Ahmad Kashfi | National University of Malaysia (original) (raw)

Papers by Ahmad Kashfi

Research paper thumbnail of The Need for a Universal Model Agreement under International Law Commission (ILC) for Development of Shared Oil and Gas Resources

JUUM, 2018

This paper embarks on rationalizing the significance of codification of a convention for developm... more This paper embarks on rationalizing the significance of codification of a convention for development of shared oil and gas resources under the supervision by International Law Commission (ILC). Transboundary natural resources would be discovered increasingly by development of technology that helps the States to exploit in any region and depth, and in adverse circumstances. The legal intricacies affecting such resources under international law originates from some significant factors such as complexity of oil and gas ownership, lack of international organization, association or convention to directly enforce the related rules for or against the States. Moreover, the States’ practice to cooperate through agreements are operationalised through various frameworks in different regions in the world. They are inconsistencies in the structure, provisions and regime of application due to their national interests, economic systems and goals and historical and political backgrounds. This paper reviews the relevant international law sources in an analytical and explanatory method and a theoretically doctrinal way to prove the reason why codification of a comprehensive model agreement in International Law Commission (ILC) would be the most efficient way to overcome such legal intricacies and lack of relevant international law rules. The significance and necessity of a universally binding convention is justified through this paper. The predominant provisions and main principles that can be included in the model agreement as a potential annex to the convention are illustrated, along with the applicability of the codification of both convention and a model agreement in the International Law Commission (ILC).

Research paper thumbnail of The Need for a Universal Model Agreement under International Law Commission (ILC) for Development of Shared Oil and Gas Resources

Faculty of Law Universiti Kebangsaan Malaysia, 2017

This paper embarks on rationalizing the significance of codification of a convention for developm... more This paper embarks on rationalizing the significance of codification of a convention for development of shared oil and gas resources under the supervision and codification by International Law Commission (ILC). Transboundary natural resources would be discovered increasingly by development of technology that help the States to exploit in any region, depth and adverse circumstances. Legal intricacy of such resources in international law originates from some significant factors such as complexity of oil and gas ownership, lack of international organization or association or convention to directly regulate and legislate the related rules to enforce the States. Moreover, the States practice to cooperate through agreements are occurred in various frameworks and region of the world. They are inconsistence in structure, provisions and regime of application due to their national interests, economic systems and goals and historical and political backgrounds. This paper reviews the relevant international law sources in an analytical and explanatory method and a theoretical doctrinal way to prove the reason why codification of a comprehensive model agreement in International Law Commission (ILC) would be the most efficient way to overcome such legal intricacy and lack of relevant binding international law rules. The significant and necessity of a universally binding convention is justified through this paper. The predominance, provisions and main principles that can be included in the model agreement as a potential annex to the convention are illustrated, along with the applicability of the codification of both convention and a model agreement in the International Law Commission (ILC).

Research paper thumbnail of A Critical Analysis of Unemployment Insurance Law in Iran

National Seminar Proceedings 2015 Social Security and Industrial Works: Policy and Legislation, 2015

Unemployment Insurance is a category of Social Insurance, which supports the subsistence of those... more Unemployment Insurance is a category of Social Insurance, which supports the subsistence of those who have lost their income due to unemployment. This kind of supporting not only has been identified in law of numerous countries, but also, has been reflected in many International Labour Organization (ILO) conventions. In Iran the temporary ratification of unemployment insurance law occurred in 1987 and finally it was ratified as a permanent law in 1990. This social protection has been made in Iran legal system in the shape of social security services and has been cited in article 29 of constitution. According to this law, two organizations, (Social Security Organization and Ministry of Cooperatives, Labor and Social affairs) recognized as law administrators. Nevertheless this law has hopeful points and supporting existence, it has been accompanied with many problem and challenges due to legislature`s idealistic thought during ratification of law. Some problems with this Act can be categorized as: Applying vague and ambiguous expressions and words in context of the Act, The minimum period to pay premium and the employer`s obligation to pay premium that seems not to be fair. This work seeks to illustrate the problems and propose solutions.

