Author: Chowdhury Ishrak Ahmed Siddiky
Publisher: Kluwer Law International B.V.
ISBN: 9041142886
Category : Political Science
Languages : en
Pages : 427
Book Description
This book deals with the problems which occur when one or more parties in a pipeline do not abide by some obligations agreed among them at the beginning of the project. Such problems are most serious when geo-political, legal, or economic developments lead governments to intervene, resulting in the breach of a legitimate expectation of the stakeholders involved. Using regime theory as an analytical tool, the author explores participant behaviour in seven specific case studies that manifest different levels of enforcement to constrain intervention. In the course of the analysis he covers such aspects as the following: the basic principles of freedom of transit, non-interference, non-discrimination, and equal treatment; the government’s role as provider of security and stability; crucial importance of government credibility; pipelines as national strategic assets; energy security; land acquisition and appropriate compensation; third party access; transit tariffs and fees; environmental and safety standards; liability; each country’s role in safeguarding the pipeline; and the effect of new national oil and gas legislation in any country partner. In the final analysis the author proposes the creation of an autonomous unifying mechanism in the form of an agency with strong regime credentials. He shows how such a body would reduce the level of intervention by government or other parties in the pipeline regime, without interfering in the sovereignty of any particular country. He clearly outlines the process through which the agency would use its enforcement capabilities. As more and more pipelines are being built all over the world, and as the nature of relations among energy exporting, importing, and transit countries becomes ever more critical, this book comes as a fresh and cogent approach to this very important subject. It will be welcomed by all interested parties in oil and gas industry and regulation, as well as by academics and officials in international relations.
Cross-Border Pipeline Arrangements
Author: Chowdhury Ishrak Ahmed Siddiky
Publisher: Kluwer Law International B.V.
ISBN: 9041142886
Category : Political Science
Languages : en
Pages : 427
Book Description
This book deals with the problems which occur when one or more parties in a pipeline do not abide by some obligations agreed among them at the beginning of the project. Such problems are most serious when geo-political, legal, or economic developments lead governments to intervene, resulting in the breach of a legitimate expectation of the stakeholders involved. Using regime theory as an analytical tool, the author explores participant behaviour in seven specific case studies that manifest different levels of enforcement to constrain intervention. In the course of the analysis he covers such aspects as the following: the basic principles of freedom of transit, non-interference, non-discrimination, and equal treatment; the government’s role as provider of security and stability; crucial importance of government credibility; pipelines as national strategic assets; energy security; land acquisition and appropriate compensation; third party access; transit tariffs and fees; environmental and safety standards; liability; each country’s role in safeguarding the pipeline; and the effect of new national oil and gas legislation in any country partner. In the final analysis the author proposes the creation of an autonomous unifying mechanism in the form of an agency with strong regime credentials. He shows how such a body would reduce the level of intervention by government or other parties in the pipeline regime, without interfering in the sovereignty of any particular country. He clearly outlines the process through which the agency would use its enforcement capabilities. As more and more pipelines are being built all over the world, and as the nature of relations among energy exporting, importing, and transit countries becomes ever more critical, this book comes as a fresh and cogent approach to this very important subject. It will be welcomed by all interested parties in oil and gas industry and regulation, as well as by academics and officials in international relations.
Publisher: Kluwer Law International B.V.
ISBN: 9041142886
Category : Political Science
Languages : en
Pages : 427
Book Description
This book deals with the problems which occur when one or more parties in a pipeline do not abide by some obligations agreed among them at the beginning of the project. Such problems are most serious when geo-political, legal, or economic developments lead governments to intervene, resulting in the breach of a legitimate expectation of the stakeholders involved. Using regime theory as an analytical tool, the author explores participant behaviour in seven specific case studies that manifest different levels of enforcement to constrain intervention. In the course of the analysis he covers such aspects as the following: the basic principles of freedom of transit, non-interference, non-discrimination, and equal treatment; the government’s role as provider of security and stability; crucial importance of government credibility; pipelines as national strategic assets; energy security; land acquisition and appropriate compensation; third party access; transit tariffs and fees; environmental and safety standards; liability; each country’s role in safeguarding the pipeline; and the effect of new national oil and gas legislation in any country partner. In the final analysis the author proposes the creation of an autonomous unifying mechanism in the form of an agency with strong regime credentials. He shows how such a body would reduce the level of intervention by government or other parties in the pipeline regime, without interfering in the sovereignty of any particular country. He clearly outlines the process through which the agency would use its enforcement capabilities. As more and more pipelines are being built all over the world, and as the nature of relations among energy exporting, importing, and transit countries becomes ever more critical, this book comes as a fresh and cogent approach to this very important subject. It will be welcomed by all interested parties in oil and gas industry and regulation, as well as by academics and officials in international relations.
