Sharing the costs and benefits of energy and resource activity : legal change and impact on communities /
- Publication info:
Osgoode Hall Law School Library
On the Shelf
International instruments for nuclear technology transfer / prepared under the auspices of the International Law Section of the American Bar Association ; contributing committees, Ad Hoc Committee on International Aspects of Natural Resources and Law Student Division ; edited by L. Manning Muntzing. --
K 3988 A1 I57
- Sharing the costs and benefits of energy and resource activity : legal change and impact on communities / edited by Lila Barrera-Hernández, Barry Barton, Lee Godden, Alastair Lucas, Anita Rønne.
- Other Authors:
Oxford : Oxford University Press, 2016
- 1st edition.
- Local Note:
Canadian contributors: Nigel Bankes, Lila Barrera-Hernández, Astrid Kalkbrenner, and Alastair R. Lucas, University of Calgary; Nonye Opara, Canadian Institute of Resources Law.
"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 for communities. 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 the effects 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 three parts: 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."
- Physical Description:
xix, 447 pages ; 24 cm.
Includes bibliographical references and index.
- Copyright Notice Date:
Table of Contents
- Introduction : Sharing Costs and Benefits of Energy and Resource Activity / Lila Barrera-Hernández, Barry Barton, Lee Godden, Alastair Lucas and Anita Rønne
- Part I. Themes and Legal Frameworks. Community and Sharing / Barry Barton, Michael Goldsmith
- Regional and local energy communities : a European Union perspective on community benefits / Inigo del Guayo
- Shared international responsibility for transboundary harm arising from energy activities / Catherine Redgwell
- Indigenous peoples and free, prior, and informed consent in Latin America / Lila Barrera-Hernández
- 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, Cheri-Leigh Young
- Social licence to operate in the unconventional oil and gas development sector : the Colorado experience / Don C. Smith
- Part II. Legal Measures and Mechanisms to Distribute Costs and Benefits. Agreements with Indigenous communities : the Native Title Act in Australia / Lee Carol Godden, Lily O'Neill
- Community benefit agreements for wind farm siting in context / LeRoy C. Paddock, Max Greenblum
- Opposition to wind farms and the possible responses of the legal system / Anita Rønne
- The position of citizens in energy production in the Netherlands : is a new approach emerging? / Martha M. Roggenkamp
- Liability for oil spills from oil and gas operations in Canada's Arctic waters / Nigel Bankes, Astrid Kalkbrenner
- Broadening community and regional benefits from energy development through environmental restoration funds / Nonye Opara
- Social and environmental liability of private companies in the energy sector and the Mexican energy reform / José Juan González Márquez
- Resource control and benefit sharing in Nigeria / Yinka Omorogbe
- Oil and natural gas royalties and social development in Brazil / Yanko Marcius de Alençar Xavier, Anderson Souza da Silva Lanzillo
- Part III. Participatory Rights and Public Engagement. Community benefit through community ownership of renewable generation in Scotland : power to the people? / Aileen McHarg
- Enabling the crowdfunding of energy projects : the regulation of small-scale community financing in Europe / Catherine Banet
- Participatory rights and strategic litigation benefits : forcing and endowment protection in Canadian natural resource development / Alastair R. Lucas
- Participation of territorial authorities in mining activities in Colombia / Milton Fernando Montoya
- Legal regulation of NIMBY conflict in China / Wang Mingyuan, Li Bin
- Public participation in Indian environmental law / Lavanya Rajamani, Shibani Ghosh
- Small towns, big projects / Donald N. Zillman, Simon Beirne, Elizabeth Elsbach
- Conclusion / Lila Barrera-Hernández, Barry Barton, Lee Godden, Alastair Lucas and Anita Rønne.