Jeff Ray | Florida A&M University (original) (raw)
Papers by Jeff Ray
As a preliminary matter, it will be helpful to define certain terms in a rudimentary fashion, and... more As a preliminary matter, it will be helpful to define certain terms in a rudimentary fashion, and it is well understood that differing definitions may apply in specific contexts. First, "sustainable development" shall mean: "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." Rep. of The World Commission on Environment and Development, 42nd Sess., August 4, 1987. UN Doc. A/42/427. Second, "renewable energy" shall mean: "energy from renewable, non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases."
Oil Gas Energy Law Journal, Oct 1, 2013
This article addresses the problem associated with loss of effective control of hydrocarbon resou... more This article addresses the problem associated with loss of effective control of hydrocarbon resources in states that use production-sharing agreements. The stabilisation clause is examined first while taking account of the parties’ interests, bargaining power issues and human rights concerns. Both parties’ interests are taken into account and this article argues that a renegotiation clause could bridge the two interests whilst keeping the intent of the agreement intact. The renegotiation clause is developed during the second half of the article. Covering the purpose, role, benefits, faults and other concerns of the use of a renegotiation clause.
SSRN Electronic Journal, 2013
This paper analyzes selected offshore environmental and safety laws originating from both the Uni... more This paper analyzes selected offshore environmental and safety laws originating from both the United States and the United Kingdom. More specifically, this paper bifurcates the two national regimes, as much as possible, into two separate chapters whilst simultaneously examining relevant legal alterations stemming from the Deepwater Horizon, or Macondo, incident.
SSRN Electronic Journal, 2014
This paper shows that the use of child soldiers in armed conflict has the potential to be conside... more This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I of the analysis will discuss three issues: first, the modern understanding of genocide and the substantive areas of law that govern it; second, the definition of "child" within the international arena as it relates to child soldiering; third, a discussion to determine if children can constitute a "group" in the context of the law of genocide. Part II provides a discussion elaborating on Part I, then analyzes the five disjunctive elements of genocide. A general rule will be synthesized for each element. General rules are synthesized from judicial decisions interpreting the genocide regime, soft law, and scholarly writings. Each element includes an analysis to determine applicability of the element as it relates to child soldiers.
SSRN Electronic Journal, 2014
This article provides an analysis of the United States and European laws surrounding the protecti... more This article provides an analysis of the United States and European laws surrounding the protection of investors in the midstream/downstream energy sector. The United States’ Mobile-Sierra Doctrine is laid out in a comprehensible fashion with short factual backgrounds and case analysis for the Doctrine’s development. A similar review is undertaken for European laws and cases affecting investor security. The analysis concludes by highlighting that the regimes protect a different player in the midstream/downstream energy sector. The United States protects the sanctity of the contract and, by extension, the investor. Whilst the European Union’s legal regime tends to protect the consumer, and attempts to provide a free-trade market. The paradox that ensues is that the short-term protection of the consumer may not be in the consumer’s long-term interest.
This paper analyzes selected offshore environmental and safety laws originating from both the Uni... more This paper analyzes selected offshore environmental and safety laws originating from both the United States and the United Kingdom. More specifically, this paper bifurcates the two national regimes, as much as possible, into two separate chapters whilst simultaneously examining relevant legal alterations stemming from the Deepwater Horizon, or Macondo, incident. *12 United States environmental laws are reviewed and analyzed first. United States regulatory issues based on engineering concerns and the safety regime are analyzed in the second half of the United States Chapter. The analysis therein questions whether the United States truly dealt with Macondo issues, or whether the issues were effectively tabled. The current state of the United States regime indicates that it is either in a transitional phase or it has failed to implement key measures which effectively utilize the post-Macondo regulations. The United Kingdom's offshore safety and environmental legislation and regulations are first reviewed prior to a discussion on changes in the United Kingdom regime that are attributable to the Macondo incident. The question of whether the United Kingdom is actively learning or rather playing the proverbial dog and pony show may be dramatic as a statement, but is nonetheless keenly to the point. A type of tongue-in-cheek acknowledgement that the United Kingdom regime is fit for purpose, whilst simultaneously ordering large investigations seems contradictory in nature and is one form of issue that is addressed in the United Kingdom analysis. The importance of revisiting issues from the Macondo incident could be argued as self-explanatory given: 1) the dynamic nature of deep water exploration and 2) the need to search deeper on the continental shelf in order to meet growing energy needs. However, whilst this paper was being researched and written, a gas blowout occurred on the United States continental shelf. Whilst the reason behind the blowout has not been publicly identified, it stands as a current reminder that the dynamic nature of offshore oil and gas requires continued study and regulatory refinement in order to keep pace with an industry that will continue to press into ever changing environments.
Environmental issues such as water contamination, air pollution and the potential for earthquakes... more Environmental issues such as water contamination, air pollution and the potential for earthquakes are analyzed in comparison to the leading energy fuel—coal. The United States and global energy security impact of shale gas is assessed by a brief comparative analysis of the United States and United Kingdom regimes while discussing whether there is a need for a special regulator for the industry. Socio-economic and global issues that regulators may wish to address are discussed.
11 OGEL 5, 2013
OGEL (Oil, Gas & Energy Law Intelligence): Focusing on recent developments in the area of oil-gas... more OGEL (Oil, Gas & Energy Law Intelligence): Focusing on recent developments in the area of oil-gas-energy law, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting, including the oil-gas-energy geopolitics.
This paper shows that the use of child soldiers in armed conflict has the potential to be conside... more This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I of the analysis will discuss three issues: first, the modern understanding of genocide and the substantive areas of law that govern it; second, the definition of "child" within the international arena as it relates to child soldiering; third, a discussion to determine if children can constitute a "group" in the context of the law of genocide.