Joint Operating Agreements
Author: Eduardo G. Pereira
Publisher: Kluwer Law International B.V.
ISBN: 9041159355
Category : Law
Languages : en
Pages : 530
Book Description
Historically oil and gas upstream activities were developed in common law jurisdictions. In the same manner the first model form of Joint Operating Agreements (JOAs) was developed in 1956 by the American Association of Professional Landmen. This historical model form provided the industry with guidance for future generations of JOAs. Although the JOAs were initially used in common law jurisdictions (US, Canada, UK, etc.) later on it was used in civil law jurisdictions throughout South America, Africa, Europe and Asia. There is no JOA model available in the industry to address all of the requirements from a large variety of civil law perspectives. The Norwegian and Greenlandic authorities offer their own JOA models, which are suitable within these jurisdictions. The AIPN JOA model form 2012 issued a short guidance note for civil law issues. Although this initiative was very much welcomed by the industry, it was not possible to provide extensive guidance on every detail and provide advice on exactly what your JOA provisions should look like at the very end. Therefore, the main issue for the petroleum industry is the fact that large upstream investments could be done based on a contract that might not be enforceable in a civil law jurisdiction. This book analyses the main issues that a JOA might face within seventeen civil jurisdictions with large oil and gas reserves or at least large potential (including but not limited to Angola, Argentina, Brazil, China, France, Holland, Indonesia, Kazakhstan, Mexico, Mozambique, Norway, Russia, Uzbekistan, Venezuela, etc.). It is a unique and valuable publication for practitioners, legal counsel, businessmen, and academics involved in the upstream industry around the world.
Publisher: Kluwer Law International B.V.
ISBN: 9041159355
Category : Law
Languages : en
Pages : 530
Book Description
Historically oil and gas upstream activities were developed in common law jurisdictions. In the same manner the first model form of Joint Operating Agreements (JOAs) was developed in 1956 by the American Association of Professional Landmen. This historical model form provided the industry with guidance for future generations of JOAs. Although the JOAs were initially used in common law jurisdictions (US, Canada, UK, etc.) later on it was used in civil law jurisdictions throughout South America, Africa, Europe and Asia. There is no JOA model available in the industry to address all of the requirements from a large variety of civil law perspectives. The Norwegian and Greenlandic authorities offer their own JOA models, which are suitable within these jurisdictions. The AIPN JOA model form 2012 issued a short guidance note for civil law issues. Although this initiative was very much welcomed by the industry, it was not possible to provide extensive guidance on every detail and provide advice on exactly what your JOA provisions should look like at the very end. Therefore, the main issue for the petroleum industry is the fact that large upstream investments could be done based on a contract that might not be enforceable in a civil law jurisdiction. This book analyses the main issues that a JOA might face within seventeen civil jurisdictions with large oil and gas reserves or at least large potential (including but not limited to Angola, Argentina, Brazil, China, France, Holland, Indonesia, Kazakhstan, Mexico, Mozambique, Norway, Russia, Uzbekistan, Venezuela, etc.). It is a unique and valuable publication for practitioners, legal counsel, businessmen, and academics involved in the upstream industry around the world.
International Energy Law
Author: Mohammad Naseem
Publisher: Kluwer Law International B.V.
ISBN: 9403533145
Category : Law
Languages : en
Pages : 284
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in International Energy Law. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting International Energy Law. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
Publisher: Kluwer Law International B.V.
ISBN: 9403533145
Category : Law
Languages : en
Pages : 284
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in International Energy Law. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting International Energy Law. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
The Geopolitics of Energy in South Asia
Author: Chowdhury Ishrak Ahmed Siddiky
Publisher: Routledge
ISBN: 1000417654
Category : Social Science
Languages : en
Pages : 163
Book Description
This book examines the relation between energy and politics in South Asia and explores the geopolitics surrounding energy security in the region. Analyzing energy security and the scramble for resources in South Asia, the book highlights the important role of energy in light of the rapid economic growth of South Asian countries. The book analyzes the current energy security status of the countries in South Asia, their strengths and weaknesses, and the policies that need to be implemented in order to ensure their energy security. Focusing on Bangladesh as a case study, the author argues that the country is geographically important both in respect to its energy resources and as an energy hub. The author applies a novel analytical framework to measure the energy security of the region and examines the role of the US and China in this geopolitical scenario. A new assessment of energy security issues and the geopolitical aspect of energy security, this book will be of interest to researchers in the fields of energy studies and security, International Relations, South Asian Studies and Asian Politics.
