Carbon Capture and Storage in International Energy Policy and Law

Carbon Capture and Storage in International Energy Policy and Law

1st Edition - October 13, 2021

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  • Editors: Hirdan Katarina de Medeiros Costa, Carolina Arlota
  • eBook ISBN: 9780323853705
  • Paperback ISBN: 9780323852500

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Carbon Capture and Storage in International Energy Policy and Law identifies the main contemporary regulatory requirements, challenges and opportunities involving CCS from a comparative and interdisciplinary perspective. It draws on the scholarship of renowned researchers across the fields of international energy law and policy to address CCS regulation and its impact on climate change, sustainable development, and related consequences for energy transition. In this vein, the book aims to address issues related to energy, energy justice and climate changes (including CCS technology). Contributors discuss the main challenges and advantages concerning international energy and the forms CCS may contribute to energy security, climate change, adaptation and mitigation of GHG emissions and sustainable development. In this light, the book discusses CCS as a bridge that integrates international energy, climate change and sustainable development.

Key Features

  • Covers contemporary regulatory command-and-control and market incentive instruments across the local, regional and/or international spheres in-depth and in comparison
  • Reviews deregulatory impacts, modern financing of CCS, liability of the involved parties, and pertinent environmental issues
  • Addresses sociotechnical aspects of CCS and its specific impact on the international arena
  • Discusses the interplay of carbon capture and storage, renewables and the overall energy transition, current pathways to sustainable development


Energy policymakers, regulators, and researchers interested in carbon capture and sequestration and, more broadly, in energy sustainability. Researchers interested in climate change and international energy law, in general; potential stakeholders, including native and indigenous populations; energy industry professionals, including those in the oil and gas industry and renewable sources industry (solar, wind, water); nuclear scientists; international faculty and students; law professors and their students; business professionals; business school  professors and their students

