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1
Alsaidi, Abdullah Mohammed. "Petroleum arbitration : applicable law and appropriate arbitral forum (a study of petroleum disputes in Arab countries)." Thesis, Queen Mary, University of London, 2004. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1844.
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Petroleum maintains a primary role in the world energy market as well as in the daily life and livelihood of Arab petroleum countries, since these countries are highly dependent upon revenues from the exploitation and export of this resource. Therefore, the petroleum industry is fraught with conflicts of interests, primarily between developing petroleum exporting countries and petroleum companies sustained by their home states, most of which are developed countries. The majority of disputes have been settled by arbitration, most of which have been controversial. The question of the applicable law to the merits of a dispute is intimately related to the controversies surrounding arbitral tribunals. The prevailing perspective of western scholars during the 20`h century, and still to an extent today, was that host state law was inadequate, and host state courts were partial. Therefore, these scholars held any dispute arising between a host state and a petroleum company should be dealt with as an international dispute and should be settled far away from the host state's court and governed by laws or rules other than that of the host state. This thesis examines the past and present of petroleum arbitration, the perceptions and the practice, and aims to suggest a modified method of determining the applicable law to petroleum disputes. It argues that contrary to the previous allegations, the legal infrastructure of host states has developed over the years and today offers an adequate law to govern the merits of petroleum disputes. It further suggests a semi-localisation approach. The thesis focuses only on arbitration as a method of resolving such disputes, and limits itself to Arab petroleum countries. The thesis argues that petroleum contracts have their own characteristics and therefore should not automatically be subject to the ICSID Convention or to other principles of investment arbitration. The time is ripe for the establishment of a specialised institution to undertake the settlement of disputes arising out of petroleum transactions.
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Nimpongsak, Rachadapon. "Thai petroleum concession contract proposal for revision /." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources. Restricted: no access until March 27, 2014, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=25981.
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Birch, Charles 1971. "Evaluating mining and petroleum joint ventures in Australia : a revenue law perspective." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8960.
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Osei-Hwere, Richmond. "Conflict of interest challenges facing Ghana's Petroleum Commission under the Petroleum Commission Act, 2011 (Act 821) proposals for reform." Thesis, University of Aberdeen, 2015. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=228645.
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This thesis establishes the link between law, democratic governance and the institutional capacity needed for maximum control of hydrocarbon resources by the producer state, with the emphasis particularly on Ghana. The discoveries of hydrocarbon resources under the territorial waters and continental shelf of Ghana has set in motion a review of the pre-existing petroleum legislative framework in the country. The review is aimed at meeting the challenges of the nascent oil and gas industry taking into account modern trends adopted in the management of these resources. Prior to the discoveries, the national oil company, the Ghana National Petroleum Corporation (GNPC) performed the role of commercial participation as well as monitoring and regulation of the industry on behalf of the Ministry of Energy. The GNPC also performed policy advisory functions. The position of the GNPC then could aptly be described as a classic case of conflict of interest. The enactment of the Petroleum Commission Act of Ghana, 2011 (Act 821) has, however, redefined the role of GNPC, as the upstream regulatory role is now performed by the Petroleum Commission in conjunction with allied agencies leaving the national oil company to concentrate on commercial activities. The central goal of the thesis is to analyse the extent to which the present regulatory regime related to the present Petroleum Commission Act suffers from the conflict of interest it was actually designed to resolve and to examine the means available to tackle these conflict of interest challenges drawing lessons where appropriate from mature hydrocarbon producing countries such as Norway, the UK and the USA. It is recognised in this thesis that no state can effectively develop its hydrocarbon resources unless it operates a democratic system of governance that promotes the rule of law, checks and balances, and independence of state institutions. It is, therefore, concluded in this thesis that the reformation of the Petroleum Commission itself in terms of the enabling Act and the internal culture and vii innovations within the Commission holds the key to the insulation of the Commission against conflict of interest risks. It is also concluded that constitutional amendments and statutory interventions that touch on Ghana's democratic governance framework with the aim of strengthening the Commission as an independent public agency are ways of tackling the conflict of interest challenges affecting the Commission. Consequently, proposals are made for reform.
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Sedra, Ali Abu. "The Organisation of Petroleum Exporting Countries : a study of its organisation, policies and legal significance." Thesis, University of Hull, 1998. http://hydra.hull.ac.uk/resources/hull:5896.
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[Summary]: This thesis provides a comprehensive study of OPEC. It seeks to ascertain and analyse the international legal status of OPEC and its characteristics, to examine how OPEC functions and what its stated aims and objectives are, to evaluate the performance of OPEC in the context of these objectives, and to suggest improvements for the future. OPEC was originally established in 1960 by a group of developing oil-producing countries as an institutional response to the need which they all felt to assert their independence and ensure their economic survival. In this context Part One examines and analyses the general pre-history and overall background of OPEC from a variety of different perspectives including but not limited to such relevant areas as international conflicts over the distribution of wealth and power between producers and consumers in particular, and between the developing and developed countries in general. Part Two considers the constitutional legal foundations of OPEC which are to be found in the original OPEC Resolution of 1960 and in its subsequent OPEC Statute (as amended) which defines the Organisation's aims and objectives, its internal structure, its decision-making processes, its financial resources and its dispute settlement procedures. Part Three of the thesis enlarges on this initial survey by examining OPEC's structure, composition, organs and membership in greater detail. Part Four considers OPEC's international legal status and its standing vis-a vis the larger international community and other international organisations. Part Four also considers OPEC in the context of the internationally recognised principle of a state's right to exercise permanent sovereignty over its natural resources, and therefore of the OPEC Members' rights to organise the production, marketing and pricing of their oil resources. Part Four also explores the proposition that although OPEC may not have been founded with the express contemplation of such international legal and economic milestones as the Havana Charter and the General Agreement on Tariffs and Trade (GATT) in mind, it has in fact proved to be quite consistent with International Commodity Agreements (ICAs) in more than one respect, while at the same time displaying characteristics which are uniquely different from a typical ICA. Bearing the above in mind, Parts Five and Six seek to examine OPEC's track record since its inception thirty-eight years ago. Part Five examines the decision-making processes and financial contributions in OPEC, while Part Six then focuses on OPEC's actual policies and resulting activities - and their legal significance. Finally, Part Seven is concerned with a general evaluation of the main features and relative failures and successes of OPEC up to now, as well as with a conclusion as to its future role, including - in order to enhance that role - recommendations as to how OPEC's practices and policy could perhaps be improved in the years to come. (N.B.: A more comprehensive summary appears in the Abstract on pages xi - xiv. )
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Dema, Perisuo. "Structuring of reserve based finance for petroleum production in Nigeria : contractual, regulatory and tax issues." Thesis, University of Aberdeen, 2014. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=214822.