Publisher: Routledge
ISBN: 1000417654
Category : Social Science
Languages : en
Pages : 163
Book Description
This book examines the relation between energy and politics in South Asia and explores the geopolitics surrounding energy security in the region. Analyzing energy security and the scramble for resources in South Asia, the book highlights the important role of energy in light of the rapid economic growth of South Asian countries. The book analyzes the current energy security status of the countries in South Asia, their strengths and weaknesses, and the policies that need to be implemented in order to ensure their energy security. Focusing on Bangladesh as a case study, the author argues that the country is geographically important both in respect to its energy resources and as an energy hub. The author applies a novel analytical framework to measure the energy security of the region and examines the role of the US and China in this geopolitical scenario. A new assessment of energy security issues and the geopolitical aspect of energy security, this book will be of interest to researchers in the fields of energy studies and security, International Relations, South Asian Studies and Asian Politics.
Characterisation and Taxation of Cross-border Pipelines
Author: Knut Olsen
Publisher: IBFD
ISBN: 9087221312
Category : Double taxation
Languages : en
Pages : 285
Book Description
Characterisation and Taxation of Cross-Border Pipelines provides a comprehensive analysis of the issues related to the taxation of cross-border pipelines. It offers solutions to the various tax issues that a cross-border pipeline might raise. The book concludes by recommending changes to the OECD Model Tax Treaty and its Commentaries to reduce uncertainty, avoid double taxation or less than a single taxation, and establish a more common international approach for the characterisation and taxation of cross-border pipelines and their allocation."--Publisher description.
Publisher: IBFD
ISBN: 9087221312
Category : Double taxation
Languages : en
Pages : 285
Book Description
Characterisation and Taxation of Cross-Border Pipelines provides a comprehensive analysis of the issues related to the taxation of cross-border pipelines. It offers solutions to the various tax issues that a cross-border pipeline might raise. The book concludes by recommending changes to the OECD Model Tax Treaty and its Commentaries to reduce uncertainty, avoid double taxation or less than a single taxation, and establish a more common international approach for the characterisation and taxation of cross-border pipelines and their allocation."--Publisher description.
International Taxation and the Extractive Industries
Author: Philip Daniel
Publisher: Taylor & Francis
ISBN: 1317330145
Category : Business & Economics
Languages : en
Pages : 381
Book Description
The taxation of extractive industries exploiting oil, gas, or minerals is usually treated as a sovereign, national policy and administration issue. This book offers a uniquely comprehensive overview of the theory and practice involved in designing policies on the international aspects of fiscal regimes for these industries, with a particular focus on developing and emerging economies. International Taxation and the Extractive Industries addresses key topics that are not frequently covered in the literature, such as the geo-political implications of cross-border pipelines and the legal implications of mining contracts and regional financial obligations. The contributors, all of whom are leading researchers with experience of working with governments and companies on these issues, present an authoritative collection of chapters. The volume reviews international tax rules, covering both developments in the G20-OECD project on ’Base Erosion and Profit Shifting’ and more radical proposals, identifying core challenges in the extractives sector. This book should become a core resource for both scholars and practitioners. It will also appeal to those interested in international tax issues more widely and those who study environmental economics, macroeconomics and development economics.
Publisher: Taylor & Francis
ISBN: 1317330145
Category : Business & Economics
Languages : en
Pages : 381
Book Description
The taxation of extractive industries exploiting oil, gas, or minerals is usually treated as a sovereign, national policy and administration issue. This book offers a uniquely comprehensive overview of the theory and practice involved in designing policies on the international aspects of fiscal regimes for these industries, with a particular focus on developing and emerging economies. International Taxation and the Extractive Industries addresses key topics that are not frequently covered in the literature, such as the geo-political implications of cross-border pipelines and the legal implications of mining contracts and regional financial obligations. The contributors, all of whom are leading researchers with experience of working with governments and companies on these issues, present an authoritative collection of chapters. The volume reviews international tax rules, covering both developments in the G20-OECD project on ’Base Erosion and Profit Shifting’ and more radical proposals, identifying core challenges in the extractives sector. This book should become a core resource for both scholars and practitioners. It will also appeal to those interested in international tax issues more widely and those who study environmental economics, macroeconomics and development economics.