Table of Contents

  • Cover image
  • Title page
  • Table of Contents
  • Copyright
  • Dedications
  • List of contributors
  • Foreword
  • Acknowledgments
  • Carbon capture and storage in international energy policy and law: perspectives on sustainable development, climate change, and energy transition
  • Part I: Conceptualizing international energy law and carbon capture and storage (CCS) in light of climate change
  • Chapter 1. International Energy Law: still a brave new world?
  • Abstract
  • 1.1 Introduction
  • 1.2 Theoretical framework
  • 1.3 Why International Energy Law is needed now?
  • 1.4 Conclusion
  • Acknowledgments
  • References
  • Chapter 2. The energy of cooperation
  • Abstract
  • 2.1 Introduction
  • 2.2 Cooperation evolution
  • 2.3 War or cooperation?
  • 2.4 Traditional cooperation
  • 2.5 Global cooperation
  • 2.6 The millennium development goals
  • 2.7 The Sustainable Development Goals
  • 2.8 The renewed cooperation agencies
  • 2.9 The new players
  • 2.10 Financing for sustainable development
  • 2.11 The Brazilian case
  • 2.12 Cooperation for climate change: the emblematic solution of CCS
  • 2.13 Conclusion
  • References
  • Chapter 3. Climate change mitigation and the technological specificities of carbon capture and storage
  • Abstract
  • 3.1 Introduction
  • 3.2 CCS technologies
  • 3.3 Technological challenges for wide CCS deployment
  • 3.4 Final remarks and conclusions
  • Acknowledgments
  • References
  • Further reading
  • Part II: Case studies on CCS and related policies, and their consequences for climate change
  • Chapter 4. The institutional approach of climate change at the multinational level: the new paradigm of the Brazilian legislative experience
  • Abstract
  • 4.1 Introduction
  • 4.2 Scope of the analysis
  • 4.3 Survey of competences focusing on the municipal level
  • 4.4 Brazilian institutional powers and competences to climate policies
  • 4.5 Institutional analysis and multinational level
  • 4.6 Conclusion and policy implications
  • Acknowledgments
  • References
  • Chapter 5. Carbon capture and storage technologies and efforts on climate change in Latin American and Caribbean countries
  • Abstract
  • 5.1 Introduction
  • 5.2 Macroscenario for climate policy implementation
  • 5.3 Carbon storage facilities and use of CCS technologies
  • 5.4 Technical analysis of the potential use of CCS
  • 5.5 Efforts and opportunities to implement CCS projects
  • 5.6 Paths built and directions followed by countries in meeting the Paris Agreement goals and conclusions
  • 5.7 Final considerations
  • Acknowledgments
  • References
  • Further reading
  • Chapter 6. Geologic CO2 sequestration in the United States of America
  • Abstract
  • 6.1 Subsurface property rights and competing uses of the subsurface
  • 6.2 Liability models for the use of pore space for industrial and commercial underground fluid injection activities
  • 6.3 Potential legal and commercial frameworks for permitting access and use of pore space for geologic CO2 sequestration
  • 6.4 Conclusion
  • References
  • Further reading
  • Chapter 7. The United Kingdom’s experience in Carbon Capture and Storage projects: the current regulatory framework and related challenges
  • Abstract
  • 7.1 Introduction
  • 7.2 UK’s energy sector
  • 7.3 UK’s CCS regulatory framework
  • 7.4 UK’s CCS projects
  • 7.5 Public participation
  • 7.6 Final considerations
  • Acknowledgments
  • References
  • Chapter 8. Regulatory framework carbon capture, utilization, and storage in Europe: a regulatory review and specific cases
  • Abstract
  • 8.1 Introduction
  • 8.2 European Union regulatory framework on CCS
  • 8.3 Norwegian CCS experience
  • 8.4 Dutch CCS case
  • 8.5 Conclusion
  • Acknowledgments
  • References
  • Chapter 9. Australian legislation on new mitigation technologies—the case of carbon capture and storage
  • Abstract
  • 9.1 Introduction
  • 9.2 Australian energy sector—framework—energy transition
  • 9.3 New technologies to achieve the Paris Agreement
  • 9.4 Australian laws on carbon capture and storage
  • 9.5 Lessons to be learned
  • 9.6 Final remarks
  • Acknowledgments
  • References
  • Chapter 10. Carbon capture and storage: Intellectual property, innovation policy, and climate change
  • Abstract
  • 10.1 Introduction
  • 10.2 Patent law
  • 10.3 Government funding
  • 10.4 Innovation prizes and grand challenges
  • 10.5 Conclusion
  • References
  • Legislation
  • Cases
  • International treaties
  • Chapter 11. Negative-emission technologies and patent rights after COVID-19
  • Abstract
  • 11.1 Introduction
  • 11.2 Failure to meet climate change goals, the need for NETs, and current funding
  • 11.3 Intellectual property rights, invention incentives, and affordable-access concerns
  • 11.4 Conclusion
  • References
  • Part III: Comparative experiences around the world
  • Chapter 12. Who is taking climate change seriously? Evidence based on a comparative analysis of the carbon capture and storage national legal framework in Brazil, Canada, the European Union, and the United States
  • Abstract
  • 12.1 Introduction
  • 12.2 Definition of CCS and its main challenges
  • 12.3 Comparative experience
  • 12.4 Relevant findings of the comparative survey
  • 12.5 Conclusion
  • Annex 1
  • Acknowledgments
  • References
  • Further reading
  • Chapter 13. Reducing CO2 emissions through carbon capture use and storage and carbon capture and storage in Mexico and Alberta, Canada: addressing the legal and regulatory barriers
  • Abstract
  • 13.1 Introduction
  • 13.2 Alberta’s regulatory experience with enhanced oil recovery and acid gas disposal projects
  • 13.3 Injecting CO2 for long-term storage
  • 13.4 Clear and certain property rights to enable carbon capture and storage projects
  • 13.5 Environmental protection considerations
  • 13.6 Liability
  • 13.7 Meaningful consultation—an essential element of an effective and efficient regulatory framework
  • 13.8 Project approval
  • 13.9 Current gaps in Mexican regulations
  • References
  • Chapter 14. Legal and regulatory barriers to CO2 geological storage in Brazil: Lessons from the European Union
  • Abstract
  • 14.1 Introduction
  • 14.2 CCUS and CO2 geological storage
  • 14.3 Brazil as a study case
  • 14.4 European Union CCS Directive
  • 14.5 Final remarks and conclusions
  • Acknowledgments
  • References
  • Chapter 15. An overview of the existing carbon capture, utilization, and storage projects in Asia: Comparing policy choices and their consequences for sustainable development
  • Abstract
  • 15.1 Introduction
  • 15.2 Energy
  • 15.3 CO2 emissions
  • 15.4 CCUS technologies in Asian countries
  • 15.5 Final remarks and conclusions
  • Acknowledgments
  • References
  • Chapter 16. Relevant aspects of carbon storage activities’ liability in paradigmatic countries: Australia, Brazil, Canada, European Union, Japan, Norway, United Kingdom, and United States
  • Abstract
  • 16.1 Introduction
  • 16.2 Prevention and control of environmental accidents
  • 16.3 Chosen countries experience
  • 16.4 Conclusion
  • Acknowledgments
  • References
  • Part IV: The current picture and future perspectives
  • Chapter 17. A transitioning model: from oil companies to energy players
  • Abstract
  • 17.1 Introduction
  • 17.2 New paradigm
  • 17.3 New technologies
  • 17.4 An example of energy transition in the developing world
  • 17.5 Effects of Covid-19 pandemic
  • 17.6 Conclusion
  • References
  • Chapter 18. Sustainable development and its link to Carbon Capture and Storage (CCS) technology: toward an equitable energy transition
  • Abstract
  • 18.1 Introduction
  • 18.2 Sustainable development: concept overview
  • 18.3 The international agenda and its relationship with sustainable development and climate change
  • 18.4 Agenda 2030 and its role to sustainable development and the climate change crisis
  • 18.5 The place of CCS in the fair energy transition to sustainable development
  • 18.6 Conclusion
  • Acknowledgments
  • References
  • Chapter 19. Why is social acceptance important for capture, storage, and transport of carbon (CCS) projects?
  • Abstract
  • 19.1 Introduction
  • 19.2 Social license to operate, public acceptance, public perception, and public participation features and goals
  • 19.3 Current trends on CCS projects and social acceptance
  • 19.4 Conclusion
  • Acknowledgments
  • References
  • Chapter 20. Climate change, Carbon Capture and Storage (CCS), energy transition, and justice: where we are now, and where are (should be) we headed?
  • Abstract
  • 20.1 Introduction
  • 20.2 A historical overview: from environmental justice to climate justice
  • 20.3 Climate change and its significant pressure points: migration and justice
  • 20.4 Where we are on CCS, energy transition, and climate justice
  • 20.5 Current trends
  • 20.6 Conclusion
  • Acknowledgments
  • References
  • Further reading
  • Index

