Joint Development Agreement Scheme for Management of World's Largest Shared Oil & Gas Reservoir (original) (raw)
Related papers
JUUM, 2018
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).
THE LEGAL FRAMEWORK FOR THE OIL AND MINING CONCESSION IN DIFFERENT COUNTRIES
Concession is the oldest form of cooperation between the state and companies to exploit oil being found in the Middle East since the late nineteenth century. In colonized countries the right of exploitation belonged to the companies of the suzerain states. Invoking national interest, dispute over natural resources has increased in direct proportion to the increasing importance of these resources and inversely proportional to the decrease in quantity. A dull but intense battle at this point characterizes natural resources, especially of oil and mining of precious metals. Therefore, we can say that the power exerted on natural resources determines the ranking of countries of the world economic power and living standards of the population. Use of natural resources as an effective weapon in the economic consolidation became state policy and the expansion of exploration and exploitation in foreign lands required the development of complex regulations. Therefore, this study aims at presenting an analytic perspective of foreign law-specific states with relevant impact on the exploitation of natural resources-and the presentation of some features of international law.
The evolution of world petroleum agreements in the past 70 years.
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 )
Exploitation of Offshore Transboundary Oil and Gas Reservoirs; An International Law Perspective.
Under international law, state’s territorial sovereignty ends at its boundaries and any hydrocarbons reservoirs that straddle across would belong to a different state with control over such territory. The United Nations Convention on the Law of the Sea provides a legal framework for maritime boundary delimitation. However, it does not entirely solve the equation in regard to exploitation of cross-border hydrocarbons. What happens when the hydrocarbon cross boundaries of different states? It may be difficult to determine the quantity of hydrocarbons due to one state. Neighbouring states have access to the same reservoir and any activities by one state would have an impact on the position of the other to exploit the same. This paper will analyse different frameworks adopted by states to exploit shared offshore reservoirs. It will traverse challenges posed by exploitation of such deposits and the status of international law, specifically on the obligation to cooperate. The paper will also focus on state practice and how different concepts in the cycle of hydrocarbon exploitation have been tackled; from discovery to cessation. The emphasis is ( but not limited to) on Norway-UK, USA-Mexico, Australia- Timor-Leste, and Nigeria Sao Tome, Principe arrangements.
World Petroleum Legislation: Frameworks That Foster Oil and Gas Development
Alberta Law Review, 2001
In this article the authors draw upon the experience of the World Bank in encouraging petroleum investment in its member countries to analyze the essential elements of international-standard legislative frameworks for petroleum exploration and production operations. The basic components of Petroleum Law, Regulations, and Model Contracts are examined with a view to explaining the principles and rationale for each essential element of successful legislative frameworks while recognizing that there is room for a myriad of variations and innovation depending on the hydrocarbon endowment, real or perceived, of each host government.
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.
The Asian Institute of Research Economics and Business Quarterly Reviews, 2022
Cross-border shared resources have always been one of the legal and economic issues, since they are highly important to governments. Because of the inherent characteristic of governments and their willingness to exercise their sovereignty over the land, resources, and protection of these common cross-border resources, have always been challenging and a subject of disagreement between stakeholder countries, in the legal, economic, and political. These challenges become more serious when it comes to valuable and strategically shared cross-border resources such as oil, and gas. The case in this study is located on the common border between Iran and Iraq, which is the confluence of a valuable oil resources. This region is recognized as Azadegan and Majnoon oil fields. The importance of exploring this area is because it is regarded as one of the largest cross-border oil resource interconnections in the world in a single area. The existence of a huge and common underground oil reservoir, which is very valuable, is the reason for the conflict of interests between the two governments of Iran and Iraq. However, this conflict of interests has not only been created for governments, but it has interfered with the economic interests of international and multinational companies and the rights of present and future generations of human beings (collective/group rights). The escalation of this conflict of interest occurs when governments face shared oil resources onshore or offshore, which may jeopardize the rights of human generations and the environment due to political and economic competition.
Reflections on the law applicable to international oil contracts
The Journal of World Energy Law & Business, 2013
Business activity in the hydrocarbon sector, involving the extraction of natural resources essential to maintain our modern lifestyle, begins with the negotiation of oil and gas exploration and exploitation contracts. Apart from the traditional role of the parties' contractual autonomy, determining the legal regime of these contracts necessitates considering the role of international law, the development of oil sector-specific international rules (lex petrolea), and the impact of the imperative norms of national legal systems, especially in expropriation cases and in those situations in which investments or commercial transactions in a particular State are subject to limits or prohibitions relating to economic coercion measures.
International Oil Companies and Host States: A New Bargaining Model
Oil Gas and Energy Law Intelligence, 2011
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. For full Terms & Conditions and subscription rates, please visit our website at www.ogel.org. Open to all to read and to contribute OGEL has become the hub of a global professional and academic network. Therefore we invite all those with an interest in oil-gas-energy law and regulation to contribute. We are looking mainly for short comments on recent developments of broad interest. We would like where possible for such comments to be backed-up by provision of in-depth notes and articles (which we will be published in our 'knowledge bank') and primary legal and regulatory materials.