Property and the Law in Energy and Natural Resources

by McHarg, Aileen; Barton, Barry; Bradbrook, Adrian; Godden, Lee

• ISBN13: 9780199579853
• ISBN10: 0199579857
• Format: Hardcover
• Copyright: 2010-04-19
• Publisher: Oxford University Press

Summary

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.

Author Biography

Joanne Limburg was born in London in 1970, and studied philosophy at Cambridge. She is the author of two poetry collections. Femenismo (Bloodaxe, 2000) was shortlisted for the Forward Best First Collection Prize; Paraphernalia (Bloodaxe, 2007) was a Poetry Book Society Recommendation. She lives in Cambridge with her husband and son, and is currently the Royal Literary Fund Fellow at Magdalen College.

Table of Contents

1. Property and the Law in Energy and Natural Resources, Aileen McHarg, Barry Barton, Adrian Bradbrook and Lee Godden
PART 1: THEORETICAL AND CONCEPTUAL PERSPECTIVES
2. Different Views of the Cathedral: The Literature on Property Law Theory, Jonnette Watson Hamilton and Nigel Bankes
3. Public and Private Rights to Natural Resources and Differences in their Protection?, Anita Ronne
4. Property Rights Created Under Statute in Common Law Legal Systems, Barry Barton
5. Property Law Sources and Analogies in International Law, Catherine Redgwell
PART 2: NATURAL RESOURCE REGIMES
6. Property Rights in Oil and Gas Under Domanial Regimes, Yinka Omorogbe and Peter Oniemola
7. The Rule of Capture: the Least Worst Property Rule for Oil and Gas, Terence Daintith
8. Models for State Ownership on the Norwegian Continental Shelf, Ulf Hammer
9. Natural Gas Development and Land Use: Conflict Between Legal Rights and its Resolution, Wang Mingyuan
10. Got Title; Will Sell: Indigenous Rights to Land in Chile and Argentina, Lila Barrera-Hernandez
11. The Scope and Limitations of the Principle of National Property of Hydrocarbons in Mexico, Jose Juan Gonzalez
12. Legal Models of Petroleum and Natural Gas Ownership in Brazilian Law, Yanko Marcius de Alencar Xavier
13. Who Owns the Economy? Property Rights, Privatization, and the Indonesian Constitution: The Electricity Law Case, Simon Butt and Tim Lindsey
PART 3: PROPERTY RIGHTS, MARKETS, AND REGULATION
14. Ownership Models for Water Services: Implications for Regulation, Sarah Hendry
15. Eminent Domain and Regulatory Changes, Luis Erize
16. Restrictions on Foreign Investment in the Energy Sector for National Security Reasons: The Case of Japan, Kazuhiro Nakatani
17. Ownership Unbundling and Property Rights in the EU Energy Sector, Inigo del Guayo, Gunther Kuhne, and Martha Roggenkamp
18. The Social Obligations of Ownership and the Regulation of Energy Utilities in the United Kingdom and the European Union, Aileen McHarg
PART 4: EMERGING PROPERTY REGIMES
19. The Role of the Common Law in Promoting Sustainable Energy Development in the Property Sector, Adrian Bradbrook
20. Governing Common Resources: Environmental Markets and Property in Water, Lee Godden
21. The Significance of Property Rights in Biotic Sequestration of Carbon, Alastair Lucas
22. Community Based Property Rights Regimes and Resource Conservation in India's Forests, Lavanya Rajamani