Author: André Pereira da Fonseca,
Publisher: Kluwer Law International B.V.
ISBN: 9403506857
Category : Law
Languages : en
Pages : 681
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.
The Regulation of Decommissioning, Abandonment and Reuse Initiatives in the Oil and Gas Industry
Author: André Pereira da Fonseca,
Publisher: Kluwer Law International B.V.
ISBN: 9403506857
Category : Law
Languages : en
Pages : 681
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.
Publisher: Kluwer Law International B.V.
ISBN: 9403506857
Category : Law
Languages : en
Pages : 681
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.
An Introduction to the Regulation of the Petroleum Industry:Laws, Contracts and Conventions
Author: B. Taverne
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 264
Book Description
This new work contains a detailed analysis and description of international and regional conventions, multilateral and bilateral agreements, national laws and regulations, official statements and policy documents, licences, contracts and commercial cooperation agreements concerning the search for and exploitation of petroleum reservoirs. It analyses regulatory activity aimed at providing rules for the orderly conduct of these operations, at maximising the economic, strategic and fiscal benefits and at satisfying legitimate environmental concerns. An Introduction to the Regulation of the Petroleum Industry offers a detailed and accessible analysis of these complex issues and provides essential reading for international consultants and legal professionals negotiating and devising regulatory and cooperative aspects of petroleum operations and for geologists, petroleum engineers and others in charge of petroleum ventures and joint ventures.
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 264
Book Description
This new work contains a detailed analysis and description of international and regional conventions, multilateral and bilateral agreements, national laws and regulations, official statements and policy documents, licences, contracts and commercial cooperation agreements concerning the search for and exploitation of petroleum reservoirs. It analyses regulatory activity aimed at providing rules for the orderly conduct of these operations, at maximising the economic, strategic and fiscal benefits and at satisfying legitimate environmental concerns. An Introduction to the Regulation of the Petroleum Industry offers a detailed and accessible analysis of these complex issues and provides essential reading for international consultants and legal professionals negotiating and devising regulatory and cooperative aspects of petroleum operations and for geologists, petroleum engineers and others in charge of petroleum ventures and joint ventures.
Regulation of the Upstream Petroleum Sector
Author: Tina Hunter
Publisher:
ISBN: 9781783470105
Category : License agreements
Languages : en
Pages : 0
Book Description
This discerning and comprehensive work will be a useful entry point for students embarking on study in petroleum law. Academics will find this timely examination to be an indispensible overview of upstream operations. Practitioners will find this book an illustrative review of the origins of issues surrounding regulatory frameworks in managing natural resources.
Publisher:
ISBN: 9781783470105
Category : License agreements
Languages : en
Pages : 0
Book Description
This discerning and comprehensive work will be a useful entry point for students embarking on study in petroleum law. Academics will find this timely examination to be an indispensible overview of upstream operations. Practitioners will find this book an illustrative review of the origins of issues surrounding regulatory frameworks in managing natural resources.
Petropolitics
Author: Alan J. MacFadyen
Publisher:
ISBN: 9781552385401
Category : History
Languages : en
Pages : 492
Book Description
Winner of the 2014 Book of the Year Award from the Petroleum History Society!The importance of energy to the functioning of any economy has meant that energy industries are amongst the most regulated of industries. What might appear to be purely private decisions are made within a complex and evolving web of government regulations. Petropolitics: Petroleum Development, Markets and Regulations, Alberta as an Illustrative History provides an economic history of the petroleum industry in Alberta as well as a detailed analysis of the operation of the markets for Alberta oil and natural gas, and the main governmental regulations (apart from environmental regulations) faced by the industry. The tools used within this study are applicable to oil and gas industries throughout the world.
Publisher:
ISBN: 9781552385401
Category : History
Languages : en
Pages : 492
Book Description
Winner of the 2014 Book of the Year Award from the Petroleum History Society!The importance of energy to the functioning of any economy has meant that energy industries are amongst the most regulated of industries. What might appear to be purely private decisions are made within a complex and evolving web of government regulations. Petropolitics: Petroleum Development, Markets and Regulations, Alberta as an Illustrative History provides an economic history of the petroleum industry in Alberta as well as a detailed analysis of the operation of the markets for Alberta oil and natural gas, and the main governmental regulations (apart from environmental regulations) faced by the industry. The tools used within this study are applicable to oil and gas industries throughout the world.
Local Content Oil and Gas Law in Africa
Author: Pereowei Subai
Publisher: Routledge
ISBN: 1351068067
Category : Law
Languages : en
Pages : 148
Book Description
Examining local content law and policy in the oil and gas industry, this book uses Nigeria as a primary case study, comparing its approach to countries such as Brazil and Norway which have also adopted local content laws in relation to their gas and oil industries. In considering various aspects of local content law and policy as they apply to the oil and gas industry, the book examines the factors behind the formulation of local content policies by petroleum producing states, and the various strategies they have employed to implement them. It analyses arguments against local content requirements from the perspective of international trade and investment law, and from liberal market economic theorists, who argue against its overall usefulness. The book highlights salient aspects of the oil and gas industry such as regulation, national oil companies, treatment of minorities, and policy formulation and implementation.
