Beyond the Carbon Economy

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The present energy economy, with its heavy dependence on fossil fuels is not sustainable over the medium to long term for many interconnected reasons. Climate change is now recognized as posing a serious threat. Energy and resource decisions involving the carbon fuels therefore play a large role in this threat. Fossil fuel reserves may also be running short, and many of the major reserves are in politically unstable parts of the world.

Yet citizens in nations with rapidly developing economies aspire to the benefits of the modern energy economy. China and India alone have 2.4 billion potential customers for cars, industries, and electrical services. Even so, more than half of the world's citizens still lack access to energy. Decisions involving fossil fuels are therefore a significant part of the development equation.

This volume explains how the law can impede or advance the shift to a world energy picture significantly different from that which exists today.

This book first examines the factors that create the problems of the present carbon economy, including environmental concerns and development goals. It then provides international and regional legal perspectives, examining public international law, regional legal structures, the responses of international legal bodies, and the role of major international nongovernmental actors. The book then moves on to explore sectoral perspectives including the variety of renewable energy sources, new carbon fuels, nuclear power, demand controls, and energy efficiency. Finally, the authors examine how particular States are, could, or should, be adapting legally to the challenges of moving beyond the carbon economy.

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Product Details

  • ISBN-13: 9780199532698
  • Publisher: Oxford University Press, USA
  • Publication date: 4/28/2008
  • Pages: 510
  • Product dimensions: 9.30 (w) x 6.40 (h) x 1.50 (d)

Meet the Author

Catherine Redgwell is Professor of International Law and Vice-Dean of the Faculty of Laws at University College London. Don Zillman is Godfrey Professor of Law at the University of Maine at Fort Kent. Professor Yinka Omorogbe is Head of the Department of Public and International Law at the University of Ibadan, Nigeria. Lila K. Barrera-Hernández is Adjunct Assistant Professor at the University of Calgary, Canada.

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Table of Contents

Pt. I Scoping and Overview

1 Introduction Donald N. Zillman Zillman, Donald N. Catherine Redgwell Redgwell, Catherine Yinka O. Omorogbe Omorogbe, Yinka O. Lila Barrera-Hernandez Barrera-Hernandez, Lila Barry Barton Barton, Barry 3

2 The Impact of Energy on Health, Environment, and Sustainable Development: The TANSAAFL Problem George (Rock) Pring Pring, George (Rock) Alexandra Suzann Haas Haas, Alexandra Suzann Benton Tyler Drinkwine Drinkwine, Benton Tyler 13

3 Promoting Sustainable Development through the Use of Renewable Energy: The Role of the Law Yinka O. Omorogbe Omorogbe, Yinka O. 39

4 The Law of Energy Efficiency Barry Barton Barton, Barry 61

Pt. 2 International and Regional Perspectives

5 International Legal Responses to the Challenges of a Lower-Carbon Future: Climate Change, Carbon Capture and Storage, and Biofuels Catherine Redgwell Redgwell, Catherine 85

6 The Development of Renewable Energy Technologies and Energy Efficiency Measures through Public International Law Adrian J. Bradbrook Bradbrook, Adrian J. 109

7 Are We There Yet? The Long Road to South America's Energy Future Lila K. Barrera-Hernandez Barrera-Hernandez, Lila K. 133

8 Increasing Access to Clean Energy in Africa: Challenges and Initiatives Fui S. Tsikata Tsikata, Fui S. Abeeku Brew-Hammond Brew-Hammond, Abeeku Y. B. Osafo Osafo, Y. B. 163

Pt. 3 Sectoral Perspectives and Technology-Based Approaches

9 Renewable Energy in National Legislation: Challenges and Opportunities Richard L. Ottinger Ottinger, Richard L. Lily Mathews Mathews, Lily Nadia Elizabeth Czachor Czachor, Nadia Elizabeth 183

10 The Use of Market-Based Instruments in the Transition from a Carbon-BasedEconomy Catherine Banet Banet, Catherine 207

11 Heavy Duty Transition Fuels: Oil Sands and Heavy Oil Alastair R. Lucas Lucas, Alastair R. Chidinma B. Thompson Thompson, Chidinma B. Olurotimi Williams Daudu Daudu, Olurotimi Williams 231

12 Biofuels: EU Law and Policy Inigo del Guayo Guayo, Inigo del 265

13 Reducing Carbon-Based Electricity Generation: Is the Answer Blowing in the Wind? Aileen McHarg McHarg, Aileen Anita Ronne Ronne, Anita 287

14 The Role of Law in the Future of Nuclear Power Donald N. Zillman Zillman, Donald N. 319

15 Legal Aspects of Carbon Capture and Storage Nigel Bankes Bankes, Nigel Martha Roggenkamp Roggenkamp, Martha 339

Pt. 4 National Perspectives

16 China's Plight in Moving towards a Low-Carbon Future: Analysis from the Perspective of Energy Law Wang Mingyuan Wang, Mingyuan 379

17 Energy for the Future: Brazilian Law and Policy Yanko Marcius de Alencar Xavier Xavier, Yanko Marcius de Alencar 399

18 The Indian Way: Exploring the Synergies between Development, Energy and Climate Goals Lavanya Rajamani Rajamani, Lavanya 419

19 The Future of an Economy Based on Oil Exploitation: The Mexican Case Jose Juan Gonzalez Gonzalez, Jose Juan 432

20 Law in the Schism: Its Role in Moving beyond the Carbon Economy in Australia Lee Godden Godden, Lee 459

21 In Search of the Optimum Energy Mix: Japanese Laws Promoting Non-Fossil-Fuel Energy Kazuhiro Nakatani Nakatani, Kazuhiro 481

22 Energy Resources Management in Russia: Policy and Law Irina Krasnova Krasnova, Irina 497

23 Diversified Leadership for Moving beyond the Carbon Economy in the United States John W. Gulliver Gulliver, John W. Keith A. Wheeler Wheeler, Keith A. 517

Pt. 5 Pulling the Threads Together: An Overview of the Challenges for Law of Moving Beyond a Carbon Economy

24 Overview and Conclusions Donald N. Zillman Zillman, Donald N. Catherine Redgwell Redgwell, Catherine Yinka O. Omorogbe Omorogbe, Yinka O. Lila Barrera-Hernandez Barrera-Hernandez, Lila 543

Index 553

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