As a preliminary matter, it will be helpful to define certain terms in a rudimentary fashion, and... more As a preliminary matter, it will be helpful to define certain terms in a rudimentary fashion, and it is well understood that differing definitions may apply in specific contexts. First, "sustainable development" shall mean: "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." Rep. of The World Commission on Environment and Development, 42nd Sess., August 4, 1987. UN Doc. A/42/427. Second, "renewable energy" shall mean: "energy from renewable, non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases."
Oil Gas Energy Law Journal, Oct 1, 2013
This article addresses the problem associated with loss of effective control of hydrocarbon resou... more This article addresses the problem associated with loss of effective control of hydrocarbon resources in states that use production-sharing agreements. The stabilisation clause is examined first while taking account of the parties’ interests, bargaining power issues and human rights concerns. Both parties’ interests are taken into account and this article argues that a renegotiation clause could bridge the two interests whilst keeping the intent of the agreement intact. The renegotiation clause is developed during the second half of the article. Covering the purpose, role, benefits, faults and other concerns of the use of a renegotiation clause.
SSRN Electronic Journal, 2013
This paper analyzes selected offshore environmental and safety laws originating from both the Uni... more This paper analyzes selected offshore environmental and safety laws originating from both the United States and the United Kingdom. More specifically, this paper bifurcates the two national regimes, as much as possible, into two separate chapters whilst simultaneously examining relevant legal alterations stemming from the Deepwater Horizon, or Macondo, incident.
SSRN Electronic Journal, 2014
This paper shows that the use of child soldiers in armed conflict has the potential to be conside... more This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I of the analysis will discuss three issues: first, the modern understanding of genocide and the substantive areas of law that govern it; second, the definition of "child" within the international arena as it relates to child soldiering; third, a discussion to determine if children can constitute a "group" in the context of the law of genocide. Part II provides a discussion elaborating on Part I, then analyzes the five disjunctive elements of genocide. A general rule will be synthesized for each element. General rules are synthesized from judicial decisions interpreting the genocide regime, soft law, and scholarly writings. Each element includes an analysis to determine applicability of the element as it relates to child soldiers.
SSRN Electronic Journal, 2014
This article provides an analysis of the United States and European laws surrounding the protecti... more This article provides an analysis of the United States and European laws surrounding the protection of investors in the midstream/downstream energy sector. The United States’ Mobile-Sierra Doctrine is laid out in a comprehensible fashion with short factual backgrounds and case analysis for the Doctrine’s development. A similar review is undertaken for European laws and cases affecting investor security. The analysis concludes by highlighting that the regimes protect a different player in the midstream/downstream energy sector. The United States protects the sanctity of the contract and, by extension, the investor. Whilst the European Union’s legal regime tends to protect the consumer, and attempts to provide a free-trade market. The paradox that ensues is that the short-term protection of the consumer may not be in the consumer’s long-term interest.
This paper analyzes selected offshore environmental and safety laws originating from both the Uni... more This paper analyzes selected offshore environmental and safety laws originating from both the United States and the United Kingdom. More specifically, this paper bifurcates the two national regimes, as much as possible, into two separate chapters whilst simultaneously examining relevant legal alterations stemming from the Deepwater Horizon, or Macondo, incident. *12 United States environmental laws are reviewed and analyzed first. United States regulatory issues based on engineering concerns and the safety regime are analyzed in the second half of the United States Chapter. The analysis therein questions whether the United States truly dealt with Macondo issues, or whether the issues were effectively tabled. The current state of the United States regime indicates that it is either in a transitional phase or it has failed to implement key measures which effectively utilize the post-Macondo regulations. The United Kingdom's offshore safety and environmental legislation and regulations are first reviewed prior to a discussion on changes in the United Kingdom regime that are attributable to the Macondo incident. The question of whether the United Kingdom is actively learning or rather playing the proverbial dog and pony show may be dramatic as a statement, but is nonetheless keenly to the point. A type of tongue-in-cheek acknowledgement that the United Kingdom regime is fit for purpose, whilst simultaneously ordering large investigations seems contradictory in nature and is one form of issue that is addressed in the United Kingdom analysis. The importance of revisiting issues from the Macondo incident could be argued as self-explanatory given: 1) the dynamic nature of deep water exploration and 2) the need to search deeper on the continental shelf in order to meet growing energy needs. However, whilst this paper was being researched and written, a gas blowout occurred on the United States continental shelf. Whilst the reason behind the blowout has not been publicly identified, it stands as a current reminder that the dynamic nature of offshore oil and gas requires continued study and regulatory refinement in order to keep pace with an industry that will continue to press into ever changing environments.
Environmental issues such as water contamination, air pollution and the potential for earthquakes... more Environmental issues such as water contamination, air pollution and the potential for earthquakes are analyzed in comparison to the leading energy fuel—coal. The United States and global energy security impact of shale gas is assessed by a brief comparative analysis of the United States and United Kingdom regimes while discussing whether there is a need for a special regulator for the industry. Socio-economic and global issues that regulators may wish to address are discussed.
11 OGEL 5, 2013
OGEL (Oil, Gas & Energy Law Intelligence): Focusing on recent developments in the area of oil-gas... more OGEL (Oil, Gas & Energy Law Intelligence): Focusing on recent developments in the area of oil-gas-energy law, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting, including the oil-gas-energy geopolitics.
This paper shows that the use of child soldiers in armed conflict has the potential to be conside... more This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I of the analysis will discuss three issues: first, the modern understanding of genocide and the substantive areas of law that govern it; second, the definition of "child" within the international arena as it relates to child soldiering; third, a discussion to determine if children can constitute a "group" in the context of the law of genocide.