Environmental Regulation of Oil and Gas

Name: Environmental Regulation of Oil and Gas
Brand: Kluwer Law International
Price: 471.99 EUR
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Zhiguo Gao(Autor*in)

Kluwer Law International (Verlag)

Erschienen am 1. September 1998

652 Seiten

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Inhalt

Cover
Half Title Page
Title Page
Copyright Page
Table of Contents
Editor's Preface
List of Tables and Figures
List of Abbreviations
List of Contributors
Acknowledgments
Part I Introduction
Chapter 1 Environmental Regulation of Oil and Gas in the Twentieth Century and Beyond: An Introduction and Overview
I. INTRODUCTION
II. PETROLEUM EXPLORATION AND THE ENVIRONMENT
III. PETROLEUM ENVIRONMENT AL REGULATION IN RETROSPECT
1. Early international legal instruments
2. Environmental Provisions of Domestic Laws
IV. PETROLEUM ENVIRONMENTAL REGULATION UNDER INTERNATIONAL LAW
1. Key international treaties
2. Major regional agreements
3. The 'soft law' family
4. Some findings and observations
V. PETROLEUM ENVIRONMENTAL REGULATION UNDER NATIONAL LAW
1. Statutory approach
2. The contractual approach
3. Integrated legislative approach
4. Some issues and practical considerations
VI. PETROLEUM ENVIRONMENT AL REGULATORY AND MANAGEMENT TOOLS
1. EIA
2. Environmental management plan/programme
3. Environmental report
4. Environmental insurance programmes
5. Decommissioning and abandonment fund/plan
6. Environmental monitoring and audit
VII. EFFECTS OF PETROLEUM ENVIRONMENT AL REGULATION
1. Change in investment conditions
2. Changes in corporate structure and management
3. Changes in capital and operating costs
4. Limitation on access to exploration acreage
5. Delays or even rejection in project/contract approval
6. Suspension of operations or cancellation of licence
7. Fines and liability.
8. Effect on product and pricing (mainly down stream)
9. Environmental charges and taxes
10. Environmental litigations and liabilities
VIII. NEW APPROACHES AND THEMES IN PETROLEUM ENVIRONMENTAL MANAGEMENT
1. Economic Regulatory Approaches
2. New Themes in Petroleum Environmental Regulation
IX. SUMMARY AND CONCLUSION
Part II International Regulation
Chapter 2 The Oil and Gas Industry in the Tangled Web of Environmental Regulation: Spider or Fly?
I. INTRODUCTION
II. INTERNATIONAL ENVIRONMENTAL LAW AND THE OIL AND GAS INDUSTRY
1. Evolution, basic features and emerging trends
2. Emergence of international law affecting the oil and gas industry
3. The global environment, international law and the oil and gas industry
4. Key international law concepts of primary importance to the oil and gas industry
III. REGIONAL ENVIRONMENTAL LAW (REL) AND THE OIL AND GAS INDUSTRY
1. Onshore operations and installations of the oil and gas industry
2. Offshore operations and installations of the oil and gas industry
3. The North Sea regime
4. Abandonment and decommissioning
5. The institutional framework of REL in the EU
IV. NATIONAL ENVIRONMENTAL LAW (NEL) AND THE OIL AND GAS INDUSTRY
V. CURRENT AND FUTURE TRENDS IN IL, REL, NEL AND THE OIL AND GAS INDUSTRY
Chapter 3 International Legal Regime for the Protection of the Marine Environment Against Operational Pollution from Offshore Petroleum Activities
I. INTRODUCTION
1. Background
2. Types of operational discharges
II. GLOBAL REGULATORY INSTRUMENTS
1. The 1982 United Nations Convention on the Law of the Sea
2. The 1973/78 MARPOL Convention
3. Other global instruments
4. "Soft law" provisions
III. REGIONAL INSTRUMENTS
