Property and the Law in Energy and Natural Resources

Hardcover | March 25, 2010

EditorAileen McHarg, Barry Barton, Adrian Bradbrook

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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 multipledimensions 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; andnational 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 offoreign 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 naturalresources law field, and the collection builds upon a body of previous collaborative work in this area.

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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 multipledimensions of the contemporary relationship ...

Aileen McHarg is a senior lecturer in public law at the University of Glasgow, Scotland. She has wide-ranging research interests in the area of constitutional and administrative law, with a particular specialism in regulatory theory and practice, especially relating to energy utilities. She has written extensively on this topic and ...

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Format:HardcoverDimensions:496 pages, 9.21 × 6.14 × 0.98 inPublished:March 25, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199579857

ISBN - 13:9780199579853

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Table of Contents

1. Aileen McHarg, Barry Barton, Adrian Bradbrook and Lee Godden: Property and the Law in Energy and Natural ResourcesPart 1: Theoretical and Conceptual Perspectives2. Jonnette Watson Hamilton and Nigel Bankes: Different Views of the Cathedral: The Literature on Property Law Theory3. Anita Ronne: Public and Private Rights to Natural Resources and Differences in their Protection?4. Barry Barton: Property Rights Created Under Statute in Common Law Legal Systems5. Catherine Redgwell: Property Law Sources and Analogies in International LawPart 2: Natural Resource Regimes6. Yinka Omorogbe and Peter Oniemola: Property Rights in Oil and Gas Under Domanial Regimes7. Terence Daintith: The Rule of Capture: the Least Worst Property Rule for Oil and Gas8. Ulf Hammer: Models for state ownership on the Norwegian Continental Shelf9. Wang Mingyuan: Natural Gas Development and Land Use: Conflict Between Legal Rights and its Resolution10. Lila Barrera-Hernandez: Got Title; Will Sell: Indigenous Rights to Land in Chile and Argentina11. Jose Juan Gonzalez: The Scope and Limitations of the Principle of National Property of Hydrocarbons in Mexico12. Yanko de Alencar: Legal Models of Ownership over Petroleum and Gas in Brazilian Law13. Simon Butt and Tim Lindsey: Who Owns the Economy? Property Rights, Privatization and the Indonesian Constitution: the Electricity Law CasePart 3: Property Rights, Markets and Regulation14. Sarah Hendry: Ownership Models for Water Services: Implications for Regulation15. Luis Erize: Eminent Domain and Regulatory Changes16. Kazuhiro Nakatani: Limiting Foreign Investment in the Energy Sector for National Security Reasons: the Case of Japan17. Inigo del Guayo, Martha Roggenkamp and Gunther Kuhne: Ownership Unbundling and Property Rights in the EU18. Aileen McHarg: The Social Obligations of Ownership and the Regulation of Energy Utilities in the United Kingdom and the European UnionPart 4: Emerging Property Regimes19. Adrian Bradbrook: The Role of the Common Law in Promoting Sustainable Energy Development in the Property Sector20. Lee Godden: Governing Common Resources: Environmental Markets and Property in Water21. Al Lucas: The Significance of Property Rights in Biotic Sequestration of Carbon22. Lavanya Rajamani: Community Based Property Rights Regimes and Resource Conservation in India's Forests