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

Hardcover | April 30, 2016

EditorLila Barrera-Hernandez, Barry Barton, Lee Godden

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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 forcommunities. 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 theeffects 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 threeparts: 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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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 forcommunities. For many years, the law has mediated ...

Lila Barrera-Hernandez is an international development consultant and Adjunct Associate Professor at the University of Calgary, Canada. Barry Barton is Professor of Law and Director of the Centre for Environmental, Resources and Energy Law at the University of Waikato, New Zealand. Lee Godden is Director of the Centre for Resources, En...

other books by Lila Barrera-Hernandez

Format:HardcoverDimensions:480 pages, 9.21 × 6.14 × 0.98 inPublished:April 30, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198767951

ISBN - 13:9780198767954

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Table of Contents

1. Lila Barrera-Hernandez, Barry Barton, Lee Godden, Alastair Lucas and Anita Ronne: Introduction: Sharing Costs and Benefits of Energy and Resource ActivityPart I: Themes and Legal Frameworks2. Barry Barton and Michael Goldsmith: Community and Sharing3. Inigo del Guayo: Regional and Local Energy Communities - A European Union perspective on community benefits4. Catherine Redgwell: Shared International Responsibility for Transboundary Harm Arising from Energy Activities5. Lila Barrera-Hernandez: Indigenous Peoples and Free, Prior and Informed Consent in Latin America6. 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 Consequences7. Don Smith: Social License to Operate in the Unconventional Oil and Gas Development Sector: The Colorado ExperiencePart II: Legal Measures and Mechanisms to Distribute Costs and Benefits8. Lee Carol Godden and Lily O'Neill: Agreements with Indigenous Communities:The Native Title Act in Australia9. LeRoy Paddock and Max Greenblum: Community Benefit Agreements for Wind Farm Siting in Context10. Anita Ronne: Opposition to wind farms and the possible responses of the legal system11. 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 Waters13. Nonye Opara: Broadening Community and Regional Benefits from Energy Development through Environmental Restoration Funds14. Jose Juan Gonzalez Marquez: Social and Environmental Liability of Private Companies in the Energy Sector and the Mexican Energy Reform15. Yinka Omorogbe: Resource Control and Benefit Sharing in Nigeria16. Yanko Marcius de Alencar Xavier and Anderson Souza da Silva Lanzillo: Oil and Natural Gas Royalties and Social Development in BrazilPart III: Participatory Rights and Public Engagement17. 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 Europe19. Alastair R. Lucas: Participatory Rights and Strategic Litigation: Benefits Forcing and Endowment Protection in Canadian Natural Resource Development20. Milton Montoya: Participation of Territorial Authorities in Mining Activities in Colombia21. Wang Mingyuan and Li Bin: Legal Regulation of NIMBY Conflict in China22. Lavanya Rajamani and Shibani Ghosh: Public Participation in Indian Environmental Law23. Donald N. Zillman, Simon Beirne, and Elizabeth Elsbach: Small Towns, Big Projects24. Conclusion