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1265 full-text articles. Page 1 of 33.

Public Regulation Of The Oil And Gas Industry In Nigeria: An Evaluation, Eghosa Osa Ekhator 2016 Golden Gate University School of Law

Public Regulation Of The Oil And Gas Industry In Nigeria: An Evaluation, Eghosa Osa Ekhator

Annual Survey of International & Comparative Law

Nigeria operates a command and control regulatory framework in the oil and gas sector. This type of regulation was prevalent in the United States and Britain during the 1970s and 1980s. Under this regulatory framework, regulators are deemed to be acting in the public interest. This article focuses on the extant public regulatory regime in the oil and gas sector in Nigeria. Generally, factors, such as red-tape, over-regulation and regulatory capture, amongst others, are some reasons militating against a command and control regulatory regime. This article will contend that unless there is a paradigmatic shift in the state-oriented or public ...


Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira 2016 Barry University School of Law

Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira

Environmental and Earth Law Journal (EELJ)

In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.


Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb 2016 Barry University School of Law

Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb

Environmental and Earth Law Journal (EELJ)

Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European ...


Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez 2016 Barry University School of Law

Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez

Environmental and Earth Law Journal (EELJ)

This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb ...


Equal Protection For Animals, Pat Andriola 2016 New York University School of Law

Equal Protection For Animals, Pat Andriola

Environmental and Earth Law Journal (EELJ)

This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.


Book Review: The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage, By Penelope Simons & Audrey Macklin, Sara L. Seck 2016 Osgoode Hall Law School of York University

Book Review: The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage, By Penelope Simons & Audrey Macklin, Sara L. Seck

Osgoode Hall Law Journal

Book review of The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage, by Penelope Simons & Audrey Macklin.


Oneok, Inc. V. Learjet, Inc.: The Supreme Court Narrows The Preemptive Scope Of The Natural Gas Act And Extracts A Win For State Courts, Alexander D. Torres 2016 Villanova University Charles Widger School of Law

Oneok, Inc. V. Learjet, Inc.: The Supreme Court Narrows The Preemptive Scope Of The Natural Gas Act And Extracts A Win For State Courts, Alexander D. Torres

Villanova Environmental Law Journal

No abstract provided.


Cracks' In The Court's Analysis? Court Strikes Balancing Act Between Citizens' Constitutional Rights And Government's Exploitation Of Natural Gas Reserves In Pennsylvania Environmental Defense Foundation V. Commonwealth, Gabriella T. Soreth 2016 Villanova University Charles Widger School of Law

Cracks' In The Court's Analysis? Court Strikes Balancing Act Between Citizens' Constitutional Rights And Government's Exploitation Of Natural Gas Reserves In Pennsylvania Environmental Defense Foundation V. Commonwealth, Gabriella T. Soreth

Villanova Environmental Law Journal

No abstract provided.


Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon 2016 International Bank for Reconstruction and Development

Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon

Georgia Journal of International & Comparative Law

No abstract provided.


Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Shin Imai, Bernadette Maheandiran, Valerie Crystal 2016 Osgoode Hall Law School of York University

Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Shin Imai, Bernadette Maheandiran, Valerie Crystal

Shin Imai

This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company, HudBay Minerals. While first-generation legal and development policy reforms have facilitated foreign mining in Guatemala, second-generation reforms have failed to address effectively conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. Relevant corporate social responsibility policies and mechanisms lack the necessary enforcement powers. Canadian courts have been reluctant to permit lawsuits against Canadian parent companies; however, in Choc v ...


Recent Case Decisions, 2016 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Voter Beware: Colorado’S Ballot Initiatives And The Taking Of Private Property Under The U.S. Constitution, Daniel Franklin 2016 University of Oklahoma College of Law

Voter Beware: Colorado’S Ballot Initiatives And The Taking Of Private Property Under The U.S. Constitution, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Excerpt From Oil Capital: The History Of American Oil, Wildcatters, Independents And Their Bankers, Bernard F. Clark, Jr. 2016 University of Oklahoma College of Law

Excerpt From Oil Capital: The History Of American Oil, Wildcatters, Independents And Their Bankers, Bernard F. Clark, Jr.

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall 2016 University of Georgia

Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall

Georgia Journal of International & Comparative Law

No abstract provided.


Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny 2016 Fordham University School of Law

Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny

Georgia Journal of International & Comparative Law

No abstract provided.


Recent Case Decisions, 2016 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Life Estate And The Power To Commit Waste: Using A Power Analysis To Resolve Oil & Gas Title Issues Created By Future Interests, Anthony J. Ford 2016 Crowley Fleck PLLP

The Life Estate And The Power To Commit Waste: Using A Power Analysis To Resolve Oil & Gas Title Issues Created By Future Interests, Anthony J. Ford

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Micah L. Adkison 2016 University of Oklahoma College of Law

Editor's Introduction, Micah L. Adkison

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


A Fractured Standard: How The Fourth Circuit Granted Expansive Implied Property Rights To Mineral Owners, Davis Truslow 2016 Boston College Law School

A Fractured Standard: How The Fourth Circuit Granted Expansive Implied Property Rights To Mineral Owners, Davis Truslow

Boston College Environmental Affairs Law Review

Extraction of natural gas through hydraulic fracturing poses a significant risk of harm to human health and the environment. West Virginia, like many states that lie above vast oil and gas resources, grants expansive implied property rights to owners of subsurface mineral estates. In Whiteman v. Chesapeake, L.L.C., the United States Court of Appeals for the Fourth Circuit held that a hydraulic fracturing company’s construction and use of drilling waste pits on the surface of another’s property did not constitute a trespass under West Virginia common law because it was reasonably necessary for the recovery of ...


Mixing Oil And Water: The Role Of Natural Resource Wealth In The Resolution Of The Maritime Boundary Dispute Between Ghana And Côte D’Ivoire, Natalie Cappellazzo 2016 Boston College Law School

Mixing Oil And Water: The Role Of Natural Resource Wealth In The Resolution Of The Maritime Boundary Dispute Between Ghana And Côte D’Ivoire, Natalie Cappellazzo

Boston College International and Comparative Law Review

The West African nations of Ghana and Côte D’Ivoire are deeply entrenched in a legal battle over where in the Atlantic Ocean to draw the maritime boundary between them. Further complicating the conflict is the presence of significant quantities of offshore petroleum in the disputed area. In an interim order issued on April 25, 2015, a Special Chamber of the International Tribunal for the Law of the Sea ruled that Ghana may proceed with existing oil-related activity but must take all steps necessary to prevent new drilling, ensure that no information derived from oil exploration be used to the ...


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