Publisher: Routledge
ISBN: 1351068067
Category : Law
Languages : en
Pages : 148
Book Description
Examining local content law and policy in the oil and gas industry, this book uses Nigeria as a primary case study, comparing its approach to countries such as Brazil and Norway which have also adopted local content laws in relation to their gas and oil industries. In considering various aspects of local content law and policy as they apply to the oil and gas industry, the book examines the factors behind the formulation of local content policies by petroleum producing states, and the various strategies they have employed to implement them. It analyses arguments against local content requirements from the perspective of international trade and investment law, and from liberal market economic theorists, who argue against its overall usefulness. The book highlights salient aspects of the oil and gas industry such as regulation, national oil companies, treatment of minorities, and policy formulation and implementation.
Oil and Gas Production Handbook: An Introduction to Oil and Gas Production
Author: Havard Devold
Publisher: Lulu.com
ISBN: 1105538648
Category : Gas fields
Languages : en
Pages : 84
Book Description
Publisher: Lulu.com
ISBN: 1105538648
Category : Gas fields
Languages : en
Pages : 84
Book Description
An Introduction to Federal Environmental Regulations for the Petroleum Industry
Author: Terry G. Gregston
Publisher: Petroleum Extension Service
ISBN:
Category : Business & Economics
Languages : en
Pages : 208
Book Description
Designed to introduce employees, field managers, CEOs, or lay personnel to basic concepts of the federal environmental regulations, this publication summarizes 15 federal environmental regulations and describes their impact on the petroleum industry. Included is a chapter on government documents, information on the ten most common environmental audit problems, a discussion of damage case histories, a chapter on oil spills in water environments, an alphabetical listing of abbreviations, and a glossary of terms.
Publisher: Petroleum Extension Service
ISBN:
Category : Business & Economics
Languages : en
Pages : 208
Book Description
Designed to introduce employees, field managers, CEOs, or lay personnel to basic concepts of the federal environmental regulations, this publication summarizes 15 federal environmental regulations and describes their impact on the petroleum industry. Included is a chapter on government documents, information on the ten most common environmental audit problems, a discussion of damage case histories, a chapter on oil spills in water environments, an alphabetical listing of abbreviations, and a glossary of terms.
Petroleum, Industry and Governments
Author: Bernard Taverne
Publisher: Kluwer Law International B.V.
ISBN: 9403532319
Category : Law
Languages : en
Pages : 389
Book Description
The grave concern of governments for the negative impact on the world climate caused by the release into the atmosphere of CO2 resulting from human activity, and under human control, such as the burning and combustion of oil products from the refinery, of natural gas and coal (the fossil fuels) made it possible for the international community to agree to and establish a global climate agreement, viz. The Paris Agreement of 1915. In order to meet the objectives of this Agreement, governments will try (among other measures) to curb the consumption of fossil fuels. This will not be easy since, in particular in less advanced economies, fossil fuels are for the coming decades indispensable. In more advanced economies, there are alternatives available, but as long as a possible switching to nuclear fission energy meets with public opposition, even the more advanced economies will remain dependent on fossil fuels for the coming decades. In its deeply informed discussion of the involvement of industry and governments with the production and use of petroleum, the prodigious scope of the coverage encompasses the following and much more: technical and environmental aspects of the production of oil and natural gas; position and function of petroleum and natural gas in the economy; government policies and attitudes towards fossil fuels, particularly with respect to climate change; national and international regulation of onshore or offshore petroleum operations; how oil and natural gas markets work; old and new forms and manifestations of political risk; distinction between licence-based and contract-based petroleum legislation; production sharing agreements; and petroleum taxation. The author draws on laws, contracts, government policy documents, trade journals, and statistical data available from international organizations and institutes and international oil companies. Underlying much of the review and discussion are governmental concerns with the prospects for economic alternatives and control of CO2 emissions. The often conflicting policy options open to governments and the consequences, if any, for both oil and natural gas and the petroleum industry are reviewed and discussed. All statistics and projections regarding reserves, production and consumption of oil and natural gas have been updated. Because so much continues to happen in the realm covered by this book, all who depend on its previous editions will need this updated and significantly rewritten edition. An indispensable resource for petroleum policymakers at every level, this book is of special importance and interest to petroleum venture managers, as well as for lawyers, independent consultants, and other professionals who are required to give advice with respect to the economic, regulatory, and cooperative aspects of petroleum operations.
