https://www.um.edu.mt/library/oar/handle/123456789/6472 2026-04-05T14:28:10Z https://www.um.edu.mt/library/oar/handle/123456789/100983 Title: Are nature conservation laws adapted to climate change? : towards integrated spatial planning and land use instruments to implement biodiversity conservation objectives Abstract: Despite the fact that many policy measures and legislation were taken in order to implement conservation objectives and real protected areas networks such as the European Natura 2000 network, they do not succeed to reverse the current biodiversity decline. Some scholars suggest that conservation laws are insufficiently implemented or protected areas and legislation are badly-suited to face climate change. Can we therefore consider that conservation legislation is no more adapted to today's global threat? Indeed, they were drafted when climate change was not placed on the top of international agendas and they were more flag-species and specific habitats-focussed without facilitating species movement, the condition sine qua non for adaptation. In order to meet conservation targets, climate change adaptation needs a particular policy attention to help species adapt in this conservation threat context. As part of numerous biodiversity adaptation measures, connectivity conservation is known as a potential and verified scientific solution to enhance the ability of species to adapt to the impacts of climate change by building natural resilience and therefore, to reverse the increasing biodiversity decline. This concept aims at halting the changes being made in natural connectivity and ruptures of conservation plans by preserving or restoring linkages between and outside protected areas, protecting habitats, maintain critical ecological processes and facilitating natural migration through natural landscapes. This paper discusses the potential and shortcomings of these nature conservation laws to addressing terrestrial connectivity conservation in the context of Climate Change. Description: LL.M.ENERGY ENV.CLIMATE 2016-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29814 Title: Sustainable approach to the decommissioning of offshore oil and gas rigs : a legal analysis Abstract: This dissertation focuses mainly on the environmental aspects of sustainable decommissioning from a legal perspective. It aims to examine the extent to which the legal framework on decommissioning integrates sustainability and more especially environmental sustainability on three levels: international, European Union and national level, in the U.S. and in Nigeria. Therefore, this dissertation will analyze the extent to which the protection of the environment is taken into account in the decision–making process concerning offshore decommissioning. For this purpose, different data sources were used: international and regional conventions, EU law, Nigerian and U.S. national laws and host government contracts; law cases; and law doctrine and research. The main difficulties encountered were due to the fact there is no oil and gas offshore decommissioning regulation at the EU level. Therefore, there is little literature available that directly addresses this at the EU level. Moreover, according to the legal context, the laws applicable to offshore decommissioning may be unclear and every so often contradictory. The first chapter will analyze the offshore decommissioning and environmental protection under international law. Due to the lack of explicit global agreement on offshore decommissioning, the chapter will focus on the UNCLOS, the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention) and the 1996 Protocol to the London Convention 1972 (London Protocol), the Convention on Biological Diversity (CBD as well as regional sea conventions which embed provisions on dumping of redundant oil and gas facilities at sea and the protection of the environment. The chapter aims to demonstrate the ground provided to sustainable offshore decommissioning at the international level and the limits of these regulations focusing on an environmental point of view. Guidance documents, which are established through the above-mentioned conventions, shall also be analyzed in this chapter since they provide assistance to States in spite of their non-binding legal nature. The second chapter will examine the integration of sustainable decommissioning in European Union (EU) law. This examination shall start from the assertion that EU law lacks a specific comprehensive framework for offshore decommissioning. This is despite an attempt to create one after the Brent Spar crises. Given that the Brent Spar incident has created a movement of interests towards offshore decommissioning in Europe, its consequences at the EU level will be examined. Having analyzed this event, the consequences of a lack of specific EU legal framework for offshore decommissioning will be demonstrated. Nevertheless, this chapter provides an overview of EU laws applicable to offshore decommissioning focusing on the environmental and sustainable aspects. It also analyses the liability and insurance aspects of offshore decommissioning given that liability and financial guaranties contribute to promote a sustainable approach to decommissioning. Due to the large range of laws, only some directives (i.e. the Oil and Gas Safety Directive,23 the Marine Strategy Framework Directive, the Habitat Directive, the Waste Framework Directive and the Environmental Liability Directive) would be analyzed. The third chapter is a comparative analysis of the laws applicable to offshore decommissioning in Nigeria and in the U.S.. Both are federal States; this chapter shall focus on the federal law. This chapter takes into account that comparatively, the U.S. has a more mature legal framework on this issue. Therefore, this chapter aims to recommend changes to be made to the Nigerian system based on U.S. model on decommission that ensures environmentally sustainable offshore decommissioning. This chapter examine the laws and policy of these States as well as aspects of the petroleum contracting system related to decommissioning. This chapter presents the implementation of the rigs-to-reefs program in the U.S. given that, compared to Europe, the conversion of platforms into artificial reefs is an option which represents around 10% of the decommissioning. This option is of particular interest as it avoids the destruction of habitats which have developed in the area as a result of the installations. Therefore, such program could represent a valuable option. This