wind Farm Siting in Context
10: Anita Rønne: Opposition to wind farms and the possible responses of the legal system
11: Martha Roggenkamp: The Position of Citizens in Energy Production in the Netherlands: Is a New Approach Emerging?
12: Nigel Bankes and Astrid Kalkbrenner: Liability for Oil Spills from Oil and Gas Operations in Canada's Arctic Waters
13: Nonye Opara: Broadening Community and Regional Benefits from Energy Development through Environmental Restoration Funds
14: José Juan González Márquez: Social and Environmental Liability of Private Companies in the Energy Sector and the Mexican Energy Reform
15: Yinka Omorogbe: Resource Control and Benefit Sharing in Nigeria
16: Yanko Marcius de Alencar Xavier and Anderson Souza da Silva Lanzillo: Oil and Natural Gas Royalties and Social Development in Brazil

Part III: Participatory Rights and Public Engagement
17: Aileen McHarg: Community Benefit through Community Ownership of Renewable Generation in Scotland: Power to the People?
18: Catherine Banet: Enabling the crowdfunding of energy projects: the regulation of small scale community financing in Europe
19: Alastair R. Lucas: Participatory Rights and Strategic Litigation: Benefits Forcing and Endowment Protection in Canadian Natural Resource Development
20: Milton Montoya: Participation of Territorial Authorities in Mining Activities in Colombia
21: Wang Mingyuan and Li Bin: Legal Regulation of NIMBY Conflict in China
22: Lavanya Rajamani and Shibani Ghosh: Public Participation in Indian Environmental Law
23: Donald N. Zillman, Simon Beirne, and Elizabeth Elsbach: Small Towns, Big Projects
24: Conclusion