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Protecting Animals Within and Across Borders: Extraterritorial Jurisdiction and the Challenges of Globalization
by Charlotte E. BlattnerExtraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. This book provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully-fledged catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed animals, and the comparative advantages of constitutional, criminal, and administrative animal law. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic and cultural minorities, the book offers critical interdisciplinary perspectives, informed by posthumanist and postcolonialist discourse. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help move us toward a just global interspecies community.
Protecting Animals Within and Across Borders: Extraterritorial Jurisdiction and the Challenges of Globalization
by Charlotte E. BlattnerExtraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. This book provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully-fledged catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed animals, and the comparative advantages of constitutional, criminal, and administrative animal law. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic and cultural minorities, the book offers critical interdisciplinary perspectives, informed by posthumanist and postcolonialist discourse. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help move us toward a just global interspecies community.
Governing the Rainforest: Sustainable Development Politics in the Brazilian Amazon
by Eve Z. BratmanSustainable development is often thought of as a product that can be obtained by following a prescribed course of interventions. Rather than conceptualizing it as a sweet spot of economic, ecological, and social balance, sustainable development is an ongoing process of embroilments requiring constant negotiation of often-competing aims. Sustainable development politics yield highly uneven results among different members of society and different geographic areas. As this book argues, such imbalances mean that sustainable development processes often prioritize economic over environmental goals, perpetuating and reinforcing economic and political inequalities. Governing the Rainforest looks at development and conservation efforts in the Brazilian Amazon, where the government and corporate interests bump up against those of environmentalists and local populations. This book asks why sustainable development continues to be such a powerful and influential idea in the region, and what impact it has had on various political and economic interests and geographic areas. In other words, as Eve Z. Bratman argues, sustainable development is a political practice in itself. This book offers detailed case study analysis, including of the creation of vast conservation corridors, the construction of one of the largest hydroelectric plants in the world, and new forms of land settlement projects. Based on a decade of Bratman's ethnographic fieldwork throughout Brazil, and particularly along the Trans-Amazonian Highway, Governing the Rainforest offers a fresh take on sustainable development within a multi-level analysis of actors, discourses, and practices.
Governing the Rainforest: Sustainable Development Politics in the Brazilian Amazon
by Eve Z. BratmanSustainable development is often thought of as a product that can be obtained by following a prescribed course of interventions. Rather than conceptualizing it as a sweet spot of economic, ecological, and social balance, sustainable development is an ongoing process of embroilments requiring constant negotiation of often-competing aims. Sustainable development politics yield highly uneven results among different members of society and different geographic areas. As this book argues, such imbalances mean that sustainable development processes often prioritize economic over environmental goals, perpetuating and reinforcing economic and political inequalities. Governing the Rainforest looks at development and conservation efforts in the Brazilian Amazon, where the government and corporate interests bump up against those of environmentalists and local populations. This book asks why sustainable development continues to be such a powerful and influential idea in the region, and what impact it has had on various political and economic interests and geographic areas. In other words, as Eve Z. Bratman argues, sustainable development is a political practice in itself. This book offers detailed case study analysis, including of the creation of vast conservation corridors, the construction of one of the largest hydroelectric plants in the world, and new forms of land settlement projects. Based on a decade of Bratman's ethnographic fieldwork throughout Brazil, and particularly along the Trans-Amazonian Highway, Governing the Rainforest offers a fresh take on sustainable development within a multi-level analysis of actors, discourses, and practices.
Customary Rights of Farmers in Neoliberal India: A Legal and Policy Analysis
by Sophy K. JosephThe Protection of Plant Varieties and Farmer’s Rights Act, 2001, promises to balance the intellectual property rights of plant breeders and farmers under one umbrella legislation. However, there remain several grey areas and the rights of farmers, in reality, are still tenuous. Though the rights framework was foregrounded on an understanding between non-governmental organizations and industry, there is lack of clarity at both conceptual and procedural levels. In this context, Sophy K. Joseph analyses the impact of legal policy reforms during the ongoing Second Green Revolution on farmers’ customary rights and livelihood. The author discusses how the extension of private property rights to plant varieties, seeds, and other agrarian resources changed the demographic composition of the rural space, with increased migration of cultivators to the cities. The book argues that the transition from state interventionism (during the First Green Revolution) to state abstention (in the Second Green Revolution) has dramatically influenced India’s conventional agrarian practices and traditions. This work maps the evolutionary process of neoliberal economic and legal policies and its interference with primary concerns such as food security, food sovereignty, and agrarian self-reliance of the country.