Publisher: Kluwer Law International B.V.
ISBN: 9403532319
Category : Law
Languages : en
Pages : 389
Book Description
The grave concern of governments for the negative impact on the world climate caused by the release into the atmosphere of CO2 resulting from human activity, and under human control, such as the burning and combustion of oil products from the refinery, of natural gas and coal (the fossil fuels) made it possible for the international community to agree to and establish a global climate agreement, viz. The Paris Agreement of 1915. In order to meet the objectives of this Agreement, governments will try (among other measures) to curb the consumption of fossil fuels. This will not be easy since, in particular in less advanced economies, fossil fuels are for the coming decades indispensable. In more advanced economies, there are alternatives available, but as long as a possible switching to nuclear fission energy meets with public opposition, even the more advanced economies will remain dependent on fossil fuels for the coming decades. In its deeply informed discussion of the involvement of industry and governments with the production and use of petroleum, the prodigious scope of the coverage encompasses the following and much more: technical and environmental aspects of the production of oil and natural gas; position and function of petroleum and natural gas in the economy; government policies and attitudes towards fossil fuels, particularly with respect to climate change; national and international regulation of onshore or offshore petroleum operations; how oil and natural gas markets work; old and new forms and manifestations of political risk; distinction between licence-based and contract-based petroleum legislation; production sharing agreements; and petroleum taxation. The author draws on laws, contracts, government policy documents, trade journals, and statistical data available from international organizations and institutes and international oil companies. Underlying much of the review and discussion are governmental concerns with the prospects for economic alternatives and control of CO2 emissions. The often conflicting policy options open to governments and the consequences, if any, for both oil and natural gas and the petroleum industry are reviewed and discussed. All statistics and projections regarding reserves, production and consumption of oil and natural gas have been updated. Because so much continues to happen in the realm covered by this book, all who depend on its previous editions will need this updated and significantly rewritten edition. An indispensable resource for petroleum policymakers at every level, this book is of special importance and interest to petroleum venture managers, as well as for lawyers, independent consultants, and other professionals who are required to give advice with respect to the economic, regulatory, and cooperative aspects of petroleum operations.
Risk Governance of Offshore Oil and Gas Operations
Author: Preben Hempel Lindøe
Publisher: Cambridge University Press
ISBN: 1107025540
Category : Business & Economics
Languages : en
Pages : 457
Book Description
This book evaluates and compares risk regulation and safety management for offshore oil and gas operations in the United States, United Kingdom, Norway, and Australia. It provides an interdisciplinary approach with legal, technological, and sociological perspectives on their efforts to assess and prevent major accidents and improve safety performance offshore. Presented in three parts, the volume begins with a review of the technical, legal, behavioral, and sociological factors involved in designing, implementing, and enforcing a regulatory regime for industrial safety. It then evaluates the four regulatory regimes that encompass the cultural, legal, and other contextual factors that influence their design and implementation, along with their reliance on industrial expertise and standards and the use of performance indicators. The final section presents an assessment of the resilience of the Norwegian regime and its capacity to keep pace with new technologies and emerging risks, respond to near miss incidents, encourage safety culture, incorporate vested rights of labor, and perform inspection and self-audit functions. This book is highly relevant for those in government, business, academia, and elsewhere in civil society who are involved in offshore safety issues, including regulatory authorities and industrial safety professionals.
Publisher: Cambridge University Press
ISBN: 1107025540
Category : Business & Economics
Languages : en
Pages : 457
Book Description
This book evaluates and compares risk regulation and safety management for offshore oil and gas operations in the United States, United Kingdom, Norway, and Australia. It provides an interdisciplinary approach with legal, technological, and sociological perspectives on their efforts to assess and prevent major accidents and improve safety performance offshore. Presented in three parts, the volume begins with a review of the technical, legal, behavioral, and sociological factors involved in designing, implementing, and enforcing a regulatory regime for industrial safety. It then evaluates the four regulatory regimes that encompass the cultural, legal, and other contextual factors that influence their design and implementation, along with their reliance on industrial expertise and standards and the use of performance indicators. The final section presents an assessment of the resilience of the Norwegian regime and its capacity to keep pace with new technologies and emerging risks, respond to near miss incidents, encourage safety culture, incorporate vested rights of labor, and perform inspection and self-audit functions. This book is highly relevant for those in government, business, academia, and elsewhere in civil society who are involved in offshore safety issues, including regulatory authorities and industrial safety professionals.
An Introduction to the Regulation of the Petroleum Industry
Author: Bernard Taverne
Publisher:
ISBN: 9781853337963
Category : Petroleum law and legislation
Languages : en
Pages : 246
Book Description
Publisher:
ISBN: 9781853337963
Category : Petroleum law and legislation
Languages : en
Pages : 246
Book Description