Journal of Energy and Natural Resources Law - November 2011

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



Nigerian Content in the Nigerian Petroleum Industry: Legal and Policy Issues
Ike Oguine

The passage into law of a national content law in Nigeria in 2010 marked a very significant stage in a journey of more than 60 years to increase Nigerian participation in the nation's petroleum industry. The new law has radically changed the regulatory regime in that area. This article traces the evolution of legal and policy measures to enhance national content. It shows that while considerable progress has been made, such progress has paradoxically tended to feed demands for even more measures to promote national content. The new national content law is a product of this paradox and contains provisions that could seriously hamper the growth of the Nigerian petroleum industry. The article highlights some of these provisions and their potential impact, and argues that while it is perfectly understandable for Nigerians to seek a greater share of the petroleum industry, this must not be pursued in a way that hurts the industry and the nation itself.

 

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Energy Efficiency: A Comparative Analysis of the New Zealand Legal Framework 
Marcel Eusterfeldhaus and Barry Barton

Energy-efficiency laws and policies have great ability to improve economic wellbeing and human health, while reducing the adverse effects of energy use on climate and the environment generally. New Zealand, like many countries, has a legal framework for energy-efficiency measures, including a specialist agency, a process for strategic planning and the making of regulations. This framework has certain strengths, but shows deficiencies in its use of strategies. Its use of regulation for labelling and minimum energy performance standards is similar to that of a number of other countries. In this article, New Zealand law on energy efficiency is compared with that of California and Germany. Insights from social sciences and behavioural economics have considerable promise in the design of energy-efficiency measures. However, a clear legal framework is necessary to put energy efficiency at the heart of energy policy, and to pursue it with conventional legal regulatory measures.

 

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Land-Use Planning and Natural Resource Rights: The Alberta Land Stewardship Act
Bernard J Roth and Rachel A Howie

Alberta’s new Land Stewardship Act is unique regional land-use planning legislation that affects both private and public land in the province. Significantly, the regional plans to be developed will adversely affect, amend and even rescind ‘statutory consents’ that authorise oil and gas and other natural resource development. The Act applies to major energy resource producing regions including the Eastern Slopes of the Rocky Mountains and the Athabasca oil sands area. Despite an amendment intended to clarify ambiguities concerning takings of property and rights to compensation, uncertainty and public concern remain. This article identifies and assesses these takings and compensation issues. It also looks ahead to potential regulatory issues that these regional plans may pose for resource developers, noting in particular problems concerning potential qualification or removal of water rights and environmental and natural resource development approvals. Again, it addresses issues of statutory interpretation and takings doctrine that may be of interest in other jurisdictions. In the longer run, though the Land Stewardship Act may produce some uncertainty for holders of natural resource interests overall, it may represent an improvement over earlier uncoordinated land-use policy and planning in the province.

 

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Oman’s New Oil and Gas Law
Edward Rose

The Sultanate of Oman brought a new oil and gas law into force in February 2011. This article is a brief survey of the contents of the new law, outlines the legal and regulatory framework that now governs Oman’s oil and gas sector and highlights the major differences with previous legislation. The main features of future concession agreements in Oman, relevant employment and environmental issues and the penalties that will now affect those who do not comply with the new law are also discussed.

 

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BOOK REVIEW

Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty.

 

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