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Property and the Law in Energy and Natural Resources

Edited by: Aileen McHarg, Barry Barton, Adrian Bradbrook, Lee Godden

ISBN13: 9780199579853
Published: February 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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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.

The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.

Subjects:
Property Law, Energy and Natural Resources Law
Contents:
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