1. The Baltic Sea
2. The Northeast Atlantic
3. The Persian/Arabian Gulf
4. The Mediterranean Sea
IV. CONCLUDING OBSERVATIONS
1. Global regulations
2. Regional approaches
3. Recent trends
Chapter 4 International Law on Offshore Abandonment: Recent Developments, Current Issues and Future Directions
I. INTRODUCTION
II. WORLD OFFSHORE DEVELOPMENT AND INSTALLATIONS
III. INTERNATIONAL LEGAL FRAMEWORK ON OFFSHORE ABANDONMENT
1. Relevant international conventions
2. Relevant regional conventions
3. The 'soft law' principles
IV. LEGAL ISSUES AND CURRENT DEBATES
1. Opposing treaty interpretations
2. Existing treaty rendered obsolete
3. Fundamental change of circumstances
4. The issue of desuetude
S. Supremacy of the LOS Convention
6. Domestic legislation and state practice
V. LEGISLATION AND PRACTICE IN THE UK
1. Position on international law
2. Domestic legislation in the UK
3. Abandonment practice
4. Problems faced by the UK
VI. MAJOR FINDINGS AND PRACTICAL CONSIDERATIONS
1. Findings on international abandonment law and practice
2. Some practical recommendations
VII. CONCLUDING REMARKS
Part III Regional Regulation
Chapter 5 European Union Environmental Law and Policy in Relation to Oil and Gas
I. INTRODUCTION
II. DEVELOPMENT OF EC ENVIRONMENTAL POLICY
1. The Treaty of Rome 1957
2. Single European Act
3. The Treaty of European Union 1993
III. PLANNING EC ENVIRONMENTAL POLICY
IV. EUROPEAN COMMUNITY INSTITUTIONS
1. The Commission
2. European Parliament
3. The Council of Ministers
4. European Court of Justice
5. Committees
V. IMPLEMENTATION OF ENVIRONMENTAL POLICY
1. Legal instruments
2. Legal basis for legislation
VI. THE APPLICATION OF EC LAW IN MEMBER STATES
1. Interpretation of EC law
2. The direct effect doctrine
3. Compensation for non-implementation
VII. INFRINGEMENT PROCEEDINGS AND COMPLAINTS PROCEDURE
1. The Commission
2. Action by individuals
VIII. EC ENVIRONMENTAL POLICY AFFECTING THE OIL AND GAS INDUSTRIES
1. Environmental impact assessment
2. Hydrocarbon Licensing Directive
3. Controls over air pollution
4. Water pollution
5. Pollution by waste
IX. DECOMMISSIONING AND ABANDONMENT OF OFFSHORE INSTALLATIONS
X. SOME OTHER DEVELOPING EC LEGAL CONCEPTS
1. Civil liability for damage to the environment
2. Freedom of access to environmental information and third party rights
XI. CONCLUSION
Chapter 6 The European Energy Charter and Treaty and the Environment
I. NEGOTIATION OF THE ENERGY CHARTER AND TREATY
II. POLITICAL AIMS OF THE CHARTER
III. THE EUROPEAN ENERGY CHARTER TREATY
IV. PROTECTION OF THE ENVIRONMENT UNDER THE TREATY
V. TASKS IMPOSED UPON THE CONTRACTING PARTIES TOWARDS THE PROTECTION OF THE ENVIRONMENT
IV. DISPUTE SETTLEMENT PROCEDURES
VII. THE ENERGY EFFICIENCY PROTOCOL
VIII. CONCLUSION
Chapter 7 Regional Perspectives on Trade and Environment: The European Union
I. INTRODUCTION
II. EU ENVIRONMENTAL POLICY AND LEGAL FRAMEWORK
1. Phases of policy development
2. Principles and basis of environmental legislation in the EU
3. "Trade" and "environment": the external and the internal perspective
III. ENVIRONMENTAL PROTECTION AND FREE TRADE: CONFLICT OR COMPATIBILITY?
1. "Free trade" and "environmental protection" in the absence of EU rules
2. More stringent national environmental measures in spite of EU legislation
3. Striking balances between "free trade" and "environmental protection": procedures and regulatory approaches
IV. CONCLUSIONS
Part IV National Regulation
Chapter 8 Environmental Regulation of the Oil and Gas Industry in the U.S.A.
