Energy and Law – serie

In this book Hannah Kruimer analyses the application of the legal principle of non-discrimination in the context of energy network operation. Since the early 1990s the duty not to discriminate has applied to energy network operators, in order to achieve a liberalised European energy market, in which European consumers have a free and real choice of energy supplier. This book provides guidance to those working in the context of the non-discrimination obligation, such as energy network operators, regulatory authorities, national courts and other energy market players, as well as those studying the rules for (academic) research purposes. The book's conclusions serve as a tool for critical consideration and offer suggestions for improvements to the legal framework and its application on a European as well as a national level. It is thus of practical as well as academic relevance.Several questions are answered in this book, including why energy network operators have a non-discrimination obligation in the context of energy market liberalisation, how European law has tried to remove and control the discrimination problem since the early 1990s and when different treatment of energy network users amounts to 'forbidden' discrimination? The book's conclusions are underpinned by comparisons with competition law, public procurement law and telecommunications law, as well as a case-study on how energy network operators and regulators in several Member States currently interpret and apply the non-discrimination obligation.

Cross-border pipelines provide a relatively safe but economic tool for transportation of large quantities of oil and gas across international borders. Nowadays the international oil and gas pipeline network is expanding millions of kilometers worldwide. Meanwhile, just like any other industrial activities, pipelines cannot be kept completely safe from accidents. In the case of crossborder pipelines, unless appropriate measures have been taken by the parties involved for the prevention of such accident, the risks of such accidents are greater since control and monitoring are shared and it is more difficult to attribute blame for any transboundary damage.This book addresses the impact and application of various policy instruments and regulation at the international level, which may be considered as an appropriate instrument to guarantee the safety of cross-border oil and gas pipelines. Furthermore, this book addresses the issue of international responsibility for significant damage which may be caused by the cross-border pipelines, with an emphasis on the roles of states. The author provides answers to questions such as: What are the potential harms associated with cross-border oil and gas pipelines? What is the international legal regime applicable to cross-border pipelines? What are measures used to prevent and reduce damage which may be caused by crossborder pipelines? Is the current international legal regime applicable to crossborder and cross-country pipelines designed in such a way that it enables an effective prevention of trans-boundary damage? Under which conditions can states be held responsible for trans-boundary damage caused by pipelines?An economic analysis of safety and environmental regulation in relation to cross-border oil and gas pipelines in providing actors with adequate incentive to internalize pollution cost complements the book. Moreover, a detailed study of provisions of international and regional instruments in prevention of transboundary damage and compensation of such damage caused by crossborder pipelines will be provided. As a result this book contains the latest update of international and regional instruments with respect to prevention and compensation of transboundary damage caused by pipelines.

In 2009, the EU adopted one of the first dedicated regulatory frameworks for the deployment of carbon capture and storage (CCS) technology worldwide. This book analyses the EU regulatory framework for CCS and examines its suitability for facilitating the deployment of CCS in the longer term. Departing from the growing necessity for CCS projects to go beyond EU Member States' borders, the book identifies a number of potential legal hindrances to the cross-border deployment of CCS in the EU. It examines the interaction of these legal hindrances with EU environmental, competition and free movement rules and answers the question to what extent they could indeed hamper the cross-border deployment of CCS. In doing so, the book addresses a wide variety of topics, ranging from third-party access to CCS infrastructure to the required composition of the CO2 stream for storage. This book is one of the first contributions to examine the EU regulatory framework for CCS in the light of the growing importance of cross-border CCS deployment in the EU.It sketches the legal framework within which market players, EU Member States and the European Commission will have to operate and provides concrete lessons and recommendations for all three parties.

To date, petroleum law and policy in Europe has focused offshore. Over the last fifty years it has been driven by the development and regulation of vast oil and gas resources in the North Sea. However, a new source of petroleum is now emerging in Europe - that of the unconventional resource of shale gas. Since 2011, the UK has been striving to undertake the development of shale gas through the granting of a consent to drill.Concentrating solely on shale gas, this book is structured around five themes, namely an overview and introduction to shale gas activities, shale gas economics and energy security, access to shale gas resources, shale gas law and regulation, and the future of shale gas. It examines the fundamental principles and provides the reader with a practical, applicable analysis of shale gas exploration and extraction. Looking at the legal, scientific and economic issues relating to shale gas extraction from the perspective of developed (United States and Canada), developing (Australia) and emerging jurisdictions (United Kingdom), this book provides unique perspectives that the reader can apply to their own jurisdiction.

Most North Sea states consider offshore wind energy as a substantial contributor for reaching their renewable energy targets. To date, the standard approach for transporting the electricity to shore is to connect each wind farm with an individual park-to-shore cable. However, due to the increasing distance from shore, the scarceness of acceptable cable routes and the potential conflicts with other users of the sea, new concepts are required. To harness offshore wind energy in a more efficient manner, the North Sea states thus consider to develop a transnational offshore grid. This book examines the legal frameworks applying to offshore grid development under international law, European Union law and national law. It reveals that these legal frameworks have not been developed to facilitate such complex (cross-border) infrastructure. It further identifies the main legal and regulatory barriers that a transnational offshore grid would face. Subsequently, the book gives recommendations on how to address these barriers and how to enable the offshore grid.This is the first academic contribution that examines the legal framework applying to the offshore grid and that establishes concrete legal solutions. Although the focus is on the North Sea, the book is also relevant for developing complex infrastructure in general.