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Lynch, Joyce C. "Petroleum licences/contracts : force majeure and renegotiation issues in relation to the recent oil price collapse." Thesis, University of Glasgow, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.240693.
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Abdelarahim, Abdelarahim Mohamed. "Libya's production sharing agreement in comparison with Iran's buyback contract." Thesis, University of Aberdeen, 2016. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=229380.
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Stephens, Thomas Kojo. "Getting it right : the development of an effective regulatory and policy framework for the management of Ghana's upstream oil industry." Thesis, University of Aberdeen, 2014. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=215548.
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Norwegian practice has largely permeated virtually every aspect of Ghana's oil industry. Extrapolation from Norway has been a step in the right direction as Norway is largely credited with adopting best industry practices in the management of its oil industry. Ghana's regulatory framework has evolved to resemble Norway's. Whilst not all this similarity is by design, that which is not has been reinforced by Norwegian practice. Norway's transparent and effective control of the industry by the Executive affords subordination of the industry's regulatory body to a powerful Ministry, which arrangement is counter-balanced by effective Parliamentary oversight. I posit that in the case of Ghana, the absence of transparency, effective checks and balances in the governmental framework coupled with the potential for rampant abuse of discretionary power, necessitates that real regulatory power is vested not in the Ministry but in a strong, independent regulatory body that exerts proper control over the operations of the oil companies. Though the Executive should naturally be the driving force behind policy and ordering of developments in the industry, the regulatory body must be vested with the necessary independence and powers to effectively regulate operations in the industry devoid of Executive interference and control.
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Saleh, Saleh. "The distributive allocation of transboundary, non-recharging groundwater: what lessons can international petroleum law offer international law relating to groundwater?" Thesis, University of Dundee, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.650095.
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Bayunanto, Alloysius. "Le régime juridique des activités pétrolières en Indonésie." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB183.
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L'exploitation des ressources pétrolières est un moyen de développement important pour les pays exportateurs de pétrole. Toutefois, dans la plupart de ces pays, l'abondance de ces ressources naturelles suscite souvent des interrogations, notamment quant à la gestion des activités d'exploitation et des recettes pétrolières. Aussi, la mise en œuvre de politiques pétrolières appropriées par l'État hôte est un des facteurs principaux dans la réussite du développement du secteur pétrolier. Compte tenu de la situation nationale et internationale, l'Indonésie a mis en œuvre sa politique pétrolière en adoptant des normes juridiques sous forme de lois, de règlements ainsi que de dispositions spécifiques dans des contrats de coopération pétrolière. D'ailleurs, pour mettre en application une gestion efficace des activités pétrolières, l'État indonésien a développé un système fiscal et financier et mis en place des institutions gestionnaires propres à ce secteur. Au cours de l'histoire des opérations pétrolières nationales, l'Indonésie a tenté de trouver le meilleur système pouvant aboutir à un partage des résultats financiers le plus équilibré possible entre les différentes parties prenantes, tout en réformant constamment les normes juridiques, le système fiscal et financier ainsi que les institutions gestionnaires du secteur pétrolierThe exploitation of oil resources is an important way for development in oil-countries. However, in most of these countries, the abundance of these natural resources often raises some matters, especially regarding to the governance of oil activities and management of oil revenues. Therefore, implementation of appropriate oil policies by the host State are the main factors for a successful development in the oil sector. In view of the domestic and international situations, Indonesia expressed its oil policy with the legal norms in the forms of laws, regulations and provisions in oil cooperation contracts. Moreover, to implement effective governance of petroleum activities, the Government of Indonesia has developed a tax and financial system and set up the structure and institutions special. In the history of national oil operations, Indonesia has attempted to find the best system that could give the most balanced revenues sharing to stakeholders by constantly reforming the legal norms, the tax and financial system institutions as well as institutions managers of the oil sector
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Massamba-Animbo, Stephane. "A comparison of the petroleum legislation of gabon and South Africa as instruments of development." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021143.
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The African continent is endowed with vast natural resources of minerals, such as cobalt, diamonds, gold, bauxite, iron, platinum, silver, uranium and mineral oil. Oil is unequally distributed in the continent, with some countries, such as Cameroon, Chad, Congo Brazzaville, Equatorial Guinea, Gabon and South Africa, being particularly well endowed. These natural resources can help accelerate development on the continent, especially in Gabon and South Africa if used strategically. This dissertation gives an overview of the international instruments, which play a key role in petroleum legislation and development. At the global level, the international legal instruments related to the permanent sovereignty over natural resources (PSNR), such as the 1962 Resolution 1803 (XVII) on Permanent Sovereignty over Natural Resources indicates that States have the rights to exploit freely national resources and wealth, use and dispose their natural resources for the realisation of their economic development in accordance with their national interest. The PSNR must be exercised in line with indigenous peoples’ rights and the respect of rules concerning the expropriation. At the African level, with regard to the right to the State to exploit freely natural resources, the African (Banjul) Charter on Human and Peoples’ Rights of 1981 has similar provisions as the Resolution 1803. The African (Banjul) Charter specifies that no peoples can be deprived of the right to dispose their natural resources. The African Commission on Human and Peoples’ Rights is tasked to interpret the African (Banjul) Charter. The Resolution on Human Rights-Based Approach to Natural Resources and Governance has also indicated principles in relation to the governance of natural resources. At the regional level, the Constitutive Treaty of the Central African Economic and Monetary Community (CAEMC) of 1994 and the Southern African Development Community (SADC) Treaty of 1992 do not provide explicit provisions relative to the PSNR and the management of natural resources. Therefore, it is important to examine if at the national level, the domestic instruments of both States deal with the PSNR.
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Ajibo, Chikodili. "Analysis of foreign investment protection regimes in the petroleum sector in Nigeria, 1995-2013 : options for reform." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/analysis-of-foreign-investment-protection-regimes-in-the-petroleum-sector-in-nigeria--1995--2013-options-for-reform(b007b7c8-28ed-4dd3-96b4-5b5846eecf6c).html.
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This thesis examines the current regulatory frameworks for foreign investment protection and reforms thereto in the petroleum sector in Nigeria. The analysis is conducted from international law perspective. Thus, the current regimes of IIAs reflected in both the substantive and procedural terms are bedevilled by unbalanced framework in the allocation of rights and duties to the contracting parties. Strictly speaking, the parties do not set out from the outset to draft an unbalanced terms of IIAs. However, the preponderant inflow of investment from the developed to developing countries almost always make the latter bear the brunt of any unbalanced prescription of the terms of the IIAs. Thus, the definitions of such substantive terms as investment, fair and equitable treatment, umbrella clause, and regulatory expropriation constitute a significant cause of concerns for economic imperatives of the capital importing countries. Similarly, the incessant lack of consideration for the regulatory and economic interest of the host state in the arbitral awards is creating concern among the capital importing countries. Consequently, a re-appraisal of existing regimes becomes necessary both in the substantive definition and the arbitral construction of these substantive terms to ensure a balance of interests in international economic relation. These substantive and procedural terms do not operate in vacuum but apply to host state like Nigeria together with other local investment regulatory rules. Although various studies establish different challenges to foreign investment in Nigeria such as, inter alia, lack of harmonised investment regimes and complicated registration procedures, one issue that is evidently less considered is the institutional influence in the implementation of investment regulation. Thus, institutional factors are the heart of Nigeria investment challenges. These institutional factors mirrors itself in poor human and social capital ratio needed for enhanced service delivery. Thus, for any meaning headway to be made in strengthening the inflow of foreign capital to Nigeria economy, tackling of other challenges is incomplete until human capital development is aligned with social capital development.