Research paper thumbnail of Interim Measures Prior to Agreement to Develop Transboundary Maritime Hydrocarbon Resources

American-Eurasian Network for Scientific Information publisher, Research Journal of Social Sciences, 2015

Recognizing and practicing protective perimeters by the states prior to exploration and exploita... more Recognizing and practicing protective perimeters by the states prior to exploration and exploitation of transboundary oil and gas deposits has the leading role towards cooperative development. Location of natural resources of oil and gas over the international marine delimited lines or non-delimited area might arise international conflict and jeopardize international peace, security and stability. Competitive exploitation, sudden pressure drop of the reservoirs and migratory characteristic of hydrocarbons are the other significant loss behind it. International law specifically United Nations Convention on the Law of the Sea (UNCLOS) 1982 recommends states to practice interim measures in case of failure to reach delimitation agreement and consider similar practical parameters to avoid potential international dispute. Furthermore, based on the principle of the peaceful settlement of international disputes, the states shall resolve such potential dispute through political and legal formalities and diplomacy. Although, the judicial precedent in the international court of justice and international arbitrations have been mostly focusing upon marine delimitation to resolve such disputes, but these judicial decisions altogether convey a general advice to all states that the optimal principle is cooperation of the states, respect to observation of interim measures and at least prevention of any unilateral actions to exploit competitively.

Research paper thumbnail of Joint Development Agreement Scheme for Management of World’s Largest Shared Oil & Gas Reservoir

Journal of Scientific Research and Development , 2015

South Pars/North Field has been the largest shared oil and gas reservoir and offshore field ever ... more South Pars/North Field has been the largest shared oil and gas reservoir and offshore field ever discovered. This super giant reservoir is shared between Iran and Qatar and unreasonable overdrilling and dissipation close to the border of both countries have rapidly removed enormous amount of gas out of the reservoir. Undoubtedly, this non-scheduled exploitation has caused migration of fluids to the other side, and reduced the reservoir pressure. In case of sudden ruin of reservoir or any prevailing loss in any side of the border, the parties is likely to come across a complicated legal conflict in their relationship.
In the same situation the States in different regions have done precautionary measures to resolve the problem. They have entered in to agreements in various structures affected by political, regional and historical conditions of the parties. In the present condition, the joint development agreement along with the joint authority is recognised to be the best solution. If Iran and Qatar come to an agreement for joint development of South Pars/North Field in their marine delimited border, the parties will benefit from surveillance management of the reserve, and this would lead to an outstanding model for other shared oil and gas resources and it reinforces the formation of customary international law as one of the most impressive State practice.

Research paper thumbnail of The Need for a Universal Model Agreement under International Law Commission (ILC) for Development of Shared Oil and Gas Resources

JUUM, 2018

This paper embarks on rationalizing the significance of codification of a convention for developm... more This paper embarks on rationalizing the significance of codification of a convention for development of shared oil and gas resources under the supervision by International Law Commission (ILC). Transboundary natural resources would be discovered increasingly by development of technology that helps the States to exploit in any region and depth, and in adverse circumstances. The legal intricacies affecting such resources under international law originates from some significant factors such as complexity of oil and gas ownership, lack of international organization, association or convention to directly enforce the related rules for or against the States. Moreover, the States’ practice to cooperate through agreements are operationalised through various frameworks in different regions in the world. They are inconsistencies in the structure, provisions and regime of application due to their national interests, economic systems and goals and historical and political backgrounds. This paper reviews the relevant international law sources in an analytical and explanatory method and a theoretically doctrinal way to prove the reason why codification of a comprehensive model agreement in International Law Commission (ILC) would be the most efficient way to overcome such legal intricacies and lack of relevant international law rules. The significance and necessity of a universally binding convention is justified through this paper. The predominant provisions and main principles that can be included in the model agreement as a potential annex to the convention are illustrated, along with the applicability of the codification of both convention and a model agreement in the International Law Commission (ILC).

Research paper thumbnail of The Need for a Universal Model Agreement under International Law Commission (ILC) for Development of Shared Oil and Gas Resources

Faculty of Law Universiti Kebangsaan Malaysia, 2017

This paper embarks on rationalizing the significance of codification of a convention for developm... more This paper embarks on rationalizing the significance of codification of a convention for development of shared oil and gas resources under the supervision and codification by International Law Commission (ILC). Transboundary natural resources would be discovered increasingly by development of technology that help the States to exploit in any region, depth and adverse circumstances. Legal intricacy of such resources in international law originates from some significant factors such as complexity of oil and gas ownership, lack of international organization or association or convention to directly regulate and legislate the related rules to enforce the States. Moreover, the States practice to cooperate through agreements are occurred in various frameworks and region of the world. They are inconsistence in structure, provisions and regime of application due to their national interests, economic systems and goals and historical and political backgrounds. This paper reviews the relevant international law sources in an analytical and explanatory method and a theoretical doctrinal way to prove the reason why codification of a comprehensive model agreement in International Law Commission (ILC) would be the most efficient way to overcome such legal intricacy and lack of relevant binding international law rules. The significant and necessity of a universally binding convention is justified through this paper. The predominance, provisions and main principles that can be included in the model agreement as a potential annex to the convention are illustrated, along with the applicability of the codification of both convention and a model agreement in the International Law Commission (ILC).

