Oil, Gas, and Mineral Law Commons^™

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch

Sustainable Development Law & Policy

No abstract provided.

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

International Commodity Agreements, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.

International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven

Columbia Center on Sustainable Investment Staff Publications

Mitigating and adapting to climate change will require a fundamental reorientation of our global economy as we move away from fossil fuels and transition to a low carbon and climate-resilient world. This reorientation depends on government actions to help catalyze and channel financial flows in new directions and away from business-as-usual practices.

International investment agreements (IIAs) – treaties that now number over 3,000 and have the objective of promoting and protecting cross-border investment flows_could potentially play a key role in these efforts to scale up and (re)direct investments to meet climate change mitigation and adaptation needs. As presently drafted and …

Conference Report: Climate Change And Sustainable Investment In Natural Resources: From Consensus To Action, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, Sabin Center For Climate Change Law

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment has produced this conference report on CCSI’s Conference on Climate Change and Sustainable Investment in Natural Resources: From Consensus to Action. A shorter outcome document, which was disseminated at COP22, is also available. These documents summarize the discussions at the eleventh annual Columbia International Investment Conference, which took place on November 2-3, 2016, at Columbia University. The Conference offered a high-level opportunity to discuss how countries can reduce their greenhouse gas emissions in accordance with the Paris Agreement, while also advancing the Sustainable Development Goals, and in particular the important implications for the …

Transcanada Lawsuit Highlights Need To Scuttle Tpp, Jeffrey D. Sachs, Brooke Güven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

The Obama administration is still trying, against the odds, to push the Trans-Pacific Partnership trade and investment agreement (TPP) through the lame-duck session of Congress after the November presidential vote. The administration knows that TPP can’t pass before the election because both Hillary Clinton and Donald Trump oppose it; therefore, they are hoping for a stealth Senate vote between the election and inauguration of the new president in 2017.We can therefore “thank” TransCanada for reminding us why the TPP needs to be scuttled.

Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. Mcdonald

Penn State Journal of Law & International Affairs (2012 - Present)

Food security remains an urgent problem affecting the national security and interests of states, as well as the human security of people and communities around the world. This article examines the changing landscape of food security threats and vulnerabilities by examining three sets of concerns that are converging to amplify, disrupt, and transform food relations: nutrition, food safety, and global environmental change. Ensuring food security will require utilization of a range of capabilities from the state, private, and non-state sectors to confront world food problems and build a sustainable and resilient world food network.

Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan

Penn State Journal of Law & International Affairs (2012 - Present)

Recent global food price volatility combined with the growing use of agricultural land to produce biofuels has sparked a global scramble for land, with Sub-Saharan African countries serving as the main targets for investors. Derided as “land-grabbing” by those opposed to the practice, the phenomenon of large-scale acquisition of farmland by governments and private investors sparked a global debate since the global food crisis of 2008. Although international investment in agriculture plays a vital role in development and poverty reduction, large scale international investment poses some serious risks to both communities and international investors. Because there are no signs of …

Foreword, Scott P. Stedjan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Geopolitics Of Resource Scarcity, Kent Hughes Butts

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare

Penn State Journal of Law & International Affairs (2012 - Present)

Energy security and geopolitics have played a pivotal role in international affairs for a very long time, ever since the development of oil-powered vehicles and weapons of war. Until recently, the geopolitics of energy have largely been governed by perceptions of scarcity—the assumption that oil and other energy reserves were relatively limited, and that competition over their exploitation would lead to recurring crisis and conflict. However, the recent utilization of advanced extractive technologies—including deep-sea drilling and hydraulic fracturing—have resulted in unexpected production gains and fostered a sense that abundance, rather than scarcity, will govern the future energy picture. …

Conceptualizing Climate Justice In Kivalina, Marissa Knodel

Seattle University Law Review

Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …

Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman

Seattle University Law Review

Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …

Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet

Seattle University Law Review

The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …

Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes

Seattle University Law Review

This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …

Retail Investments In Precious And Industrial Metals: Mining For Proper Regulation Aimed Toward Investor Strategy, Tanya Lambrechts

Florida State University Law Review

No abstract provided.

A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

This Article proposes that a national mineral policy ("NMP") can be crafted to generate foreign direct investment ("FDI") and strengthen sustainable development goals. Less-developed countries ("LDCs") typically overlook or underestimate this federal policy imperative while seeking to harness mineral resources.' Creation of a NMP and complementary changes to federal mining investment laws can provide host countries increased opportunities as well as autonomy to profit from their own natural resources and, at the same time, investor nations can benefit from a NMP because of further mining prospects.

