Journal of Energy & Natural Resources Law - November 2013

Journal of Energy & Natural Resources Law articles are now available online to members of SEERIL (Section on Energy, Environment, Natural Resources and Infrastructure Law). To access the articles in this issue, you will need to sign in using your IBA username and password. Access login details


Editorial

Articles

Commentary

Notable Books Received


ARTICLES

Paths Towards Large, Unilateral Climate Policies: Policy-Seeking, Attenuated Accountability and Second-Order Government Assertiveness
Endre Tvinnereim

Conventional collective action theory predicts that significant greenhouse gas cuts require a global approach. Nevertheless, policies imposing unilateral absolute emission cuts in the form of cap-and-trade have entered into force in five jurisdictions: the European Union (EU), nine US northeast states, Tokyo, California and Australia. This study examines under what conditions such absolute, quantitative regulations of greenhouse gas emissions have been established and identifies causal commonalities.

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UK Shale Gas Prospects – Preparing Bespoke Joint Operating Agreements and Gas Sales Agreements (Part I)
Peter Roberts

Countries with shale gas deposits have recognised the potential and have been investigating opportunities for exploration and exploitation. This is particularly so in the United Kingdom, where recent government pronouncements have propelled shale gas to the forefront of the energy agenda (but not without some societal debate and disagreement about the wisdom of doing so). This article has two parts, to be published in this and in the next issue of the Journal. The first part of this article examines how a conventional joint operating agreement (JOA) will need to be modified to reflect the nuances of an onshore shale gas project.

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An Appraisal of the Energy Efficiency Regulatory Framework in Mauritius
Odile J Lim Tung

With the peak oil crisis looming ahead on one hand, and climate change consequences on the other, small island developing states (SIDS) will doubtless face challenges just as vulnerable economies relying heavily on imported fossil fuels will. In this context, Mauritius has no other option than to reduce its dependence on fossil fuels through energy efficiency and switch to renewable sources of energy while trying to mitigate climate change effects in its territories. This article gives an overview of the Mauritian regulatory framework on energy and brings recommendations in view of an improved institutional and legal framework as well as a better management of energy sources and energy-related policies in the country.

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COMMENTARY

The Spectre of Perpetuity Liability for Treating Acid Water on South Africa’s Goldfields: Decision in Harmony II
Tracy-Lynn Humby

In June 2012, the North Gauteng High Court handed down judgment in a matter that has sent a quiver down the collective spine of the South African mining industry. In the case of Harmony Gold Mining Co Ltd v Regional Director, Free State Department of Water Affairs and Others, Judge TM Makgoka held Harmony Gold to their obligation to pump and treat acidic mine water, notwithstanding that they had severed all legal connections to the land on which the mining activities that generated the pollution had taken place. Commentators described the decision as ‘opening a can of worms’, adding that it would have ‘profound’ implications for the mining fraternity in a context in which companies regularly negotiate sales agreements that ‘save’ them from post-sale liability.

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Guiding Principles for Durable Mining Agreements in Large Mining Projects
Marc Frilet and Ken Haddow

With the peak oil crisis looming ahead on one hand, and climate change consequences on the other, small island developing states (SIDS) will doubtless face challenges just as vulnerable economies relying heavily on imported fossil fuels will. In this context, Mauritius has no other option than to reduce its dependence on fossil fuels through energy efficiency and switch to renewable sources of energy while trying to mitigate climate change effects in its territories. This article gives an overview of the Mauritian regulatory framework on energy and brings recommendations in view of an improved institutional and legal framework as well as a better management of energy sources and energy-related policies in the country.

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 NOTABLE BOOKS RECEIVED

  • Sandra Zellmer, Comparative Environmental and Natural Resources Law, 2013.
  • Aaditya Mattoo and Arvind Subramanian, Greenprint: A New Approach to Cooperation on Climate Change, 2013.
  • Karen E Makuch and Ricardo Pereira (eds), Environmental and Energy Law, 2012.
  • Cécile Musialski, Matthias Altmann, Stefan Lechtenböhmer and Werner Zittel (eds), Shale Gas in Europe: A Multidisciplinary Analysis with a Focus on European Specificities, 2013.

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