Fungi: A Very Short Introduction (Very Short Introductions)
by Nicholas P. MoneyThe variety of the mycological world is far greater than most people imagine. Tens of thousands of fungal species have been described and many more are known only from the abundance of their genes in soil and water. Fungi are hugely important as agents of wood decay in forests, and, as parasites, they have caused the deaths of millions of people by ravaging crops and reshaping natural ecosystems. Fungi perform a variety of essential functions in ecosystems, and are important to both agriculture and biotechnology. Their importance is now becoming better appreciated among scientists, though there is much still to be understood concerning their taxonomy and evolution. This Very Short Introduction highlights the variety and extraordinary natures of fungi, revealing the remarkable facts of fungal biology and the global significance of these enchanting organisms. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Fungi: How The Sugar Fungus Shaped Civilisation (Very Short Introductions)
by Nicholas P. MoneyThe variety of the mycological world is far greater than most people imagine. Tens of thousands of fungal species have been described and many more are known only from the abundance of their genes in soil and water. Fungi are hugely important as agents of wood decay in forests, and, as parasites, they have caused the deaths of millions of people by ravaging crops and reshaping natural ecosystems. Fungi perform a variety of essential functions in ecosystems, and are important to both agriculture and biotechnology. Their importance is now becoming better appreciated among scientists, though there is much still to be understood concerning their taxonomy and evolution. This Very Short Introduction highlights the variety and extraordinary natures of fungi, revealing the remarkable facts of fungal biology and the global significance of these enchanting organisms. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The Law of Energy Underground: Understanding New Developments in Subsurface Production, Transmission, and Storage
by Donald N. Zillman Aileen McHarg Adrian Bradbrook Lila Barrera-HernandezWhile energy has been extracted from the ground for two centuries, recent years have seen transformative changes to how easy it is to access underground energy resources. This book investigates the key challenges and legal consequences of recent developments in the use of the subsurface as a source of energy. It provides a comprehensive analysis of the new technologies that have made this possible, such as the extraction of unconventional oil and gas resources through horizontal drilling and hydraulic fracturing, also known as fracking. Further developments include the expanded use of geothermal energy, which has the potential to beome a major renewable energy source. The subsurface can also be utilised for long-term disposal or storage of environmentally harmful by-products of energy use, such as carbon capture and storage (CCS), and disposal of spent nuclear fuel and other nuclear waste. Successful development of these technologies could enhance the use of fossil and nuclear energy by reducing the harm caused by the release of greenhouse gases and harmful radiation. The authors bring together a wide variety of expertise and knowledge to examine the legal implications of the development and control of these underground activities. They provide an invaluable understanding of the legal frameworks applicable to the extraction of underground energy, both at the international level and in a number of important national jurisdictions. Importantly, the book analyses the different regulatory responses to these developments across five continents, and assesses in detail the environmental impact of new energy extraction technologies.
Forests: A Very Short Introduction (Very Short Introductions)
by Jaboury GhazoulSince the dawn of human civilization, forests have provided us with food, resources, and energy. The history of human development is also one of forest loss and transformation, and yet even in our increasingly urbanized societies we remain surprisingly dependent on forests for a wide range of goods and services. Moreover, forests still retain a remarkable hold on our environmental values. In an era of continuing tropical deforestation and temperate forest resurgence, and in the midst of uncertainties of climate and land use changes, it is more important than ever to understand what forests are, how they contribute to our livelihoods, and how they underpin our cultural histories and futures. In this Very Short Introduction Jaboury Ghazoul explores our contrasting interactions with forests, as well as their origins, dynamics, and the range of goods and services they provide to human society. Ghazoul concludes with an examination of the recent history of deforestation, transitions to reforestation, and the future outlook for forests particularly in the context of expected climate change. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Energy Law in Europe: National, EU and International Regulation
Over the last few years, the energy sector in Europe has undergone rapid change. Following the adoption of the EU Third Energy Package and the Climate and Energy Package in 2007, a wide range of EU laws governing the next phase of the EU Internal Energy Market, climate change objectives, and security of supply considerations have entered into force. This new edition builds upon earlier editions of the work to provide an updated overview of important devlopments at national, international, and European levels, covering the most important principles of international law relevant to the energy sector. The first part of the book provides overviews of international and EU law. This is followed by chapters which look at specific European jurisdictions. A number of key energy-producing jurisdictions are focused on, including France, Poland, and the UK. In addition, a chapter is now included to outline Russian energy law. Written by a team of specialist academics and practitioners, Energy Law in Europe: National, EU and International Regulation offers in-depth coverage of energy law, trade and regulation for both practitioners and academics specializing in the energy sector.