Research paper thumbnail of A Critical Analysis of Unemployment Insurance Law in Iran

National Seminar Proceedings 2015 Social Security and Industrial Works: Policy and Legislation, 2015

Unemployment Insurance is a category of Social Insurance, which supports the subsistence of those... more Unemployment Insurance is a category of Social Insurance, which supports the subsistence of those who have lost their income due to unemployment. This kind of supporting not only has been identified in law of numerous countries, but also, has been reflected in many International Labour Organization (ILO) conventions. In Iran the temporary ratification of unemployment insurance law occurred in 1987 and finally it was ratified as a permanent law in 1990. This social protection has been made in Iran legal system in the shape of social security services and has been cited in article 29 of constitution. According to this law, two organizations, (Social Security Organization and Ministry of Cooperatives, Labor and Social affairs) recognized as law administrators. Nevertheless this law has hopeful points and supporting existence, it has been accompanied with many problem and challenges due to legislature`s idealistic thought during ratification of law. Some problems with this Act can be categorized as: Applying vague and ambiguous expressions and words in context of the Act, The minimum period to pay premium and the employer`s obligation to pay premium that seems not to be fair. This work seeks to illustrate the problems and propose solutions.

Research paper thumbnail of Interim Measures Prior to Agreement to Develop Transboundary Maritime Hydrocarbon Resources

American-Eurasian Network for Scientific Information publisher, Research Journal of Social Sciences, 2015

Recognizing and practicing protective perimeters by the states prior to exploration and exploita... more Recognizing and practicing protective perimeters by the states prior to exploration and exploitation of transboundary oil and gas deposits has the leading role towards cooperative development. Location of natural resources of oil and gas over the international marine delimited lines or non-delimited area might arise international conflict and jeopardize international peace, security and stability. Competitive exploitation, sudden pressure drop of the reservoirs and migratory characteristic of hydrocarbons are the other significant loss behind it. International law specifically United Nations Convention on the Law of the Sea (UNCLOS) 1982 recommends states to practice interim measures in case of failure to reach delimitation agreement and consider similar practical parameters to avoid potential international dispute. Furthermore, based on the principle of the peaceful settlement of international disputes, the states shall resolve such potential dispute through political and legal formalities and diplomacy. Although, the judicial precedent in the international court of justice and international arbitrations have been mostly focusing upon marine delimitation to resolve such disputes, but these judicial decisions altogether convey a general advice to all states that the optimal principle is cooperation of the states, respect to observation of interim measures and at least prevention of any unilateral actions to exploit competitively.

Research paper thumbnail of Joint Development Agreement Scheme for Management of World’s Largest Shared Oil & Gas Reservoir

Journal of Scientific Research and Development , 2015

South Pars/North Field has been the largest shared oil and gas reservoir and offshore field ever ... more South Pars/North Field has been the largest shared oil and gas reservoir and offshore field ever discovered. This super giant reservoir is shared between Iran and Qatar and unreasonable overdrilling and dissipation close to the border of both countries have rapidly removed enormous amount of gas out of the reservoir. Undoubtedly, this non-scheduled exploitation has caused migration of fluids to the other side, and reduced the reservoir pressure. In case of sudden ruin of reservoir or any prevailing loss in any side of the border, the parties is likely to come across a complicated legal conflict in their relationship.
In the same situation the States in different regions have done precautionary measures to resolve the problem. They have entered in to agreements in various structures affected by political, regional and historical conditions of the parties. In the present condition, the joint development agreement along with the joint authority is recognised to be the best solution. If Iran and Qatar come to an agreement for joint development of South Pars/North Field in their marine delimited border, the parties will benefit from surveillance management of the reserve, and this would lead to an outstanding model for other shared oil and gas resources and it reinforces the formation of customary international law as one of the most impressive State practice.