Environmental Natural Resources Law

Sharing the costs and benefits of energy and resource by Lila Barrera-Hernandez, Barry Barton, Lee Godden, Alastair

By Lila Barrera-Hernandez, Barry Barton, Lee Godden, Alastair Lucas, Anita Ronne

"A new section is rising within the courting among strength and source actions and the groups which are stricken by them. Any strength or source venture - a mine, a wind farm, a dam for hydroelectricity, or a shale fuel improvement - will contain a mixture of affects and merits for groups. for a few years, the legislation has mediated affects on groups and supplied for the distribution of economic benefits. Read more...

summary:

strength and source actions convey advantages for plenty of, but additionally impose bills on groups. This publication makes use of circumstances reports from around the globe to check the emergence of 'sharing' and the legal Read more...

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14 United Nations General Assembly Resolution 1803 (XVII) of 14 December 1962 (permanent sovereignty over natural resources). 13 28 Barton & Goldsmith previous resolutions put more emphasis on the rights of states over their natural resources. 15 They appear to produce unearned income, wealth far beyond the effort needed to find and produce them. There is less of the mixing of labour with the land that a traditional John Locke justification of rights to property would rely on, inevitably thinking of agricultural labour.

Sharing could well be labelled allocation; and it imports ideas of fairness and distributive justice. The choices of a developer company may allocate benefits to employees and contractors, although government policies can influence it and law can regulate specific aspects. Landowners may gain benefits in selling or renting land to the developer company. For example, the owners of isolated windswept hilltops in some regions have benefitted enormously when their land is identified as a prime wind energy site.

3 A. P. Cohen, ‘Epilogue’ 165 in Amit (ed) above n 2. 4 R. Williams, Keywords (1976) ‘community’ 65–6. 5 H. S. Maine, Ancient Law ([1861] 1909, 16th edn, F. Pollock, ed) 174; ‘the movement of the progressive societies has hitherto been a movement from Status to Contract’. Pollock comments at 185 that it is not clear how far Maine regarded the movement as a phase of the larger political individualism which prevailed in the eighteenth and much of the nineteenth centuries. Maine’s insight was about the law of persons, and the ties of family, steadily replaced with relations arising out of the free agreement of individuals.

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