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Havemann, Luke Paul. "Greening upstream South Africa : a critical and comparative enviro-legal analysis of the offshore oil and gas activities of the United Kingdom and South Africa." Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=158422.
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This thesis essentially constitutes an analysis of laws designed to protect the marine environment from the pollution arising from the exploitation of offshore oil and gas reserves, Chapter 2 addresses not only the origin and nature of oil and gas, but also the techniques employed in surveying for and producing these energy forms. Chapters 3 and 4, in turn, outline the history of offshore operations in South Africa and the UK, respectively, with regard, inter alia, to the location, size and economic significance of these operations. In order to properly address the South African legal framework's failure to adequately regulate pollution arising from offshore upstream operations, an explanation of the nature and forms of such pollution must first be set out. Chapter 5 analyses the concept of pollution from a legal perspective, while also giving detailed consideration to the various forms of pollution that may arise at each of the three stages of offshore oil and gas operations, which are surveying, drilling and production, and decommissioning. Chapter 6 has a dual focus. Firstly, it discusses particular environmental principles that underpin the development and application of environmentally orientated laws. Secondly, it considers various regulatory techniques and their suitability to environmental regulation of the offshore industry. Chapter 7 provides a detailed overview of the international legal framework applicable to offshore oil and gas operations. Chapters 8 and 9 consider the aspects of the UK's and South Africa's domestic legislation that provide for the environmental regulation of offshore oil and gas operations. Both chapters are structured so as to identify enviro-legal considerations relevant to each stage of offshore upstream operations. Both also contain critiques of the manner in which the relevant South African environmental law compares to that of the UK. To this end, legal lacunae and differences in regulatory approaches are identified and various suggestions are made for improving the current South African state of affairs. An argument is submitted for the formulation of a statutory solution to the South African predicament, particularly by means of the promulgation of an entirely new Act specifically designed to regulate the country's rapidly escalating offshore oil and gas industry.
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Guneyli, Yamac. "Determination Of Environmental Problems Of The Transboundary Pipeline And Applicable National And International Legal Framework." Master's thesis, METU, 2003. http://etd.lib.metu.edu.tr/upload/1055714/index.pdf.
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Regarding historical tendency and today’
s future estimations, the global demand of petroleum is expected to reach a huge amount and this will be supplied by fossil fuels. Turkey&
#8217
s geographic location will make it an optimum route for transportation between the energy-rich Caspian regions, and the energy-consuming nations of Europe. Therefore, the transboundary pipeline, the most efficient means of transporting large quantities of hydrocarbons across long distances over land, will gain importance and the decision of a route through Turkey is a logical selection. However, despite all the security measures, pipelines have caused much significant environmental pollution due to accident, intention or negligence. Law is the major applied tool for compensating this environmental pollution and for determining the liable person or organization. According to international law, the rights and obligations of the source State and potentially affected states should be defined in such a way that all transit states can proceed with their operations. Moreover, the source state acts in compliance with its international obligations and adopts the necessary regulations in order to safeguard that the person in control of a potentially harm-causing activity has to bear the costs of additional measures to comply with those regulations. However, if the source state acts in violation of its international obligations, not the person in control of the activity but the state would be primary liable ex delicto. Equally significant, Turkey requires some changes in the existing laws and additional new regulations for constituting more effective Turkish Liability law and being a reference source for internationally liability law. Regarding hazardous facilities, Turkey needs some common provisions to derive new solution possibilities and to identify some criteria for cases in the future.
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Marong, Alhagi. "The role of law in sustainable development : a case study of the petroleum industry in Nigeria." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19479.
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The giant Pascua Au-Ag-Cu high-sulphidation system is located in the El Indio belt in north-central Chile, and is hosted mainly by Triassic granitic rocks and locally by Miocene breccia bodies. Hydrothermal activity involved two distinct high-sulphidation alteration stages, the later of which was accompanied by main stage mineralization. The early hydrothermal activity consisted of extensive and pervasive advanced argillic alteration, local development of vuggy silica and distal argillic to propylitic alteration. This alteration was locally overprinted by an intermediate stage comprising argillic alteration, silicification and primary jarosite, more or less contemporaneously with the formation of Brecha Central, the main breccia body in the deposit. The superimposed second major hydrothermal event produced significant advanced argillic and vuggy silica alteration. The latter likely formed at pH near 0 owing to the limited buffering capacity of previously altered rocks. Termination of the second stage of alteration coincided with the main Au-Ag-Cu mineralizing event, in which Au dissolved in pyrite and enargite, formed inclusions in these minerals, and precipitated as isolated grains of native gold. Detailed EPMA and SIMS imaging and analyses of pyrite and enargite show that both contain Au, Ag, As, Cu, Se and Te and that their distribution is crystallographically controlled. The main trace element associations in the mineralized pyrite are As-Ag, Au-Cu and Se-Te. I suggest that the first two, As-Ag and Au-Cu, were the result of coupled substitution in the Fe site, whereas Te and Se replace S by direct anion exchange. The nature of the coupled substitutions observed in the gold-bearing pyrite underlines the fact that gold is not necessarily coupled with arsenic as previously thought and that arsenic can behave as a metal in the structure of pyrite. Approximately 55% of the gold in the deposit was scavenged from mineralizing fluids that were mainly under-saturated with respect to native gold and trapped into the structure of pyrite and enargite (50 and 5%, respectively). The remaining 45%, including - 7% as inclusions in sulphides, precipitated mainly in the form of native gold with lesser calaverite for which the gold depositional mechanism is interpreted to be an increase in pH that destabilized AuHS and AuCb". Substantial late-stage Ag-enrichment, characterized by halogen-bearing phases, is evident in the upper parts of the deposit and overprints previous alteration and mineralization. The silver enrichment event is interpreted to represent the waning stage of the hydrothermal system. Secondary leaching and weathering of pyrite, enargite and alunite created two supergene products, one dominated by secondary soluble sulphates such as voltaite, massive coquimbite, chalcanthite, and romerite, and one by jarosite. Abundant sulphides in vuggy silica altered rocks, which lacked the capacity to neutralize later oxidizing fluids, were the main locus of formation of the soluble sulphates. Elsewhere, the pH likely rose above 1, which inhibited precipitation of soluble sulphates and favoured formation of jarosite. Direct-ion SIMS images and trace element analyses of soluble sulphates indicate that these minerals likely contain gold in their structures.