The Oxford Handbook of Energy Politics
Author: Kathleen J. Hancock
Publisher: Oxford University Press, USA
ISBN: 0190861363
Category : Political Science
Languages : en
Pages : 833
Book Description
"In many ways, everything we once knew about energy resources and technologies has been impacted by: the longstanding scientific consensus on climate change and related support for renewable energy; the affordability of extraction of unconventional fuels; increasing demand for energy resources by middle- and low-income nations; new regional and global stakeholders; fossil fuel discoveries and emerging renewable technologies; awareness of (trans)local politics; and rising interest in corporate social responsibility (CSR) and the need for energy justice. Research on these and related topics now appears frequently in social science academic journals-in broad-based journals, such as International Organization, International Studies Quarterly, and Review of International Political Economy, as well as those focused specifically on energy (e.g., Energy Research & Social Science and Energy Policy), the environment (Global Environmental Politics), natural resources (Resources Policy), and extractive industries (Extractive Industries and Society). The Oxford Handbook of Energy Politics synthesizes and aggregates this substantively diverse literature to provide insights into, and a foundation for teaching and research on, critical energy issues primarily in the areas of international relations and comparative politics. Its primary goals are to further develop the energy politics scholarship and community, and generate sophisticated new work that will benefit a variety of scholars working on energy issues"--
Publisher: Oxford University Press, USA
ISBN: 0190861363
Category : Political Science
Languages : en
Pages : 833
Book Description
"In many ways, everything we once knew about energy resources and technologies has been impacted by: the longstanding scientific consensus on climate change and related support for renewable energy; the affordability of extraction of unconventional fuels; increasing demand for energy resources by middle- and low-income nations; new regional and global stakeholders; fossil fuel discoveries and emerging renewable technologies; awareness of (trans)local politics; and rising interest in corporate social responsibility (CSR) and the need for energy justice. Research on these and related topics now appears frequently in social science academic journals-in broad-based journals, such as International Organization, International Studies Quarterly, and Review of International Political Economy, as well as those focused specifically on energy (e.g., Energy Research & Social Science and Energy Policy), the environment (Global Environmental Politics), natural resources (Resources Policy), and extractive industries (Extractive Industries and Society). The Oxford Handbook of Energy Politics synthesizes and aggregates this substantively diverse literature to provide insights into, and a foundation for teaching and research on, critical energy issues primarily in the areas of international relations and comparative politics. Its primary goals are to further develop the energy politics scholarship and community, and generate sophisticated new work that will benefit a variety of scholars working on energy issues"--
The Russian State and Russian Energy Companies, 1992–2018
Author: Ingerid M. Opdahl
Publisher: Routledge
ISBN: 1351134051
Category : Business & Economics
Languages : en
Pages : 248
Book Description
The Russian State and Russian Energy Companies analyses the development of relations between the state and five major energy companies, and how this shaped Russia’s foreign policy in the post-Soviet region. The book argues that the development of Russia’s political economy mattered for foreign policy over the quarter of a century from 1992 to 2018. Energy companies’ roles in institutional development enabled them to influence foreign policy formation, and they became available as tools to implement foreign policy. The extent to which it happened for each company varied with their accessibility to the Russian state. Institutional development increased state capacity, in a way that strengthened Russia’s political regime. The book shows how the combined power of several companies in the gas, oil, electricity, and nuclear energy industry was a key feature of Russian foreign policy, both in bilateral relationships and in support of Russia’s regional position. In this way, Russia’s energy resources were converted to regional influence. The book contributes to our understanding of Russia’s political economy and its influence on foreign policy, and of the formation of policy towards post-Soviet states.
Publisher: Routledge
ISBN: 1351134051
Category : Business & Economics
Languages : en
Pages : 248
Book Description
The Russian State and Russian Energy Companies analyses the development of relations between the state and five major energy companies, and how this shaped Russia’s foreign policy in the post-Soviet region. The book argues that the development of Russia’s political economy mattered for foreign policy over the quarter of a century from 1992 to 2018. Energy companies’ roles in institutional development enabled them to influence foreign policy formation, and they became available as tools to implement foreign policy. The extent to which it happened for each company varied with their accessibility to the Russian state. Institutional development increased state capacity, in a way that strengthened Russia’s political regime. The book shows how the combined power of several companies in the gas, oil, electricity, and nuclear energy industry was a key feature of Russian foreign policy, both in bilateral relationships and in support of Russia’s regional position. In this way, Russia’s energy resources were converted to regional influence. The book contributes to our understanding of Russia’s political economy and its influence on foreign policy, and of the formation of policy towards post-Soviet states.
Cross-border Oil and Gas Pipelines and the Role of the Transit Country
Author: E. Omonbude
Publisher: Springer
ISBN: 1137274522
Category : Political Science
Languages : en
Pages : 170
Book Description
With frequent discoveries of energy resources in remote and undeveloped areas, the importance of transnational oil and gas pipelines is set to grow ever more prominent. This study dissects the diplomacy and bargaining power of the transit country and the shifting economic relations involved in cross-border energy transportation.
Publisher: Springer
ISBN: 1137274522
Category : Political Science
Languages : en
Pages : 170
Book Description
With frequent discoveries of energy resources in remote and undeveloped areas, the importance of transnational oil and gas pipelines is set to grow ever more prominent. This study dissects the diplomacy and bargaining power of the transit country and the shifting economic relations involved in cross-border energy transportation.
Host Government Agreements and the Law in the Energy Sector
Author: Hakan Sahin
Publisher: Routledge
ISBN: 0429584792
Category : Law
Languages : en
Pages : 190
Book Description
The energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.
Publisher: Routledge
ISBN: 0429584792
Category : Law
Languages : en
Pages : 190
Book Description
The energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.