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Vertical Natural Gas Transportation Capacity, Upstream Commodity Contracts, and EU Competition Law

2011-01-01 Law
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Release : 2011-01-01
Genre : Law
Kind : eBook
Book Rating : 077/5 ( reviews)

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Book Synopsis Vertical Natural Gas Transportation Capacity, Upstream Commodity Contracts, and EU Competition Law by : Kim Talus

Download or read book Vertical Natural Gas Transportation Capacity, Upstream Commodity Contracts, and EU Competition Law written by Kim Talus. This book was released on 2011-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Because the EU depends on a very small number of external suppliers for its natural gas, energy security issues inevitably arise. In theory, competition law should regulate and adjudicate such issues. Yet, because contracts between EU companies and producers are highly sensitive and politically charged, the application of EU competition law to natural gas contracts is far from clear. This important book, drawing on ECJ case law, Commission administrative cases and inquiries, and the full range of relevant legal and economic theory, provides an extremely valuable and detailed study of how EU competition law can be applied to long-term natural gas capacity reservation and commodity contracts. Issues and topics such as the following arise in the course of the analysis: Third Gas Market Directive provisions; Article 102 TFEU cases on strategic under-investment; pre-liberation or "legacy" gas contracts (e.g., with Algeria and Russia); "right of first refusal"; take-or-pay requirement; third-party access; ownership unbundling; effect of elimination of priority access regimes; short-term trading; spot markets; and law and economics of vertical restraints. Focusing on the foreclosing effect of long-term upstream commodity contracts, the author recommends restrictions on the use of capacity reservation contracts, and analyses the efficacy of security of supply as a competition law defence in cases relating to such contracts.

EU Energy Law and Policy

2013-09-05 Law
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Release : 2013-09-05
Genre : Law
Kind : eBook
Book Rating : 868/5 ( reviews)

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Book Synopsis EU Energy Law and Policy by : Kim Talus

Download or read book EU Energy Law and Policy written by Kim Talus. This book was released on 2013-09-05. Available in PDF, EPUB and Kindle. Book excerpt: A critical overview of European Union energy law and policy, this book takes a law-in-context approach as it examines the development of EU energy law from the 1950s to the present day. It discusses the development of EU energy law; the application of general EU law into energy; the regulation of EU energy markets; international aspects of EU energy law; and policy, sustainability, and energy regulation. Presenting an up-to-date overview of EU energy law and policy and a critical analysis of its sub-areas, the book extends the discussion from electricity and natural gas markets to other areas of energy, including oil. This holistic approach to the subject is then placed within the broader context of the international geopolitical sphere which EU energy law and policy operates, as the author considers the impact of regional and international energy policies and markets on the EU markets and the overall EU policy. He also draws on the wider context and takes into account non-legal factors such as the impact of unconventionals, the rise of the BRICS, and the 'Arab spring'. The book frames EU energy law as a topic that can provoke intellectual, political, and professional discussion about the slowly moving train of economic regulation under the typical pressures and contradictions of countries and the European Union in the global economy.

Introduction to EU Energy Law

2016-09-16 Law
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Release : 2016-09-16
Genre : Law
Kind : eBook
Book Rating : 616/5 ( reviews)

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Book Synopsis Introduction to EU Energy Law by : Kim Talus

Download or read book Introduction to EU Energy Law written by Kim Talus. This book was released on 2016-09-16. Available in PDF, EPUB and Kindle. Book excerpt: Offering an introduction to students on the most essential elements of EU energy law and policy, this volume will be the go-to text for those seeking knowledge of EU energy regulation and its objectives, as well as an overview of energy law. Specific topics will cover the content of sector-specific energy regulation, the application and impact of general EU law on energy markets, third party access, unbundling, investment in cross-border networks, energy trading and market supervision, the application of general EU competition law on energy markets, the impact of free movement provisions, and the application of state aid rules. A structured, step by step guide through the fundamental areas of EU energy law.

Freedom of Transit and Access to Gas Pipeline Networks under WTO Law

2017-04-27 Law
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Release : 2017-04-27
Genre : Law
Kind : eBook
Book Rating : 094/5 ( reviews)

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Book Synopsis Freedom of Transit and Access to Gas Pipeline Networks under WTO Law by : Vitaliy Pogoretskyy

Download or read book Freedom of Transit and Access to Gas Pipeline Networks under WTO Law written by Vitaliy Pogoretskyy. This book was released on 2017-04-27. Available in PDF, EPUB and Kindle. Book excerpt: Gas transit is network-dependent and it cannot be established without the existence of pipeline infrastructure in the territory of a transit state or the ability to access this infrastructure. Nevertheless, at an inter-regional level, there are no sufficient pipeline networks allowing gas to travel freely from a supplier to the most lucrative markets. The existing networks are often operated by either private or state-controlled vertically integrated monopolies who are often reluctant to release unused pipeline capacity to their potential competitors. These obstacles to gas transit can diminish the gains from trade for states endowed with natural gas resources, including developing landlocked countries, as well as undermine WTO Members' energy security and their attempts at sustainable development. This book explains how the WTO could play a more prominent role in the international regulation of gas transit and promote the development of an international gas market.

Reconciling Energy, the Environment and Sustainable Development

2019-08-13 Law
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Release : 2019-08-13
Genre : Law
Kind : eBook
Book Rating : 655/5 ( reviews)

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Book Synopsis Reconciling Energy, the Environment and Sustainable Development by : Maria João C. Pereira Rolim

Download or read book Reconciling Energy, the Environment and Sustainable Development written by Maria João C. Pereira Rolim. This book was released on 2019-08-13. Available in PDF, EPUB and Kindle. Book excerpt: Challenged by sustainability imperatives, the world faces a transition in how it uses and produces energy. Yet, despite the indisputable interdependence between energy and the environment, law in these two areas has developed separately, with little consideration for how the logic and aims of each might be reconciled. This innovative book addresses this crucial nexus, exploring the role that law must inevitably play as the effects of fossil fuel–induced climate change continue to radically affect every aspect of life on Earth. Focusing on the emerging concept of reflexive regulation, the analysis takes giant steps in paving the way for effective legal engagement in the energy transition process. Issues and topics explored in detail include the following: energy’s distinctive characteristic as an economic activity that works in a chain; relation of physical aspects of energy to its legal and social dimensions; main aspects of regulation, environmental law and the concept of sustainability; specific security of supply challenges faced by the industry; and emergence and worldwide adoption of the environmental impact assessment as a procedural mechanism and its connection with Reflexive Regulation. The author supports her arguments with detailed and critical examination of the regulation theoretical framework and includes citations of case law, rules and regulations from diverse jurisdictions. A case study on the development of the Brazilian electricity sector – an exemplary case, considering the country’s abundance of natural energy resources, industrial efficiency prerogatives, regulatory incentives to ensure investment in supply expansion, and increasing demands in meeting sustainability objectives, all as highlighted by ongoing litigation – illustrates the arguments put forward. This book makes a substantial contribution to developing a framework aimed at linking potential divergent policy objectives in diverse and distinct interdependent fields. It will be welcomed by energy and environmental lawyers and policy makers, as well as by economists, scholars and other professionals concerned with the meaning of law and regulation in relation to energy, the environment and development, and the possible roles law and regulation may play in a pressing scenario of change.

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