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A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.
This book investigates how legal frameworks are evolving to address the complex distribution of costs and benefits arising from energy and resource extraction projects in local communities. The authors, Barry Barton, Lee Godden, and Lila K. Barrera-Hernández, utilize a comparative legal analysis to examine how jurisdictions globally are shifting from traditional impact mitigation toward more comprehensive benefit-sharing models. By synthesizing conceptual legal theory with practical case studies, the text argues that current regulatory mechanisms must adapt to account for multi-scalar impacts and the necessity of public participation in resource governance.
What You Will Find
Scope Limits
Legal scholars and policy analysts identify this work as a significant contribution to the study of natural resource governance and community rights. Readers frequently note the academic density of the prose, which serves as a foundational text for those studying the intersection of energy law and social equity.
Page Count:
466
Publication Date:
2016-01-01
Publisher:
OUP Oxford
ISBN-10:
0191080993
ISBN-13:
9780191080999
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