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Üşenmez, Emre. "The UKCS fiscal regime : a proposal for reform." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=233933.
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This interdisciplinary thesis combines economics and law disciplines in examining the current fiscal regime applicable to upstream petroleum activities in the UK with an overarching objective of developing a policy framework for a new fiscal regime that is not only stable enough to avoid future alterations but also sufficiently fair to balance the unaligned imperatives of the investors and the government. Since the initial days of hydrocarbon exploitation in the UK Continental Shelf the fiscal regime was subject to numerous changes in reaction to the dynamics of the time. Most of these changes were brought about in order to incentivise the investors to explore for and get petroleum while attempting to ensure an appropriate share, or fair return, were accruing to the UK economy. The frequency of these changes however increased fiscal instability, making investment into the UK's upstream sector a riskier proposition. In order to develop a stable regime that can also ensure a fair return, therefore, this thesis begins with a brief overview of the fiscal instability and the government's most recent attempt at ensuring an appropriate share. This most recent attempt, the Treasury's Fiscal Review, is a consequence of the review of the entire upstream industry in the UK by Sir Ian Wood. The resultant report of the review, the Wood Report, provides the government's rationale for reform. Using the government position as a guidance, the work then analyses the conditions under which investors are incentivised and ascertains what exactly is meant by an appropriate share, or fair return, for the state. This analysis is carried out using the relevant investment and fiscal theories which, in turn, yields a set of criteria to evaluate the fiscal instruments. Once the criteria are established they are utilised against the fiscal regime that was in place prior to the government's most recent attempt at receiving a fair return. This is not only to assess the extent of the need for reforming the then existing regime but also to understand what was being reformed. The criteria are then employed subsequently in assessing the same for the most recent reforms of the government.
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Moin, Donya. "Toward an appropriate dispute settlement method for resolving petroleum expropriation disputes : treaty-based arbitration or mediation?" Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=236001.
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The settlement of petroleum expropriation disputes has been a challenging issue in the petroleum industry since the earliest cases. The issue, principally, relates to foreign investors' right to investment protection and the sovereign right of states, the clash of which causes such disputes. Striking a balance between these conflicting rights in order to save the disputants' relationship is a critical concern given the interdependent relationship of disputants which manifests itself in a cyclical manner. This in turn highlights the importance of finding a suitable dispute resolution method to reach the most appropriate and balanced resolution from both parties' viewpoint. Impartiality is, in this context, a key element when determining the most suitable method for resolving expropriation disputes. This is so considering that the reason for the abandonment of diplomatic protection and litigation as methods for resolving expropriation disputes was concerns over their partiality towards one of the disputants. Currently, with the proliferation of investment treaties, treaty-based arbitration has become the most popular method for resolving such disputes. However, the suitability of treaty-based arbitration is criticised as a process which is likely to be partial in favour of investors and their investment protection rights. Such a partiality is likely to be found in treaty-based arbitration's origin, substance and procedural aspects. Therefore, it can be argued that there is room for mediation as an alternative dispute resolution method to be adopted and supplemented arbitration for settlement of petroleum expropriation disputes. In fact, mediation enjoys various qualities which makes it especially attractive for such disputes, including its time and cost efficiency, its ability to explore win-win settlement options and to save the disputing parties' relationship, and the flexibility and collaborative nature of the process. More importantly, its self-determination principle is a feature which guarantees the impartiality of mediation. However, mediation, like other dispute resolution methods, is not without its disadvantages. It faces challenges with regard to its voluntary and non-binding nature, confidentiality, its inability to deal with the political overtones of petroleum expropriation disputes, its retarding effect on jurisprudence development and disputants' lack of familiarity with the process. Nonetheless, having proposed some solutions to these shortcomings, this thesis concludes that mediation should be used and encouraged more systematically for resolving petroleum expropriation disputes.
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Munton, Alexander J., and alexmunton@hotmail com. "A study of the offshore petroleum negotiations between Australia, the U.N. and East Timor." The Australian National University. Research School of Pacific and Asian Studies, 2007. http://thesis.anu.edu.au./public/adt-ANU20080103.103318.
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In this thesis I investigate the process of international negotiation to resolve a serious dispute between Australia and East Timor over offshore oil and gas, which arose after East Timors transition to independence in 1999. The central aim is to uncover and analyse the dynamics of the negotiations, and to explain how outcomes were determined. The question of negotiated outcomes is of special significance given the extent to which East Timor was able to move Australia beyond its preferred outcome. In this case, the seemingly weaker party was able to overcome a more powerful bargaining opponent. My aim in writing this thesis is to explain why that was possible and how it was achieved.
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Yeung, Jackson Kit Shing. "Can arbitration & ADR be practically adopted in resolving disputes for oil & gas trading in mainland China?" access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20835917a.pdf.
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Cairncross-, Chinnapyel Nancy. "Can the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry achieve the objective of linking the passing of ownership in the petroleum products that are sold from England to South Africa to the passing of risk in those petroleum products by indicating such intention in their contract of sale?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15184.
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This dissertation aims to focus on whether the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry, specifically the petroleum sector, achieve the objective of linking the passing of ownership in the petroleum products1 sold from England to South Africa, to the passing of risk in those petroleum products by indicating such intention in their contract of sale?
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Moran, Susan Jane. "The influence of the 1968-1975 Congressional reforms on legislative policy-making : the development of the oil-pricing provision of the Energy Policy and Conservation Act (1975)." Thesis, University of Oxford, 1986. http://ora.ox.ac.uk/objects/uuid:3398b8d3-45ae-4706-b094-692a7ba0f827.
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Congressional reform is the focus of my study. Congress (but primarily the House of Representatives) attempted to reform its workings from 1968 through 1975, so it might be more effective in developing comprehensive policies on national issues, and more independent of the executive branch. Reform raised expectations that the legislature would reassert its policy-making role, which had diminished during the preceding thirty years. My study examines the influence of these changes on the congressional decision-making process, including their impact on the important role played by external actors, interest groups and especially the President, who reacted to these changes. The study examines the process through an analysis of the development and passage of the most controversial provision, dealing with oil-price controls (Title IV), of Congress' major energy bill of 1975, the Energy Policy and Conservation Act (H.R. 7014). On 15 December 1975, Congress passed the Energy Policy and Conservation Act (EPCA) which President Gerald R. Ford signed into law on 22 December. The EPCA (Public Law 94-163) extended oil-price controls until 1979. The oilpricing provision had significant national and international economic and political implications. Merely to trace the tortuous chronicle of oil-pricing policy would be informative. But this study will go further by using this account to analyze congressional decision-making in the period immediately following Congress' attempts at reform. My study shows that although reforms eroded old norms and power centres, significantly altering some aspects of congressional decision-making (again primarily in the House), they did not create institutional mechanisms or distribute internal powers in such a way that Congress could independently initiate and develop comprehensive national policies. Congress remained more dependent on the President than many of its members understood. The final substance of the oil-pricing policy reflected the characteristic congressional decision-making process, which had become even more dispersed as it was democratized by reform. The committee system, without a strong executive or party control, divides issues in a way that limits decision-makers' options.
