Property and the Law in Energy and Natural Resources

ISBN : 9780199579853

Aileen McHarg; Barry Barton; Adrian J. Bradbrook; Lee Godden
496 Pages
165 x 240 mm
Pub date
Feb 2010
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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 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.


1. Property and the Law in Energy and Natural Resources
2. Different Views of the Cathedral: The Literature on Property Law Theory
3. Public and Private Rights to Natural Resources and Differences in their Protection?
4. Property Rights Created Under Statute in Common Law Legal Systems
5. Property Law Sources and Analogies in International Law
6. Property Rights in Oil and Gas Under Domanial Regimes
7. The Rule of Capture: the Least Worst Property Rule for Oil and Gas
8. Models for State Ownership on the Norwegian Continental Shelf
9. Natural Gas Development and Land Use: Conflict Between Legal Rights and its Resolution
10. Got Title
Will Sell: Indigenous Rights to Land in Chile and Argentina
11. The Scope and Limitations of the Principle of National Property of Hydrocarbons in Mexico
12. Legal Models of Petroleum and Natural Gas Ownership in Brazilian Law
13. Who Owns the Economy? Property Rights, Privatization, and the Indonesian Constitution: The Electricity Law Case
14. Ownership Models for Water Services: Implications for Regulation
15. Eminent Domain and Regulatory Changes
16. Restrictions on Foreign Investment in the Energy Sector for National Security Reasons: The Case of Japan
17. Ownership Unbundling and Property Rights in the EU Energy Sector
18. The Social Obligations of Ownership and the Regulation of Energy Utilities in the United Kingdom and the European Union
19. The Role of the Common Law in Promoting Sustainable Energy Development in the Property Sector
20. Governing Common Resources: Environmental Markets and Property in Water
21. The Significance of Property Rights in Biotic Sequestration of Carbon
22. Community Based Property Rights Regimes and Resource Conservation in India's Forests

About the author: 

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 is a member of the Editorial Board of the Utilities Law Review and of the Editorial Advisory Board of the Journal of Energy and Natural Resources Law. Current research projects include analysis of the role of legally-binding targets in promoting renewable energy and of the relationship between devolution and the regulatory state. ; Barry Barton is a Professor of Law at the University of Waikato, Hamilton, New Zealand. He specializes in energy and natural resources law, with particular reference to mining law, mining investment disputes, electricity market reform, energy efficiency, theories of regulation, and property rights in natural resources. He is Chairperson of the Academic Advisory Group of the Section on Energy, Environment, Resources and Infrastructure Law of the International Bar Association, Member of the Journal Board of the Journal of Energy and Natural Resources Law, and Editor of the Australian Energy and Resources Law Journal. Research programmes under way in which he takes part are Intercoast (coastal zone management involving Waikato and Bremen Universities) and Energy Cultures (with the University of Otago). ; Adrian Bradbrook is the Bonython Chair of Law at the University of Adelaide, Australia, and the former Dean of the Faculty of Law (1991-95). He specializes in sustainable energy law, environmental law and property law. He has held the position of Chair of the Working Group on Energy Law and Climate Change for the IUCN (World Conservation Union) and has worked on a number of UN projects relating to energy law. He is a Member of the Board of Editors of the Journal of Energy and Natural Resources Law, the Journal of World Energy Law and Business, the Australasian Journal of Natural Resources Law and Policy and the Australian Property Law Journal. He is the recipient of several major Australian Research Council Discovery and other grants relating to sustainable energy law.; Professor Lee Godden is Director of the Centre for Resources, Energy and Environmental Law at the Melbourne Law School. Her research interests span resources law, environmental law and property law, with a focus on water law and climate change. She has written extensively on the use of market mechanisms, such as property rights in 'cap and trade' instruments. She has a current project investigating climate change impacts on water resources, as well as long-standing research interests in agreement-making between indigenous peoples and mining interests. She has conducted comparative research in Australia, Canada, South Africa, South-East Asia and the Pacific.

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