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Full-Text Articles in Law

Development In International Energy Law, David Van Zandt Jan 2007

Development In International Energy Law, David Van Zandt

Northwestern Journal of International Law & Business

International energy law embodies a matter of keen interest that affects the daily lives of citizens in developing and developed countries worldwide. Among numerous other effects, international energy law influences gas prices, wages, employment rates and domestic market regulations. The weight of these direct consequences of international energy law and policy led to the creation of this year's symposium topic. The goal of this year's symposium is to identify issues arising from various international energy laws as well as to understand the effects that recent international events, including the fall of Enron, the creation of NAFTA and the political unrest …


Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini Jan 2007

Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini

Northwestern Journal of International Law & Business

An increase in global reliance on fossil fuels has prompted greater discussion on energy security. For the United States, interest has focused on ensuring that countries in the Western Hemisphere, which currently supply roughly half of U.S. imports of crude oil and petroleum products, remain stable sources of energy. While concerns have focused on political instability and a rising interest in the hemisphere's energy resources by China and India, the conversation centers on a hemispheric trend toward resource nationalism. Resource nationalism is exemplified by the global trend of placing the world's oil reserves under the control of national oil companies …


Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty Jan 2007

Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty

Northwestern Journal of International Law & Business

In July 1999, the Canadian firm Methanex Corporation ("Methanex") notified the United States of its intention to seek approximately $1 billion in damages for the United States's alleged breach of Chapter 11 of the North American Free Trade Agreement ("NAFTA"). NAFTA, a trilateral agreement among the United States, Canada and Mexico (the "Parties"), gives private, foreign investors from each country the right to bring claims against another Party under certain circumstances. Methanex claimed a California measure banning the use of the gasoline additive MTBE discriminated against and expropriated its investments. The case of Methanex v. United States highlights two unintended …


Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe Jan 2007

Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe

Northwestern Journal of International Law & Business

The bankruptcy of the Enron Corporation in December 2002 is the biggest corporate bankruptcy in U.S. history. The Houston-based company, formed in 1985, became the nation's seventh-largest company in revenue by buying electricity from generators and selling it to consumers. Because Enron made the market in energy trading, its collapse fundamentally altered the U.S. energy trading industry. Equally important, the disclosure of Enron's role in California's power market crisis shattered confidence in deregulated wholesale-electricity and natural gas markets, creating obstacles for new players seeking to restore confidence in energy trading markets. New market entrants offer their clients a more complete …


Legal Hurdles To Developing Wind Power As An Alternative Energy Source In The United States: Creative And Comparative Solutions, Adam M. Dinnell, Adam J. Russ Jan 2007

Legal Hurdles To Developing Wind Power As An Alternative Energy Source In The United States: Creative And Comparative Solutions, Adam M. Dinnell, Adam J. Russ

Northwestern Journal of International Law & Business

This article discusses how parties have used current domestic environmental laws to curb the development of a more "environmentally-friendly" alternative energy source: wind power. As the ever-increasing demand for oil and petroleum around the world leads to rising costs throughout the nation, investing in new energy sources is considered crucial to sustainable development in the United States. Wind power has the potential to serve as a clean, efficient, and renewable source of energy in the 21st Century. The further development of wind power could create a meaningful alternative energy supply, relaxing geopolitical and economic concerns over this country's strict century-old …


Addicted To The Pump, Shaneka Reese Jan 2007

Addicted To The Pump, Shaneka Reese

Northwestern Journal of International Law & Business

Most of the world has acknowledged a growing problem with greenhouse gas emissions ("GHG"), and has expressed that acknowledgement by ratifying the Kyoto Protocol ("Kyoto"). The United States, however, has refused to ratify Kyoto. Automobiles are responsible for the largest portion of the global increase in carbon dioxide emissions. As part of the most powerful industry in the world, U.S. automakers are capable of reducing emissions as required by Kyoto. Adopting Kyoto will in fact prove beneficial to American automakers, by forcing them to adjust to the new market condition that has contributed to the ascendancy of foreign automakers--the desire …