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Bojang, Buba. "The status and expanding role of joint development of common or transboundary oil and gas resources in international law." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=236935.
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The growth and expansion of Joint Development Agreements, which promote the joint development of common or transboundary petroleum deposits between countries with opposite or adjacent coastlines are an indication that the status of the obligation to jointly develop common or transboundary oil and gas resources as a rule of customary international law may no longer be doubtful. This research examines the origin and evolution of Joint Development (JD) to determine its status in international law, including the law of the sea. It also explores the concept of shared natural resources in international law, intending to determine whether common or transboundary oil and gas resources are a part of the family of shared natural resources. It argues that the rule applicable to other shared natural resources such as international rivers, transboundary fish stocks and transboundary groundwater may be extrapolated and applied to common or transboundary oil and gas resources. It gives a detailed, analytical account of the progressive development of the concept of JD and how the International Law Commission (ILC) failed to take this developing trend to the level of codification when it decided in 2009 to discontinue the topic of oil and gas in its programme of work. The research argues that JD of common or transboundary oil and gas resources should now be considered as a settled norm of customary international law.
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Morocco-Clarke, Susan Ayodele. "Improving environmental protection within the Nigerian oil and gas industry : long term national solutions, short term international solutions?" Thesis, University of Aberdeen, 2012. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=186680.
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This thesis carries out a comparative analysis between the modes of operation adopted in the oil and gas industries of Nigeria and developed countries (with an emphasis on the UK), examining in the process, the existing and persistent problem of pollution which has plagued the Nigerian State and gone virtually unchecked for over five decades, and dealing with the lacunae in the law currently in place in Nigeria. This analysis is carried out to ascertain the possibility of improving environmental protection in Nigeria. A course is charted through the history and development of the Nigerian oil and gas industry, extensively reviewing the environmental legal regime adopted in Nigeria, with particular reference to the oil and gas industry. Issues concerning inadequacy of legislation are addressed as well as the knotty problem of proper enforcement and indeed compliance within the industry. Also addressed is the extent to which flaring is a significant problem in Nigeria, as this is responsible not only for huge amounts of environmental pollution, but also for the loss of a considerable amount of revenue for the Nigerian government and populace. Furthermore, this thesis considers the difficulty the Nigerian judiciary has in maintaining its impartiality and the problems of corruption as well as the judicial approaches to powerful economic actors. Parallels of the Nigerian oil industry are drawn with the exploration and production processes of oil companies operating in the United Kingdom. As a consequence, this work puts forward possible solutions for the adoption of sustainable practices successfully utilised in developed countries which have not been replicated in Nigeria.
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Nwete, Bede. "The role of soft law in oil and gas project development in developing countries : a study of how this impacts social-legal risks management in the oil and gas industry." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=234033.
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Yiallourides, Constantinos. "Joint development of oil and gas resources : the way forward in disputed waters." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=231747.
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The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime claims. Bilateral consultations and negotiations have been unable to prevent occasional flare-ups and, as tensions remain significantly high, it may not be long before one of the not infrequent confrontations spirals out of control. The existing status quo in each case is unstable and does not favour either side, both from the perceptive of contaminating bilateral relations as a whole, but also to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy resources in the contested waters. Indeed, while important discoveries of commercial hydrocarbon accumulations have been made, and in fact, some of them are currently being developed in the peripheries of the East China Sea and the Aegean, the full mineral potential of the contested areas remain unproven and unrealised due to the ongoing maritime and territorial conflicts. That being the case, the debate surrounding these two conflicts has progressed to the point where there is an urgent need for a meaningful discussion on finding a practical way forward. It is the purpose of the present thesis to address this need, first, by undertaking a detailed analysis of these disputes on the basis of the legal rules and principles of international law and; second, by critically evaluating possible institutional designs of interstate cooperation on the exploitation of offshore oil and gas resources in disputed areas. This thesis considers that because of the near-impossibility of settling the maritime and territorial disputes in the East China Sea and the Aegean, at least in the short term, and the remote possibility of meaningfully utilising the resources in the given areas while these conflicts persist, provisional interstate cooperation in the form of joint development constitutes the best alternative course of action for disputing states to coordinate the exploration and exploitation of resources without having resorted previously to boundary delimitation settlement. On the basis of the above analysis, this thesis discusses the prospect of realising joint development regimes in the East China Sea and the Aegean and their appropriate institutional design in the light of the legal, historical, political, and geographical characteristics of the disputes in question. The overall aim of the present study is to discern useful guidelines that can be used to inform and support diplomatic discussions on bilateral cooperation over disputed seabed energy resources by addressing three key objectives: - Better understanding of the longstanding East China Sea and Aegean maritime boundary disputes under the rules of the public international law of the sea, as developed to date having regard to international jurisprudence and state practice. - Conceptualisation and better understanding of the legal characteristics and functional benefits of joint development regimes. - Critical evaluation of variations in the design of joint development regimes having regard to successful or unsuccessful precedents in the practice of states.
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Dike, Samuel Chisa. "Legislating security of supply of petroleum resources in Nigeria : current practice, new direction and lessons from Brazil, Norway and the UK." Thesis, University of Aberdeen, 2014. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=211108.
Full textAbstract:
Security of supply of petroleum is a serious challenge in Nigeria that seems to lack any known legal remedy. It is a paradox that Nigeria is experiencing inadequate supply of petroleum resources for domestic consumption despite the abundance of oil and gas reserves in the country. Past efforts in the search for solutions through which to address this challenge have largely been political, quick fixes and episodic in nature. This research aims to address this challenge by looking for a possible solution towards the direction of the law-Petroleum Act 1969, which fundamentally regulates the industry. This is because the Act has failed to significantly contribute to the availability, reliability, affordability and sustainability of petroleum operation in Nigeria, the factors of which Elkind collectively identifies as elements of ‘energy security'.The research will undertake a critical appraisal of the 1969 Act and this is with a view to evaluating why it has failed to make any significant contribution to the security of supply of petroleum for domestic purposes. In conducting this analysis, the elements of the Petroleum Acts of Brazil, Norway and the UK will be examined. The objective of this approach is to draw specific lessons which will enrich the recommendations to be made towards the reform of the 1969 Act. The research will, in addition, analyse the new Petroleum Industry Bill (PIB) 2012, to see if there are further improvements to or significant departures from the current provisions of the Act regarding the security of supply of petroleum resources. My argument is that the Act has not sufficiently contributed to security of supply and the PIB would make only minimal improvements. Therefore, further radical reform, which needs to build upon the lessons from other jurisdictions considered in this research, is required.