This Article goes on to discuss how the formulation and implementation of a NMP …

Mobil V. Canada – Ratcheting Down The Scope Of Treaty Reservations, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

As part of States’ efforts to strike a balance in their international investment agreements (IIAs) between the obligations they assume and the rights and policy space they wish to retain, some adjoin annexes to their treaties to protect their ability to take “Non-Conforming Measures” (NCMs). States have generally: used such annexes to make exceptions to non-discrimination obligations, market access restrictions and performance requirements; have included the ability to grandfather in NCMs existing at the time an IIA enters into force; and have provided for the ability to maintain, amend, and enact new NCMs in specifically identified sectors, sub-sectors, activities, or …

Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The Transparency Amendment, included in the Dodd‐Frank Wall Street Reform and Consumer Protection Act, can be an important tool in curtailing the resource curse that so heavily burdens resource‐rich developing countries by shedding light on opaque payments between the extractive sector and host countries. From the get‐go, however, extractive industry companies have fiercely opposed the new mandatory disclosure requirements as set out in this regulation. The corporate opposition is for the largest part motivated by the fear of a competitive disadvantage that derives from the fact that the amendment is housed with the Securities and Exchange Commission (SEC) and thus …

Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared, Gabriela Engler Pinto

West Virginia Law Review

No abstract provided.

Shale Revolution Or Evolution: Opportunities And Challenges For Europe, Owen L. Anderson

Global Business Law Review

Will European shale gas be developed as rapidly as it has in the United States? If one considers that shale gas took about 30 years to develop from an experimental demonstration into a fast developing commercial enterprise, it should not take that long in Europe. Indeed, the United Kingdom, after lifting its moratorium on hydraulic fracturing, appears to be moving quite rapidly. Poland is actively promoting shale gas but so far without economic production. On the other hand, if one considers how rapidly shale gas has expanded in the United States since 2003 and how rapidly investment in shale gas …

Some Legal Impacts Of The Emerging International Climate Change Regime On Energy Prices, James E. Hickey Jr.

Global Business Law Review

From the beginning of scientific assessment of climate change in the late 1970’s to the most recent conference of the parties (COP) to the Kyoto Protocol in Doha in 2012 , the international community has been attempting to establish a workable legal regime to deal with climate change. The purpose of this article is to explore some of the legal effects this emerging international climate change regime may have on energy prices in the foreseeable future. Specifically, this article in section II article accepts certain predicates relating to climate change and energy prices. In section III, it lays out briefly …

The Impact Of Shale Development On International And Domestic Oil And Gas Contracts, Andrew R. Thomas

Global Business Law Review

In new oil and gas provinces, such as Ohio, Pennsylvania or Ukraine, learning oil and gas customs can be a hard lesson for those trying to break into the industry as service providers. They need to get up to speed quickly on customs, form agreements, and applicable laws. But unconventional oil and gas recovery will also lead eventually to unconventional agreements. In this regard, the nascent upstream service industry in new shale provinces are not so far behind - there is reason to be to be optimistic that oil and gas companies will be rethinking how they transact business as …

Is There Blood On Your Hands-Free Device?: Examining Legislative Approaches To The Conflict Minerals Problem In The Democratic Republic Of Congo, Emily Veale

Cardozo Journal of International and Comparative Law

The article argues that Section 1502 of the Dodd-Frank Act, which mandates SEC disclosures for conflict minerals, is insufficient to address the violence and governance issues in the Democratic Republic of the Congo (DRC). It advocates for comprehensive legislation that ties U.S. foreign assistance to specific reforms in the DRC, such as military and governance improvements, to effectively combat the conflict minerals crisis. The SEC’s role in promoting social and foreign policy goals is critiqued, and the article proposes a tiered incentive system to encourage meaningful change in the DRC’s mining sector.

Addressing Climate Change Mitigation And Adaptation Through Insurance For Overseas Investments: The Example Of The U.S. Overseas Private Investment Corporation, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2008, the United Nations Framework Convention on Climate Change (UNFCCC) estimated that investments of between US$540–570 billion in physical assets and other financial flows will be needed to adequately reduce global greenhouse gas (GHG) emissions to combat climate change; additionally, tens and possibly hundreds of billions of dollars may be necessary to enable countries to adapt to the phenomenon’s challenges. Through climate negotiations under the UNFCCC in Copenhagen and Cancun, developed country governments committed to provide developing countries roughly US$30 billion between 2010 and 2012 and to mobilize approximately US$100 billion per year by 2020 for climate change activities. …

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …

Introductory Remarks: International Energy Governance, Lakshman Guruswamy

Publications

No abstract provided.