Energy Law in Europe: National, EU and International Regulation
by M Roggenkamp, C Redgwell, A Rønne and I Del GuayoOver the last few years, the energy sector in Europe has undergone rapid change. Following the adoption of the EU Third Energy Package and the Climate and Energy Package in 2007, a wide range of EU laws governing the next phase of the EU Internal Energy Market, climate change objectives, and security of supply considerations have entered into force. This new edition builds upon earlier editions of the work to provide an updated overview of important devlopments at national, international, and European levels, covering the most important principles of international law relevant to the energy sector. The first part of the book provides overviews of international and EU law. This is followed by chapters which look at specific European jurisdictions. A number of key energy-producing jurisdictions are focused on, including France, Poland, and the UK. In addition, a chapter is now included to outline Russian energy law. Written by a team of specialist academics and practitioners, Energy Law in Europe: National, EU and International Regulation offers in-depth coverage of energy law, trade and regulation for both practitioners and academics specializing in the energy sector.
International Environmental Law, Policy, and Ethics
by Alexander GillespieThis second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.
International Environmental Law, Policy, and Ethics
by Alexander GillespieThis second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.
Climate Justice: Integrating Economics And Philosophy
by Henry ShueThe fruit of twenty years of moral reflection on the emerging greatest challenge to humanity of the 21st century, these far-sighted and influential essays by a pioneering practical philosopher on the tangled questions of justice between nations and justice across generations confronting all attempts at international cooperation in controlling climate change sharply crystallize the central choices and offer constructive directions forward. Arguing that persistent attempts by U.S. negotiators to avoid the fundamental issues of justice at the heart of persistent international disagreement on the terms of a binding multilateral treaty are as morally misguided as they are diplomatically counter-productive, Henry Shue has built a case that efforts to price carbon (through cap-and-trade or carbon taxes) as a mechanism to drive down greenhouse gas emissions by the affluent must, for both ethical and political reasons, be complemented by international transfers that temporarily subsidize the development of non-carbon energy and its dissemination to those trapped in poverty. Our vital escape from climate change rooted in the dominance of the fossil fuel regime ought not, and in fact need not, come at the price of de-railing the escape of the world's poorest from poverty rooted in lack of affordable energy that does not undermine the climate. The momentum of changes in the planetary climate system and the political inertia of energy regimes mean that future generations, like the poorest of the present, are vulnerable to our decisions, and they have rights not to be left helpless by those of us with the power instead to leave them hope.
Petroleum Contracts and International Law
by Rudolf DolzerThis book addresses aspects of international law relating to petroleum contracts, examining oil and gas agreements between states and private companies and their intersection with rules of international law. It provides detailed and insightful coverage of the current practice as well as commentary and analysis based on the authors' extensive experience. The book covers topics such as the nature of international petroleum contracts, petroleum agreements as state contracts, issues of contract stability, the development of bilateral investment treaties, natural resource cycles, political risks and the specific petroleum policies of the International Bank for Reconstruction and Development, the International Monetary Fund and the International Development Association. This is a timely and comprehensive book on this important area of law.
Petroleum Contracts and International Law
by Rudolf DolzerThis book addresses aspects of international law relating to petroleum contracts, examining oil and gas agreements between states and private companies and their intersection with rules of international law. It provides detailed and insightful coverage of the current practice as well as commentary and analysis based on the authors' extensive experience. The book covers topics such as the nature of international petroleum contracts, petroleum agreements as state contracts, issues of contract stability, the development of bilateral investment treaties, natural resource cycles, political risks and the specific petroleum policies of the International Bank for Reconstruction and Development, the International Monetary Fund and the International Development Association. This is a timely and comprehensive book on this important area of law.
Treaties on Transit of Energy via Pipelines and Countermeasures (Oxford Monographs in International Law)
by Danae AzariaThis monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties. It argues that a number of transit obligations under these treaties are indivisible, reflecting the collective interests of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit states responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit states interruptions of transit.
Treaties on Transit of Energy via Pipelines and Countermeasures (Oxford Monographs in International Law)
by Danae AzariaThis monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties. It argues that a number of transit obligations under these treaties are indivisible, reflecting the collective interests of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit states responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit states interruptions of transit.
EU Waste Law
by Professor Geert Van CalsterPractitioners of European Union environmental law are faced with a substantial and growing body of legislation and case law in the areas of waste and waste management. It is regularly the subject of preliminary rulings by the European Court of Justice and has led to a number of infringement procedures by the European Commission. Now in its second edition, this work provides a comprehensive overview of the Regulations, Directives and the EU's approach to waste. Written by a practitioner with over 20 years of experience in the field, this is an authoritative guide to how environmental law is applied in practice.
EU Waste Law
by Professor Geert Van CalsterPractitioners of European Union environmental law are faced with a substantial and growing body of legislation and case law in the areas of waste and waste management. It is regularly the subject of preliminary rulings by the European Court of Justice and has led to a number of infringement procedures by the European Commission. Now in its second edition, this work provides a comprehensive overview of the Regulations, Directives and the EU's approach to waste. Written by a practitioner with over 20 years of experience in the field, this is an authoritative guide to how environmental law is applied in practice.
