European Energy Law Report VII

European Energy Law Report VII presents, in four parts, an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part of the book examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU Emissions Trading Directive and recent developments in the US regarding emissions trading. The second section focuses on the energy liberalization process and the Third Energy Package. Following an overview of recent developments in EU competition law and the impact of the Sector Inquiry on the energy sector, this section concentrates particularly on the new Internal Energy Market Directives and most particularly on the legality of the unbundling provisions. Subsequently, the focus is on the role of the Transmission System Operators (TSOs). After an analysis of the need for an increased cooperation of the German TSOs, another chapter discusses the need for more consolidation in the European gas transmission market and the role of regulation therein. Is there a new role for nuclear energy? In order to secure long term energy supply, the focus turns again to nuclear energy. The third part of this report discusses two elements of nuclear liability. First, it analyzes the issue of the possible privatization of the nuclear sector and its impact on long term liability. Although the focus is on the UK nuclear sector, a comparison is made with some other regulatory regimes. Thereafter, the role of 'nuclear' is discussed as an instrument to reduce CO2 emissions and, more particularly, as a means to reach the 20-20-20 targets. The question is raised whether the international rules on civil liability provide sufficient protection to victims of nuclear accidents and whether these rules may distort the internal market process. Finally, the book examines the role of Russia in securing European energy supply. First, the role of the Barents Sea is discussed from an international and national law perspective. This is followed by an overview of Russian energy policy and the Russian approach to dispute settlement mechanisms. The last chapter provides an illustration of the dispute settlement as it discusses, from a legal perspective, the transit conflict between Russia and the Ukraine.

Martha M. Roggenkamp is professor of Energy Law at the University of Groningen and Director of the Groningen Centre of Energy Law. She is also a board member of the Groningen Energy and Sustainability Program (GESP) and the coordinator of the North Sea Energy Law Program and the specialization ‘Energy and Climate Law” in the LLM European Law. She has published widely on energy law issues since the early 1990s. She is the author of the monograph "Oil and Gas: Netherlands Law and Practice" (Chancery 1991) and "Het Juridisch Kader van Pijpleidingen in de Olie- en Gasindustrie" (PhD, Intersentia 1999). She is one of the co-editors of the book "Energy Law in Europe" (OUP 2003, 2007 and 2015), The Regulation of Power Exchanges in Europe (Intersentia 2004), the "European Energy Law Report I - X (Intersentia 2004-2014), "Legal Design of Carbon Capture and Storage-Developments in the Netherlands from an International and EU Perspective" (Intersentia 2009), “Energy Networks and the Law – Innovative Solutions in Changing Markets”(OUP 2012) and “Essential EU Climate Law”(Edgar Elgar forthcoming 2015). She also has the chair of the Dutch Association of Energy Lawyers and as a member of the Academic Advisory Group of the Section on Energy, Environment and Infrastructure law of the IBA she has participated in several research projects covering issues such as "Security of Energy Supply", "Human Rights in the Energy Sector", "Reregulating the Energy and Natural Resources Sector" and “The Law of Energy Underground” (all published at OUP). In addition, she is editor in chief of the series Energy & Law published by Intersentia (Antwerp), member of the editorial board of the Dutch Journal of Energy Law and of the editorial committee of the Journal of Energy and Natural Resources Law, the International Energy Law Review and the Renewable Energy Law and Policy Review.

Ulf Hammer has been Professor dr. juris at the University of Oslo, Scandinavian Institute of Maritime Law since 2004. He is head of the Institute's Department of Petroleum and Energy Law. Before that he was Senior Executive Officer in the Ministry of Petroleum and Energy (1983-1988), Assistant Judge (1988-1990), Legal Counsel in Hydro (1990-1995) and Research Fellow, Researcher and Associate Professor at the Scandinavian Institute of Maritime Law (1995-2004). He wrote his PhD thesis on the regulation of the Norwegian electricity market. He is co-author of several books on electricity law and petroleum law, and has published several articles on these topics.

With contributions by L. Massai, E. Woerdman, S. Weishaar, H.H.B. Vedder, D. Freeston, D. Frenkil, M. Slotboom, E. Ehlers, F. Wulff, E. Gottschal, M. Newberry, T. Vanden Borre, S. Seliverstov, K. Hobér and J.G. Westerhof.

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European Energy Law Report VII

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