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

by Barrera-Hernandez, Lila; Barton, Barry; Godden, Lee; Lucas, Alastair; Ronne, Anita

• ISBN13: 9780191821783
• ISBN10: 0191821780
• Format: eBook
• Copyright: 2016-05-30
• Publisher: Oxford University Press

Author Biography

Lila Barrera-Hernandez, Adjunct Assistant Professor of Law, University of Calgary,Barry Barton, Professor, School of Law, University of Waikato,Lee Godden, Professor of Law, Melbourne Law School, The University of Melbourne,Alastair Lucas, Professor of Law and Adjunct Professor of Environmental Science, University of Calgary,Anita Ronne, Associate Professor in Energy Law, Faculty of Law, University of Copenhagen

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, Energy and Environmental Law at the University of Melbourne, Australia

Alastair Lucas is Professor of Law at the University of Calgary, Canada.

Anita Ronne is Associate Professor in Energy Law at the University of Copenhagen and Chair of the Danish Energy Law Society, Denmark.

Table of Contents

1. Introduction: Sharing Costs and Benefits of Energy and Resource Activity, Lila Barrera-Hernandez, Barry Barton, Lee Godden, Alastair Lucas and Anita Ronne
Part I: Themes and Legal Frameworks
2. Community and Sharing, Barry Barton and Michael Goldsmith
3. Regional and Local Energy Communities - A European Union perspective on community benefits, Inigo del Guayo
4. Shared International Responsibility for Transboundary Harm Arising from Energy Activities, Catherine Redgwell
5. Indigenous Peoples and Free, Prior and Informed Consent in Latin America, Lila Barrera-Hernandez
6. Corporate Social Responsibility in the Mining Industries of Namibia, South Africa and Zambia: Choices and Consequences, Hanri Mostert, Kangwa-Musole Chisanga, Janine Howard, Fatima Mandhu, Meyer van den Berg, and Cheri-Leigh Young
7. Social License to Operate in the Unconventional Oil & Gas Development Sector: The Colorado Experience, Don Smith
Part II: Legal Measures and Mechanisms to Distribute Costs and Benefits
8. Agreements with Indigenous Communities:The Native Title Act in Australia, Lee Carol Godden and Lily O'Neill
9. Community Benefit Agreements for Wind Farm Siting in Context, LeRoy Paddock and Max Greenblum
10. Opposition to wind farms and the possible responses of the legal system, Anita Ronne
11. The Position of Citizens in Energy Production in the Netherlands: Is a New Approach Emerging?, Martha Roggenkamp
12. Liability for Oil Spills from Oil and Gas Operations in Canada's Arctic Waters, Nigel Bankes and Astrid Kalkbrenner
13. Broadening Community and Regional Benefits from Energy Development through Environmental Restoration Funds, Nonye Opara
14. Social and Environmental Liability of Private Companies in the Energy Sector and the Mexican Energy Reform, Jose Juan Gonzalez Marquez
15. Resource Control and Benefit Sharing in Nigeria, Yinka Omorogbe
16. Oil and Natural Gas Royalties and Social Development in Brazil, Yanko Marcius de Alencar Xavier and Anderson Souza da Silva Lanzillo
Part III: Participatory Rights and Public Engagement
17. Community Benefit through Community Ownership of Renewable Generation in Scotland: Power to the People?, Aileen McHarg
18. Enabling the crowdfunding of energy projects: the regulation of small scale community financing in Europe, Catherine Banet
19. Participatory Rights and Strategic Litigation: Benefits Forcing and Endowment Protection in Canadian Natural Resource Development, Alastair R. Lucas
20. Participation of Territorial Authorities in Mining Activities in Colombia, Milton Montoya
21. Legal Regulation of NIMBY Conflict in China, Wang Mingyuan and Li Bin
22. Public Participation in Indian Environmental Law, Lavanya Rajamani and Shibani Ghosh
23. Small Towns, Big Projects, Donald N. Zillman, Simon Beirne, and Elizabeth Elsbach
24. Conclusion