Product details

  • No. of pages: 428
  • Language: English
  • Copyright: © Elsevier 2021
  • Published: October 13, 2021
  • Imprint: Elsevier
  • eBook ISBN: 9780323853705
  • Paperback ISBN: 9780323852500

About the Editors

Hirdan Katarina de Medeiros Costa

Hirdan Katarina de Medeiros Costa is a lawyer, consultant and professor. She has been working in energy sector since 2004. Hirdan is bachelor’s in law, her undergrad background is Petroleum Law from the University of Rio Grande do Norte (Brazil). Moreover, she has a Master Degree on Energy Issues from the University of Sao Paulo and her dissertation focused on the Regulation of Natural Gas. She holds an LL.M (Master of Laws) from the University of Oklahoma, College of Law, USA, where she was a Visiting Researcher (2008-2009). She was also a distinguished Visiting Researcher PRH04 / ANP / MCTI / IEE / USP (2013-2016). Currently, Hirdan is a Collaborating Professor at Energy Program of the University of Sao Paulo’s Institute of Energy and Environment (PPGE / IEE / USP), where she is the Coordinator of Projects 21 and 42 of CEPID / SHELL E & P Brazil / FAPESP Energy Policy and Economics Program. She is also the Deputy Director of CEPID / SHELL E & P Brazil / FAPESP Energy Policy and Economics Program, and Postdoctoral Fellow from Energy Program at University of Sao Paulo.

Affiliations and Expertise

Collaborating Professor, Energy Program, University of Sao Paulo’s Institute of Energy and Environment (PPGE / IEE / USP) and Deputy Director, CEPID / SHELL E & P Brazil / FAPESP Energy Policy and Economics Program, and Postdoctoral Fellow from Energy Program, University of Sao Paulo

Carolina Arlota

Carolina Arlota is currently a Visiting Assistant Professor of Law at the University of Oklahoma, College of Law, where she has taught courses on several international topics, such as International Energy Law, International Commercial and Investment Arbitration, International Business Transactions, Comparative Law, and European Union Law. Dr. Arlota holds an LL.M. and a J.S.D. from the University of Illinois at Urbana-Champaign. In Illinois, she was awarded the Lemann Graduate Fellowship. Dr. Arlota was also a recipient of prestigious fellowships granted by the TINKER Foundation and by the Fondation pour le Droit Continental (Université Paris II, Pantheon Assas – located in Paris, France).

Affiliations and Expertise

Visiting Assistant Professor of Law, University of Oklahoma, College of Law, USA

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