Catherine Banet – författare

The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. ''Resilience'' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law.With a mix of thematic chapters and case studies from multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for more sustainable outcomes, based on its engagement with this concept of ''resilience'' and social-ecological thinking.

The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. ''Resilience'' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law.With a mix of thematic chapters and case studies from multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for more sustainable outcomes, based on its engagement with this concept of ''resilience'' and social-ecological thinking.

The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. 'Resilience' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law.With a mix of thematic chapters and case studies from multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for more sustainable outcomes, based on its engagement with this concept of 'resilience' and social-ecological thinking.

Undertaken in Dubai in 2023, the 'First Global Stocktake' under the Paris Agreement called for a tripling of installed global renewable energy capacity. Achieving this goal will require significant financial, technical, and legal effort, and a key task in meeting it will be to 'derisk' global renewable energy projects by making the rules governing these projects more transparent, predictable, and uniform. The Transnational Law of Renewable Energy aids this task by providing a unified and comprehensive analysis of the transnational law that currently governs renewable energy projects, and providing a transnational legal approach.Drawing on regulatory frameworks and practice in public international law, comparative law, and transnational case law, the book establishes the first transnational lex regenerative, or transnational law of renewable energy. The volume covers a range of regulatory topics relating to transnational renewable energy projects, including the regulation of their entry into the market and financial support mechanisms. It also covers commercial topics from construction to joint operation to financing, as well as further addressing the role of renewable energy in advancing global sustainable development.Comprehensive and original, The Transnational Law of Renewable Energy provides key takeaways from its study in callout boxes that clearly summarize the conclusions of each section. It will appeal to practitioners and government officials, as well as students and academics doing research regarding global renewable energy projects.

Undertaken in Dubai in 2023, the ''First Global Stocktake'' under the Paris Agreement called for a tripling of installed global renewable energy capacity. Achieving this goal will require significant financial, technical, and legal effort, and a key task in meeting it will be to ''derisk'' global renewable energy projects by making the rules governing these projects more transparent, predictable, and uniform. The Transnational Law of Renewable Energy aids this task by providing a unified and comprehensive analysis of the transnational law that currently governs renewable energy projects, and providing a transnational legal approach.Drawing on regulatory frameworks and practice in public international law, comparative law, and transnational case law, the book establishes the first transnational lex regenerative, or transnational law of renewable energy. The volume covers a range of regulatory topics relating to transnational renewable energy projects, including the regulation of their entry into the market and financial support mechanisms. It also covers commercial topics from construction to joint operation to financing, as well as further addressing the role of renewable energy in advancing global sustainable development.Comprehensive and original, The Transnational Law of Renewable Energy provides key takeaways from its study in callout boxes that clearly summarize the conclusions of each section. It will appeal to practitioners and government officials, as well as students and academics doing research regarding global renewable energy projects.

Undertaken in Dubai in 2023, the ''First Global Stocktake'' under the Paris Agreement called for a tripling of installed global renewable energy capacity. Achieving this goal will require significant financial, technical, and legal effort, and a key task in meeting it will be to ''derisk'' global renewable energy projects by making the rules governing these projects more transparent, predictable, and uniform. The Transnational Law of Renewable Energy aids this task by providing a unified and comprehensive analysis of the transnational law that currently governs renewable energy projects, and providing a transnational legal approach.Drawing on regulatory frameworks and practice in public international law, comparative law, and transnational case law, the book establishes the first transnational lex regenerative, or transnational law of renewable energy. The volume covers a range of regulatory topics relating to transnational renewable energy projects, including the regulation of their entry into the market and financial support mechanisms. It also covers commercial topics from construction to joint operation to financing, as well as further addressing the role of renewable energy in advancing global sustainable development.Comprehensive and original, The Transnational Law of Renewable Energy provides key takeaways from its study in callout boxes that clearly summarize the conclusions of each section. It will appeal to practitioners and government officials, as well as students and academics doing research regarding global renewable energy projects.

The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on "EU Energy and Climate Law Policy and Jurisprudence", "Energy and Climate Treaty Developments", "Energy Infrastructure Developments: Offshore Electricity Systems and Network Investments", "Heat Supply Legislation in the EUv and "Security of Energy Supply and Safety".

The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on "Developments in EU Energy Law", "Renewable Energy: Cross-border Projects and Dispute Settlement", "Capacity Reserve Mechanism", "Prosumers", and "New Developments in the European Gas Market".

The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on ''Newcomers in the Electricity Market: Aggregators and Storage'', ''Hydropower Concessions in the EU: A Need for Liberalisation or Privatisation?'', ''Investments and des-Investments in the Energy Sector'', ''Offshore Decommissioning in the North Sea'', ''CCS as a Climate Tool: North Sea Practice'' and ''From EU Climate Goals to National Climate Laws''

The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds.While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue.The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction.The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception.

To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems:

relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world.

Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed.

As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.