I. INTRODUCTION
II. MODELS OF US ENVIRONMENTAL REGULATION
1. Environmental impact assessment model
2. The "best technology" model
3. The risk assessment model
4. The strict liability model
III. THE OIL POLLUTION ACT OF 1990
1. The scope of liability
2. Certification of financial responsibility
3. Double-hull tanker requirements
IV. THE OIL POLLUTION ACT FIVE YEARS AFTER ENACTMENT
V. CONCLUSION
Chapter 9 The Oil Industry and the Extraterritorial Application of US Environmental Law
I. THE DISPARITY BETWEEN A GLOBAL ENVIRONMENT AND DOMESTIC ENVIRONMENTAL REGIMES
II. THE EXTRATERRITORIAL APPLICATION OF US ENVIRONMENTAL STATUTES
1. Statutory intent
2. Domestic effects: the question of jurisdiction
3. Conflict with another state's domestic law or policy
4. Other barriers to extraterritoriality
III. CONCLUSIONS
Chapter 10 Environmental Issues in International Oil and Gas Exploration and Production
I. CURRENT ENVIRONMENTAL ISSUES
II. ARE US ENVIRONMENTAL LAWS AND STANDARDS ADAPTABLE TO THE INTERNATIONAL COMMUNITY AND DEVELOPING NATIONS
III. SOME OBSERVATIONS
Chapter 11 Directions in European and the United Kingdom Environmental Policy and Legislation
I. DIRECTIONS IN EC ENVIRONMENTAL PROTECTION
1. European Community Fifth Action Programme in relation to the environment and sustainable development
2. Commission progress report
3. Summary remarks
II. PRINCIPLES OF EC ENVIRONMENTAL PROTECTION
1. Principles of Environmental policy
2. The integrated approach
III. DIRECTIONS IN THE UK ENVIRONMENTAL POLICY AND LEGISLATION
1. The 1997 report This Common Inheritance
IV. COMMON LAW DEVELOPMENTS IN THE UK
Part V Corporate Environmental Management
Chapter 12 Approaches to Minimizing the Environmental and Social Impacts of Oil Development in the Tropics
