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Author: Ilias Bantekas Publisher: Kluwer Law International B.V. ISBN: 9041122508 Category : Law Languages : en Pages : 546
Book Description
Central Asia has emerged as potentially the most important new hydrocarbon province in decades. Among the countries whose natural resources are now the focus of world attention, Kazakhstan is very much in the front rank. The scale and strategic importance of its reserves mean that it is set to become one of the key players in the global market. Realising that potential depends on many factors, not least its legal treatment of the oil and gas industry. The contributors to this volume consider the various dimensions of that legal treatment, including investment and contractual issues, dispute settlement, transport and refining, environmental issues, and taxation. The importance of the international context for Kazakhstan's domestic law is a key feature of this book, as is a concern with identifying existing problems and suggesting the most fruitful direction for reform. The book will be of interest to practitioners and academics working in the specific field as well as in the more general area of legal relations between the oil and gas industry and transition economies. Ilias Bantekas is Reader in Law at the University of Westminster, London, UK. He has written widely in the field of international law and won the International Committee of the Red Cross Paul Reuter prize in 2000. Visiting Fellow at Harvard Law School (2003-04). John Paterson is Reader in Law at the University of Westminster, London, UK. He has written on the regulation of the oil and gas industry and acts as a consultant to the OECD Nuclear Energy Agency. Maidan Suleimenov is Professor of Law at the Kazakh State Academy of Law and Adilet Higher Law School, Almaty, Kazakhstan. He was directly involved in Kazakhstan's accession to the Energy Charter Treaty and has also been responsible for legislative drafting in the field.
Author: Ilias Bantekas Publisher: Kluwer Law International B.V. ISBN: 9041122508 Category : Law Languages : en Pages : 546
Book Description
Central Asia has emerged as potentially the most important new hydrocarbon province in decades. Among the countries whose natural resources are now the focus of world attention, Kazakhstan is very much in the front rank. The scale and strategic importance of its reserves mean that it is set to become one of the key players in the global market. Realising that potential depends on many factors, not least its legal treatment of the oil and gas industry. The contributors to this volume consider the various dimensions of that legal treatment, including investment and contractual issues, dispute settlement, transport and refining, environmental issues, and taxation. The importance of the international context for Kazakhstan's domestic law is a key feature of this book, as is a concern with identifying existing problems and suggesting the most fruitful direction for reform. The book will be of interest to practitioners and academics working in the specific field as well as in the more general area of legal relations between the oil and gas industry and transition economies. Ilias Bantekas is Reader in Law at the University of Westminster, London, UK. He has written widely in the field of international law and won the International Committee of the Red Cross Paul Reuter prize in 2000. Visiting Fellow at Harvard Law School (2003-04). John Paterson is Reader in Law at the University of Westminster, London, UK. He has written on the regulation of the oil and gas industry and acts as a consultant to the OECD Nuclear Energy Agency. Maidan Suleimenov is Professor of Law at the Kazakh State Academy of Law and Adilet Higher Law School, Almaty, Kazakhstan. He was directly involved in Kazakhstan's accession to the Energy Charter Treaty and has also been responsible for legislative drafting in the field.
Author: André Pereira da Fonseca, Publisher: Kluwer Law International B.V. ISBN: 9403506857 Category : Law Languages : en Pages : 660
Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author: David Perks Publisher: Sweet & Maxwell ISBN: 0414027078 Category : Law Languages : en Pages : 243
Book Description
Now in its 5th edition, this well-respected work provides a comprehensive analysis of the EC merger control regime. The book examines the impact of legislative and procedural changes made in 2004 on the subsequent casework and procedures of the Commission and the workings of the European Competition Network in the merger control context.
Author: William Ascher Publisher: Springer Science & Business Media ISBN: 9780792362197 Category : Social Science Languages : en Pages : 388
Book Description
This volume is based on the presentations and deliberations of an Advanced Research Workshop (ARW) "Caspian Sea: A Quest for Environmental Security" that was held on March 15-19, 1999, in Venice (Italy). The Workshop was sponsored by the NATO's Division for Scientific and Environmental Affairs, with additional support provided by the Trust for Mutual Understanding (USA). It was organized by Duke University's Center for International Development Research with the guidance of the International Committee of scientists from Russia, United States. Georgia and Italy and organizational assistance rendered by Venice International University. The Caspian Sea region is of profound importance from the perspective of global and regional environmental security. New geopolitical and economic circumstances have created a mixture of competition. reluctant collaboration, and legal, political, economic and ideological wrangling. There is an intense debate over how the Caspian and its resources should be divided among littoral states and how these resources are to be developed. While most littoral states and the international companies strive to develop the area's immense hydrocarbon potential, it is clear that the Caspian's unique and fragile ecosystem is at risk.
Author: Damilola S.Olawuyi Publisher: Kluwer Law International B.V. ISBN: 9403506652 Category : Law Languages : en Pages : 659
Book Description
Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law: obligations and liabilities; relationship of the parties; exclusive operations; force majeure; hardship; and host granting instrument. A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance. The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.
Author: Zhenis Kembayev Publisher: Kluwer Law International B.V. ISBN: 9041140662 Category : Law Languages : en Pages : 481
Book Description
This book is the first-ever comprehensive overview of the legal system of Kazakhstan in English. It offers a compact, coherent, systematic and reliable overview of the major legal concepts, principles and developments of the legal system of Kazakhstan. Sixteen chapters, each written by an expert in the respective field, cover the following specific areas of the Kazakhstani legal system: History of Kazakhstan; Basic Features of the Legal System (Comparative Perspective and Sources of Law); Legal Education and Science in Kazakhstan; Constitutional Law; Administrative Law; Law of Persons; Property Law; Law of Obligations; Family and Inheritance Law; Labor Law; Private International Law; Civil Procedure; Criminal Law; Criminal Procedure; Investment and Energy Law; Tax Law.
Author: Thomas Walde Publisher: Kluwer Law International B.V. ISBN: 9041109137 Category : Law Languages : en Pages : 732
Book Description
The Energy Charter Treaty, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. This book is intended to provide the first authoritative analysis of the background, negotiations and content of the Energy Charter Treaty and to provide support and guidance for subsequent negotiations and the difficult challenges involved in interpretation and application of the Treaty. It will be an essential tool for anybody working with the Energy Charter Treaty. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.
Author: Robert Looney Publisher: Routledge ISBN: 1136966463 Category : Business & Economics Languages : en Pages : 473
Book Description
To many, oil markets and their linkages to a whole spectrum of events remain something of a mystery. Unfortunately, most of the easily obtained information on oil is deeply flawed. Whole web-conspiracy sites depict ruthless insiders and reckless dictators manipulating energy markets at will. The 30 essays in this volume, written by the leading experts in the field, attempt to set the record straight. While their assessments may lack the sensationalism of many popular pundits, serious readers will find their insights invaluable in the years to come in providing a framework for understanding many of the events of the day. The five sections: Politics of Oil Supply, Political Responses, Regional Dimensions, Country Case Studies and Key Issues for the Future give a comprehensive overview of the politics of oil world-wide.
Author: Ilias Bantekas
Author: Ilias Bantekas
Author: André Pereira da Fonseca,
Author: David Perks
Author: IBP USA
Author: William Ascher
Author: IBP, Inc.
Author: Damilola S.Olawuyi
Author: Zhenis Kembayev
Author: Thomas Walde
Author: Robert Looney