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Pereira, Eduardo Guedes. "Oil and gas joint operating agreements : controlling the risk to the non-operator." Thesis, University of Aberdeen, 2011. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=184009.
Full textAbstract:
Joint Operating Agreements (JOA) are well accepted standard agreements in the oil and gas industry. The basic aim of any JOA is to regulate the relationship of the parties in the Joint Venture: Operator and Non-Operators. The former is responsible to perform the operations on the behalf of the consortium and the latter is responsible to contribute with regards to the financial commitments and expenses of the Joint Venture. However, Joint Operation Agreements typically do not reflect the Non-Operator's perspective, as they traditionally focus on the strong position retained by the Operator. This reality is very clear as the most critical clauses (namely management of operations, limitation of liabilities and removal of the Operator) strengthen the Operator's position, often to the detriment of the Non-Operators. In consequence, such an unbalanced agreement can cause uncertainly, raises the potential for litigation and might even jeopardize the very existence of the consortium. It is important to note that some parties might still sign such an imbalanced agreement in order to secure investment into a project but they will be subject to these risks, and even ultimately termination of the agreement. However, the decline of production and the lack of new reserves (which together reflect the maturity of an oil and gas area) will lead major companies to leave such region in search for a province with greater rewards. As a matter of consequence, the strongest party of the JOA shall be replaced by smaller companies so as there will be a shift on the JOA context from a dominant position for another in equitable terms. Consequently, there is a need for a new and more balanced approach to the negotiation of Joint Operating Agreements, to apply to new, current operations and mature operations, where the Non-Operator's perspectives are fully considered and properly addressed.
29
Gordon, Greg. "The legal management of risk in oil and gas operations upon the United Kingdom continental shelf." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=231443.
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This thesis is concerned with the legal management of risk in oil and gas operations upon the United Kingdom Continental Shelf. The work focusses in particular upon geological risk, political risk and the regulatory and commercial risks pertaining to major accidents. Geological risk relates to the fact that generally, oil and gas is concealed within geological formations in the deep underground. Exploration activity is, as a result, both difficult and expensive. The thesis considers the extent to which the UK's chosen licensing system has struck an appropriate balance on who should bear the risk of failure of such operations. Political risk involves (on the one hand) the risks faced by investors in interacting with the state and (on the other) the risks faced by the state when designing its regulatory system. Investors are in a precarious position due to the high level of capital investment and long-term nature of oil and gas operations: they are therefore concerned to ensure stability and autonomy of operation. The state, on the other hand, is concerned that it is not taken advantage of by the (usually more knowledgeable) industry player when designing its regulatory system. The risk of major accident is reflected both in regulation of health, safety and the environment and in the contractual arrangements entered into by commercial entities in order to determine which party should bear ultimate liability in the event that an accident causes wide-spread loss. Having regard to the example of the law applied on the UK continental shelf, the thesis demonstrates that while risk can never be wholly removed from oil and gas operations, the law can be effectively used to mitigate risk and thereafter to facilitate he appropriate distribution of such residual levels of risk as remain.
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Tungaraza, Joseph Mtebe. "Legal reform of oil and gas law in Tanzania in relation to foreign direct investment." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4772.
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Magister Legum - LLMThe objective of this study is to analyse the law relating to exploration and production of oil and gas in Tanzania in relation to the protection of FDI. The analysis will be based on the international standards for the protection of FDI. Some of these standards are contained in international instruments and some of them have attained the status of customary international law. Examples of such standards include: Fair and Equitable Treatment (FET), Full Protection and Security (FPS), non-arbitrariness and non-discrimination, among others. Some international instruments to be referred to include the 1992 World Bank Guidelines on Treatment of FDI and the CERDS.
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Umejesi, Ikechukwu. "Land use, compensational justice and energy resource extraction in Nigeria: a socio-historical study of petroleum and coal mining communities." Thesis, University of Fort Hare, 2010. http://hdl.handle.net/10353/344.
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Scholarly and public analyses of state-community conflict in resource-rich communities, especially in Nigeria, often portray the compensational practices of the state and extractive enterprises as unjust and unsustainable. According to this view, at least three issues foreground the “unjustness”, namely: a) Inadequate compensation of land owners when land is expropriated or degraded in the process of natural resource exploration and production; b) inadequate periodic rents paid by extractive firms to land owners; and c) lack of, or inadequate socio-economic infrastructure in the host communities of extractive operations. Most analysts have therefore argued for a revamp of the compensation system and have presented the inadequacy of compensation as the underlying cause of conflict in Nigeria‟s mining communities (see Frynas, 2000b:208; Okoji, 2002:205). This thesis subjects the compensation discourse to a closer examination, especially against the backdrop of underdevelopment, pervasive poverty, environmental damage and continuing corporate-community conflict in Nigeria‟s resource-rich rural communities. The main argument is that, because of some of its underlying neoliberal assumptions, much of the compensation discourse is flawed – which is why the discourse obscures the true character of state-community and corporate-community conflict. This more so, because the discourse relies mainly on post-colonial (that is, post-1960) experiences and contemporary advocacy literature, ignores the interplay between history and contemporary developments in state-community relations, and treats compensation as an independent variable. Drawing on the concept of collective memory, and utilising historical, ethnographic and survey data from two of Nigeria‟s oldest petroleum and coal-mining communities, the thesis examines how the evolution of the Nigerian state and collective memory about aspects of that evolution have shaped state-community relations in the extractive sector. It situates state- iii community resource-related conflict within the wider socio-historical matrix of state and community contestations for ecological and natural resource sovereignty. The key finding of the thesis is that within the context of socio-ecological rights, compensation demands by local communities are textured. In the case of the communities selected for the study, such demands are often made outside, rather than within, local ethnographic ideas of “justness” and “fairness”. Hence, land-related grievances associated with natural resource extraction persist, regardless of whether or not local demands for compensation are “adequately” met by the state and extractive corporations. The thesis enriches and extends our understanding of natural resource conflict by privileging both the sociological and historical contexts of the conflict and raising questions about the dominance the state enjoys over local communities and indigenous ecological spaces.
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Grassi, Viviane. "Gestão de riscos ecológicos na exploração de petróleo na camada do pré-sal : as tomadas de decisão a partir do princípio da precaução." reponame:Repositório Institucional da UCS, 2015. https://repositorio.ucs.br/handle/11338/978.