comparative chapter is of interest especially with regards to the recommendation made to improve the Nigerian framework on decommissioning and to other States which may deal with decommissioning in the future. Description: LL.M.ENERGY ENV.CLIMATE 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29803 Title: Foreign direct investment and renewable energy sources : legal analysis of current developments Abstract: The master’s thesis is focused on two closely interlinked fields of law, the international investment law and the renewable energy law. The purpose of this thesis is to provide a detailed legal analysis of the current legislation pertaining to foreign investments into renewable energy sources. The analysis is first focused on brief introduction into legal landscapes of investment law and energy law, analysing the Energy Charter Treaty and its principal provisions as a crucial source of international investment law. The focus is shifted on the international investment arbitration, providing a brief theoretical summary and swiftly progressing toward the case study of Spain as an exquisitely suited country for conduction of analysis of main trends in current arbitration practice. The Charanne and Eiser arbitrations serve to illustrate the state of play not only in Spain, but all around the European Union. Afterwards the inclusion of additional two arbitration proceedings, namely Windstream and Mesa Power, initiated under the North American Free Trade Agreement, serves the role of providing a comparative insight into a different set of regulations. In the concluding part of the thesis the author concerns himself with the conflict between investment protection and the right to regulate, which occurred often in the course of this thesis. Last portion of the thesis is dedicated to author’s opinions concerning good legislation and policy advice, which could put an end to the rising numbers of arbitrations in this area of law. Description: LL.M.ENERGY ENV.CLIMATE 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29796 Title: Renewable energy promotion and investment : the role of legal frameworks in creating a stable and predictable environment for investors as examined from the perspective of International law, European Union law, and comparatively the laws of India and the United Kingdom Abstract: The methodology selected for this paper shall include an analysis made for each chapter that will be made based on legal principles relevant to that chapter given the current legal frameworks with analytical support provided by case law. This paper is not divided between investment and promotion but considers the two concepts linked. All reference to investors in this paper, unless indicated otherwise, shall mean an investor in RE in the electricity field. The paper shall, especially from the EU and Comparative perspective, assess the effectiveness of support schemes under national regulatory regimes that emanate from their respective legal frameworks; as policies and support tools that promote RE. In addition, from the EU law perspective effectiveness shall include protection afforded by the principle of legitimate expectation and legal certainty. For the international law section, reference to support schemes shall be avoided for the primary reason International law’s support mechanisms under a uniform structure are difficult to assess. Therefore, for the international law section reliance on principles of legitimate expectation and fair and equitable treatment shall be necessary to further determine the creation of a stable and predictable environment. However, for the comparative law perspective the assessment shall be limited to the effectiveness of support schemes and how these obstruct or contribute to creating a stable and predictable legal framework. In addition, an examination of foreign vs local products or investment shall not be included as this would delve into matters of discrimination and fall outside of the scope of the assessment. Moreover, it is important to emphasise that whilst this paper focuses on RE, consideration is attributed to RE for electricity and leaves out an assessment on sources and other uses of RE. In addition, the risks faced by investors shall be limited to an examination of legal remedies that protect investors against regulatory and political risk; without a detailed examination of what/how that risk my take form. Lastly, the analysis shall be limited to the legal frameworks, and any reference to case law shall be limited to interpretation of these frameworks and excludes an analysis of court procedures. In the International law chapter, the creation of a stable and predictable environment for investment will be analysed under the Energy Charter Treaty (ECT). The creation of such environment shall be based on obligation to protect investors against regulatory change whilst maintaining the host state’s right to regulate its own national regulatory regimes. Due to the lack of a comprehensive single international framework that ‘regulates all energy matters’, the ECT provides a favourable solution. Therefore, this chapter shall be limited to the ECT. Moreover, the analysis shall be limited to the ECT’s protection principles found in article 10 (1) which includes the Fair and Equitable Treatment (FET) standard, legitimate expectation and the role that specific commitments in the form of stabilization clauses may add to the level of protection. Therefore, whilst recognising that there are additional protection mechanisms for investors under the ECT including Most Favoured Nation and National Treatment and other discrimination protection mechanisms, this paper focuses solely on the ones mentioned above. Moreover, an analysis of jurisdiction or nationality will not be observed save for referencing to the scope of what it means to be an investor or what an investment is under ECT. In terms of the case law to be used in this chapter, these will primarily include case law as analysed under ECT but analysis from other tribunals under other IIAs shall be included. This is due to the fact that such case law are all referenced in ECT cases. Particular attention shall be given to the recent ECT cases which are a result of a change in Spain’s regulatory framework and recent arbitration awards. These cases, along with reference to other non-ECT case law shall highlight the extent states are obligated under the ECT to create a stable and predictable environment for investors. Description: LL.M.ENERGY ENV.CLIMATE 2017-01-01T00:00:00Z