I. INTRODUCTION
II. THE NEW FRONTIER
1. Liberalization and privatization
2. Economic and legal incentives
3. Need for foreign capital
4. Exploration and reserves
III. ENVIRONMENTAL IMPACTS AND BEST PRACTICES
1. Environmental roles and responsibilities
2. Environmental impact assessments
3. Environmental monitoring and evaluation
4. Environmental impacts of seismic exploration
5. Environmental impacts of land clearing
6. Environmental impacts of roads
7. Environmental impacts of drilling and production
IV. SOCIAL IMPACTS AND BEST PRACTICES
1. Social roles and responsibilities
2. Social impact assessments and management plans
3. Social monitoring and evaluation
4. Best practices: stakeholder participation
5. Social impacts of access and colonization
6. Social impacts of contact
7. Health impacts
8. Social impacts of dependence on outside aid
V. LEGAL AND FINANCIAL MECHANISMS TO PROMOTE BEST PRACTICES
1. Legislation
2. Petroleum codes
3. Voluntary guidelines
4. Environmental and social impact assessments
5. Enforcement of petroleum codes, EIAs and SIAs
6. Funding mechanisms for conservation
7. Recommendations
8. Enforcement
9. Contracts
VI. CONCLUSION
Chapter 13 Quality Standards for Corporate Environmental Management
I. THE GROWTH OF CORPORATE ENVIRONMENTAL MANAGEMENT
1. Phase 1: end of pipe control (1970s and early 1980s)
2. Phase 2: prevention (late 1980s and early 1990s)
3. Phase 3: integration, eco-efficiency and sustainability (mid-1990s ongoing)
II. THE DEVELOPMENT OF ENVIRONMENTAL MANAGEMENT STANDARDS
1. The roots of EMS standards
2. Eco-Management and Audit Scheme
3. ISO 14001
III. KEY ISSUES RELATING TO EMS CERTIFICATION
1. EMAS
2. ISO 14001
IV. PREPARING FOR THE FUTURE: WHAT ARE THE KEY ISSUES?
Chapter 14 Managing Environmental Legal Risks in Oil and Gas Exploration and Production Activities
I. INTRODUCTION
II. MAJOR SOURCES OF ENVIRONMENTAL LAW RELEVANT TO OIL AND GAS EXPLORATION AND PRODUCTION OPERATIONS
1. General issues
2. Key treaties and conventions
3. Major international agreements
4. National laws
5. Multilateral development and other funding institutions
6. International governmental organizations
7. Standards organizations
8. Industry standards and guidelines
III. ENVIRONMENTAL ISSUES COMPANIES SHOULD ANTICIPATE
1. General issues
2. Some key issues and trends to watch
IV. COMPANY LEGAL ACTIVITIES MOST LIKELY TO BE AFFECTED
1. Primary areas of legal focus
2. Other business areas
V. WHAT COMPANIES CAN DO TO MANAGE ENVIRONMENTAL LEGAL RISKS
1. General issues
2. Recommended activities
IV. CONCLUSION
Part VI Contractual, Downstream and Sustainability Issues
Chapter 15 Environmental Concepts and Terms in Petroleum Legislation and Contracts: A Pre1iminary Study
I. INTRODUCTION
II. CONCEPTUAL PROBLEM OF TERMINOLOGY
1. Genesis of environmental concepts and terms
2. Definitions and content
III. EFFICACY AND RATIONALE FOR CONTINUED RETENTION OF ENVIRONMENTAL CONCEPTS AND TERMS
1. Advantages
2. Disadvantages
3. Rationale for continued retention
IV. SUPPORTIVE AND COMPLEMENTARY SUGGESTIONS
1. Best practicable environmental option (BPEO)
2. Sustainable petroleum development practice (SPDP)
V. CONCLUSION
Chapter 16 Downstream Energy: Resuming a Leadership Role
I. INTRODUCTION
II. ORIGINS OF ENERGY INDUSTRIES
III. FORTHCOMING CHALLENGES
IV. RECENT ACHIEVEMENTS
V. REESTABLISHING INDUSTRY LEADERSHIP
Chapter 17 Sustainable Development of Petroleum Resources: The Rumpus and Resolution
I. INTRODUCTION
II. THE PURPOSE OF SUSTAINABLE DEVELOPMENT
III. SUSTAINABLE DEVELOPMENT OF PETROLEUM RESOURCES: ITS IMPLICATIONS
IV. THE ANTAGONIST' S PERCEPTION
V. THE PROTAGONIST' S PERCEPTION
VI. RESOLVING THE CONFLICT
VII. PATHWAY TO SUSTAINABLE DEVELOPMENT OF PETROLEUM RESOURCES
VIII. CONCLUSION
Appendices
Appendix 1 International Treaties and Documents in Relation to the Oil and Gas Industry
Appendix 2 IMO Guidelines and Standards for the Removal of Offshore Installations and Structures on the Continental Shelf and in the Exc1usive Economic Zone
Appendix 3 Protocol for the Protection of the Mediterranean Sea against Pollution Resulting from Exploration and Exploitation of the Continental Shelf and the Seabed and its Subsoil
Appendix 4 Protocol Concerning Marine Pollution Resulting From Exploration and Exploration of The Continental Shelf
Appendix 5 World Bank Guidelines for Environmental Assessment of Oil and Gas Development Projects
Appendix 6 Shell's Environmental Policy and Guidelines
Appendix 7 Pertamina's Policy for Environment and Safety
Appendix 8 Environmental Checklist for Petroleum Exploration and Production Activities Petroleum Environmental Glossary
Appendix 9 Petroleum Environmental Glossary
Selected Bibliography
Index
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