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A presente pesquisa trata da gestão de riscos ecológicos na exploração de petróleo na camada do Pré-sal, com enfoque na incidência do princípio de precaução, bem como na abertura dos processos decisórios à participação da sociedade. O trabalho começa com a análise dos instrumentos definidores da matriz energética advinda do petróleo brasileiro, no contexto da recente descoberta de grandes fontes desse combustível fóssil. Pretende contribuir com a reflexão crítica sobre a possibilidade de redução dos riscos ecológicos por meio da participação social, diante das incertezas científicas decorrentes das técnicas para exploração deste recurso. A análise utiliza as lentes teóricas do princípio da precaução, avalia os instrumentos participativos promovidos pela ANP (audiências e consultas públicas), após a descoberta do petróleo da camada do Pré-sal. Para dar resposta ao anseio inicial foi utilizado o método indutivo, que contemplaram: a pesquisa bibliográfica, no sentido de oferecer embasamento teórico acerca dos princípios de direito ambiental aplicáveis; a pesquisa legislativa, apresentando de maneira panorâmica o marco regulatório; e a pesquisa documental e exploratória a partir das publicações oficiais dos comitês e conselhos de Ministérios e agências reguladoras, acerca da gestão de riscos, no contexto dos processos decisórios na matriz energética petrolífera. Verificou-se que, além de não haver incentivo público para a participação da sociedade nos processos decisórios na Produção e Extração (P&E) de petróleo, não há participação efetiva em audiências/consultas públicas da sociedade. Nestes procedimentos, de acordo com as sumulas pesquisadas, há apenas a participação de representantes de petrolíferas nacionais e internacionais, institutos e associações da iniciativa privada e da Petrobrás. Conclui-se que há um déficit de participação popular na tomada de decisões em políticas públicas concernentes à matriz energética.Submitted by Ana Guimarães Pereira (agpereir@ucs.br) on 2015-08-10T19:06:54Z No. of bitstreams: 1 Dissertacao Viviane Grassi.pdf: 1476896 bytes, checksum: e970e93ed81b24088f7144b015a066dc (MD5)
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The present research deals with the management of ecological risks in exploration of oil in the pre-salt layer, focusing on the incidence of the precautionary principle, as well as at the opening of the decision-making processes for the popular participation. The study starts with the analysis of the instruments defining the energetic matrix from the Brazilian petroleum, in the context of the recent discovery of large sources of fossil fuel. Intends to contribute to the critical reflection on the possibility to reduce ecological risks through social participation, given the scientific uncertainties arising from techniques for exploitation of this resource. The analysis uses theoretical lenses of the precautionary principle, evaluates the participatory instruments promoted by ANP (hearings and public consultations), after the discovery of oil in the pre-salt layer. In response to the initial yearning, were used the inductive method that contemplated: the bibliographical research, in order to offer theoretical basis about the principles of environmental law applicable; legislative research, presenting the regulatory framework; and the documentary and exploratory research, using official publications of the committees and councils of ministries and regulatory agencies, about risk management in the context of decision-making on oil energy matrix. It was found that there was no public incentives for the participation of society in decision-making processes in the oil production and extraction. It was also noticed, in addiction, there was no effective participation in hearings/public consultations of the society. In these procedures, according to the searched overviews, there were only the participation of representatives of national and international oil companies, institutes and associations of private enterprise and of Petrobras. It is concluded that there is a deficit of popular participation in decision-making in public policy concerning the energy matrix.
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Van, der Schyff Elmarie. "The constitutionality of the Mineral and Petroleum Resources Development Act 28 of 2002 / Elmarie van der Schyff." Thesis, North-West University, 2006. http://hdl.handle.net/10394/1663.
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The Mineral and Petroleum Resources Development Act 28 of 2002
(MPRDA} is premised on the principle that minerals are part of the
natural heritage of all South Africans. Section 3 of the MPRDA
articulates the core of the new mineral law dispensation. Through the
provisions of the said section, new concepts are introduced to the field of
mineral law previously governed by the South African common law
system of private ownership, based on Roman-Dutch principles.
The study focused on section 3 of the MPRDA and the consequences
ensuing from its implementation. Consequently, a historical overview of
the development of South African mineral law was followed by an
exposition of the development of the constitutional property concept. It
was concluded that mineral rights from the previous dispensation
constitute property protected by section 25 of the Constitution. It was
also found that the development encapsulated in the MPRDA in respect
of the ownership of the country's unsevered minerals, is indicative of the
decline of private property. It is substituted by a line of thought which
recognises that certain interests 'are held in common' by the nation.
This idea is also found in inter alia the National Water Act 36 of 1998
and the National Environmental Management Act 107 of 1998.
This led to the next section of the research where the concept of
custodial sovereignty as manifested in the Anglo-American public trust
doctrine was studied. It was apparent that the public trust doctrine is a
legal construct whereby ownership of certain assets vests in the state, to
be administered on behalf of the nation and generations yet to come.
The historical survey of the Roman concepts of res publicae and res
omnium communes indicated that although this doctrine is not part of
South Africa's common law heritage, principles underlying the doctrine
found application in South African law in respect of the seashore. The
conclusion was reached that the doctrine has indeed been incorporated
in South African mineral law by the MPRDA, constituting a new mineral
law regime in the country.
Due to the fact that a new mineral law dispensation was introduced,
mineral rights as they existed in the previous mineral law dispensation
were annihilated. It was, therefore, necessary to determine whether this
annihilation resulted in the expropriation of property. Consequently the
content of the concept 'expropriation' was studied in order to determine
whether the previously held mineral rights were expropriated. The study
indicated that expropriation entails the acquisition of property by the
state, but that ample room exists for the development of the concept of
constructive expropriation. Based on the information gained on the
concept of expropriation, the consequences ensuing from the MPRDA
for the holders of common law mineral rights and old order rights and the
impact of the MPRDA on ownership of landowners were analysed. It was
indicated that the extent of the deprivation brought about by the MPRDA
varies between expropriation and the regulation of mining activities. The
significance of section 3 of the MPRDA for the people of South Africa
was analysed and it was found that the newly introduced doctrine can be
applied to the advantage of the nation as a whole.
A separate section of the research entailed a limited comparative
analysis of Canadian mining law that focused on constitutional
jurisdiction over minerals in the Canadian mining regime and the taking
of property interests in minerals. It is proposed that the South African
expropriation concept should develop along the lines followed in
Canadian jurisprudence.
After considering the abovementioned aspects, the final conclusion of
the study is that the concepts introduced by and the consequences
emanating from the implementation of section 3 of the MPRDA are
constitutionally justifiable.Thesis (LL.D (Indigenous Law)) -- North-West University, Potchefstroom Campus, 2007.
34
Hartzer, Suzette. "The liability of historical mine authorization holders for rehabilitation / Suzette Hartzer." Thesis, North-West University, 2009. http://hdl.handle.net/10394/8386.
