Fair and Equal Exploitation of Transboundary Natural Hydrocarbon Based on International Law and Standards (original) (raw)
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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).
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The current essay will consider whether the world petroleum agreements have changed in the past seventy years and whether the modern petroleum agreements differ from the original. Firstly the essay will attempt to elaborate the extent of the state territory. Clarifying up to what point a state can claim territorial sovereignty is vital, especially in the current case where the exploitation of natural resources. Therefore, the paper will consider the international instruments that provide for the nature of the territorial integrity. As soon as the matter of discussion concerns natural resources that can be found not only in land but also at the far seas it necessary to consider the existing international legal regime for the territorial sea. The next step will be to provide an outline of the existing world petroleum agreements and comment on their nature and features. Afterwards, the essay will attempt to illustrate the potential changes in the original petroleum agreements namely the Concessions and the Production Sharing Agreements. In order to provide an adequate answer and reach the right conclusions the paper will focus in the US and the Middle East and unravel if and how the fiscal agreements evolved thought the years and if there are modern models agreements at the current era. An essential factor in the oil and gas agreements is that of ownership: that is to say on what legal basis does government own petroleum in situ and control exploitation and production. As soon as, the drilling occurs both in shore and offshore the issue of ownership concerns not only areas that can be described as territorial land but also territorial sea. ''The geographical delimitation of territorial sovereignty for petroleum exploitation is a complex public international legal issue and beyond the scope of this book. Other than landlocked countries, the extent will include oil and gas beneath each of a country's: Land territory, territorial sea appurtenant to such land, and the continental self '' (successful coursework submission in Oil and Gas Law )
Describe and analyse the framework (legislation, treaties, industry practice, guidance, etc) that exists for neighbouring states to develop trans boundary offshore oil and gas resources, throughout the oil and gas cycle, from exploration to cessation of production/decommissioning.
Joint Development Agreement Scheme for Management of World's Largest Shared Oil & Gas Reservoir
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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).