Allocating the Earth: A Distributional Framework for Protecting Capabilities in Environmental Law and Policy
by Breena HollandThis book advances a new distributional framework to guide the evaluation and design of environmental policies. Drawing on capabilities theory, especially as articulated in Martha Nussbaum's capabilities approach to justice, the book proposes that environmental policies should aim to secure the basic capabilities that make it possible for people to live a flourishing and dignified human life. Holland begins by establishing protection of the natural environment as central to securing these capabilities and then considers the implications for debates in environmental valuation, policy justification, and administrative rulemaking. In each of these areas, she demonstrates how a 'capabilities approach to social and environmental justice' can minimize substantive and procedural inequities that result from how we evaluate and design environmental policies in contemporary society. Holland's proposals include valuing environmental goods and services as comparable - but not commensurable - across the same dimension of well-being of different people, justifying environmental policies with respect to both the capability thresholds they secure and the capability ceilings they establish, and subjecting the outcomes of participatory decisions in the administrative rulemaking process to stronger substantive standards. In developing and applying this unique approach to justice, Holland primarily focuses on questions of domestic environmental policy. In the closing chapter she turns to theoretical debates about international climate policy and sketches how her approach to justice could inform both the philosophical grounding and practical application of efforts to achieve global climate justice. Engaging current debates in environmental policy and political theory, the book is a sustained exercise of both applied and environmental political theory.
Petroleum Contracts: English Law & Practice
by Peter RobertsIn response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this fully updated new edition analyses the application of English law to contracts for project investment, financing, and development. The book provides practitioners and other parties with essential operational detail, as well as advising on the implications of English law on the interpretation of relevant provisions. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector for an international market. This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analysed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector. This new edition has been updated with new chapters on contract architecture and related issues and new sections on the Limitation Act and tolling, further assurances, quantum meruit and estoppel. Chapters have been updated in light of key cases on good faith and relational contracts, fiduciary duties and consequential loss recognitions, amongst others. As English law continues to grow in international importance, this is a key text for practitioners in a number of jurisdictions who are looking to draft contracts or handle international transactions under the umbrella of English law.
Petroleum Contracts: English Law & Practice
by Peter RobertsIn response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this fully updated new edition analyses the application of English law to contracts for project investment, financing, and development. The book provides practitioners and other parties with essential operational detail, as well as advising on the implications of English law on the interpretation of relevant provisions. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector for an international market. This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analysed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector. This new edition has been updated with new chapters on contract architecture and related issues and new sections on the Limitation Act and tolling, further assurances, quantum meruit and estoppel. Chapters have been updated in light of key cases on good faith and relational contracts, fiduciary duties and consequential loss recognitions, amongst others. As English law continues to grow in international importance, this is a key text for practitioners in a number of jurisdictions who are looking to draft contracts or handle international transactions under the umbrella of English law.
Moonstruck: How lunar cycles affect life
by Ernest NaylorThroughout history, the influence of the full Moon on humans and animals has featured in folklore and myths. Yet it has become increasingly apparent that many organisms really are influenced indirectly, and in some cases directly, by the lunar cycle. Breeding behaviour among some marine animals has been demonstrated to be controlled by internal circalunar biological clocks, to the point where lunar-daily and lunar-monthly patterns of Moon-generated tides are embedded in their genes. Yet, intriguingly, Moon-related behaviours are also found in dry land and fresh water species living far beyond the influence of any tides. In Moonstruck, Ernest Naylor dismisses the myths concerning the influence of the Moon, but shows through a range of fascinating examples the remarkable real effects that we are now finding through science. He suggests that since the advent of evolution on Earth, which occurred shortly after the formation of the Moon, animals evolved adaptations to the lunar cycle, and considers whether, if Moon-clock genes occur in other animals, they also might exist in us?
Moonstruck: How lunar cycles affect life
by Ernest NaylorThroughout history, the influence of the full Moon on humans and animals has featured in folklore and myths. Yet it has become increasingly apparent that many organisms really are influenced indirectly, and in some cases directly, by the lunar cycle. Breeding behaviour among some marine animals has been demonstrated to be controlled by internal circalunar biological clocks, to the point where lunar-daily and lunar-monthly patterns of Moon-generated tides are embedded in their genes. Yet, intriguingly, Moon-related behaviours are also found in dry land and fresh water species living far beyond the influence of any tides. In Moonstruck, Ernest Naylor dismisses the myths concerning the influence of the Moon, but shows through a range of fascinating examples the remarkable real effects that we are now finding through science. He suggests that since the advent of evolution on Earth, which occurred shortly after the formation of the Moon, animals evolved adaptations to the lunar cycle, and considers whether, if Moon-clock genes occur in other animals, they also might exist in us?