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Historically, irresponsible mining companies have escaped their duty to
rehabilitate. The Mineral Petroleum Resources Development Act does not oblige
mining companies to rehabilitate if their operations ceased before the Minerals
Act came into force. In the court case De Beers Consolidated Mines v Ataqua
Mining (Pty) Ltd and others 2006 1 SA 432 (T), the court held that the Mineral
Petroleum Resources Development Act is not applicable to tailings dumps that
were created through mining that had been conducted under the Minerals Act.
This ruling leaves unanswered the question about who would be liable to
rehabilitate old order tailings dumps once such tailings dumps are re-mined or
not mined at all. The aim of this dissertation is to determine whether companies
that ceased mining operations before the Mineral Petroleum Resources
Development Act came into effect could be held liable for rehabilitation by
introducing the scenario that applied in the De Beers court case.Thesis (LL.M. (Environmental Law))--North-West University, Potchefstroom Campus, 2010
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Ruivo, Fabio de Moraes. "Descomissionamento de sistemas de produção offshore." [s.n.], 2001. http://repositorio.unicamp.br/jspui/handle/REPOSIP/263662.
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Orientador: Celso Kazuyuki MorookaDissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Engenharia Mecanica
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Resumo: Nos últimos anos, o descomissionamento dos sistemas de produção offshore vem progressivamente ganhando importância no planejamento industrial e governamental. Embora vários trabalhos publicados avaliem algumas técnicas e os potenciais problemas e riscos relacionados ao final da vida produtiva desses sistemas, as operações de descomissionamento são relativamente inovadoras, principalmente nos campos brasileiros, pois só agora a indústria nacional está começando a lidar com o final da vida produtiva de seus campos de exploração e produção de petróleo e gás. Primeiramente, esta dissertação compreende uma revisão sobre a experiência internacional sobre o processo de descomissionamento baseada, principalmente, nas regiões do Mar do Norte (Reino Unido e Noruega) e Golfo do México (EUA). Após, apresenta qual seria a metodologia para se obter a 'Melhor Opção Factível para o Descomissionamento'. Na seqüência, são apresentadas as principais etapas do processo de descomissionamento, descrevendo-as. Finalmente, são discutidas algumas inferências sobre aspectos ambientais e econômicos envolvidos no processo de descomissionamento. Em suma, a principal intenção desta dissertação é motivar um amplo debate das questões tratadas e, também apresentar algumas das novas tendências em relação ao descomissionamento de instalações offshore
Abstract: Decommissioning offshore installations have been progressively increasing the concern of the industry, government and other stakeholders through the last years. Although several works published address to some techniques and to potential problems and risks related to cessation of the productive life of these systems, its decommissioning operations are in some extent an innovative issue. This is especially true in Brazilian's fields, since national industry is just beginning to deal with the end of productive life of its exploration and production petroleum and gas fields. Firstly, the present dissertation comprehends a review of decommissioning offshore international experience mainly based on European (UK and Norway) and North American (Gulf of Mexico) scenarios. Then, it presents which may be the methodology to achieve the 'Best Practicable Decommissioning Option. Following, the paper references to the main stages of decommissioning process, describes them. Finally, it is discussed some inferences about environmental and economics aspects involved in decommissioning process. To sum up, the main ambition of this dissertation is to stimulate debate about the pertinent issues as well illustrate some of the new trends concerning decommissioning offshore installations
Mestrado
Exploração
Mestre em Ciências e Engenharia de Petróleo
36
Dahle, Thorvald. "No Time for Stolen Yard Gnomes: Changing Styles of Policing during an Oil Boom." Diss., North Dakota State University, 2016. http://hdl.handle.net/10365/25666.
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Western North Dakota law enforcement agencies have experienced dramatic changes in the policing landscape as a result of an oil boom. These agencies were forced to deal with a rapidly growing population that brought different cultural expectations and a substantial rise in crime. Using Klinger?s (1997) framework of formal and informal policing behaviors, the current study explores how policing styles have changed in these agencies. Researchers interviewed 101 officers from eight agencies to determine how the oil boom impacted the way they conduct their work, interact with citizens, and handle calls for service.
37
Oguz, Ender. "The Liberalization Of Downstream Oil Industry In Turkey." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607879/index.pdf.
Full textAbstract:
This study attempts to analyze the deregulation process of downstream oil industry in Turkey and to develop policies concerning Turkish downstream oil industry. Privatization of Petrol Ofisi and TÜPRAS and the enactment of the Petroleum Market Law in 2003 were the main implementations of radical deregulation process of downstream oil industry. The main goal of deregulation process has been to create a competitive market. However, establishment of a competitive downstream oil industry has not been achieved, yet. Despite the price liberalization, price competition between distribution companies has not been realized, so far. TÜ
PRAS was transformed to a private monopoly through the privatization. Moreover, price liberalization has increased both the refining margins of TÜ
PRAS and distribution margins of distribution companies at the expense of consumers. A comprehensive competition policy about downstream oil industry should be developed immediately. Furthermore, due to its poor performance since 2003, Energy Market Regulatory Authority&rsquo
s (EMRA) responsibilities in downstream oil industry should be removed and a new regulatory authority which will solely interest with petroleum sector should be established.
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Soares, Pedro Lucas de Moura. "A tutela constitucional da explora??o de petr?leo em ?guas internacionais em face do princ?pio do desenvolvimento sustent?vel: a possibilidade de responsabiliza??o civil do dano futuro." Universidade Federal do Rio Grande do Norte, 2012. http://repositorio.ufrn.br:8080/jspui/handle/123456789/13955.
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Previous issue date: 2012-12-10Universidade Federal do Rio Grande do Norte
The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atl?ntico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage
As exig?ncias requeridas por uma Sociedade fadada ? produ??o constante de riscos globais, cujos efeitos n?o s?o percebidos imediatamente, exigem do Direito uma nova Teoria do Risco que ofere?a uma prote??o ambiental mais completa, e da mesma forma seja compat?vel com os ideais de efici?ncia econ?mica requeridos pela Ind?stria moderna. Com a expans?o dos m?todos e tecnologias no que diz respeito ? explora??o e produ??o de petr?leo, h? tamb?m a constante amplia??o das fronteiras explor?veis, notadamente em ?guas ultra-profundas com a Camada Pr?-Sal, no Brasil, ou as ainda incipientes pesquisas de n?dulos polimet?licos e outros recursos minerais em ?guas internacionais, na ?rea, a exemplo do Atl?ntico Sudoeste pelo Programme on Ocean Science in Relation to Non Living Resources (OSNLR), um estudo global compartilhado com a Intergovernamental Oceanographic Commission, da UNESCO (IOC UNESCO) e com a Division of Ocean Affairs and Law of the Sea (UNDOALOS). Dessa maneira, almeja-se analisar a correla??o existente, e as eventuais colis?es, entre o direito ao meio ambiente equilibrado e o livre exerc?cio da atividade econ?mica, bem como a ocorr?ncia de dano ambiental na perspectiva das atividades de explora??o de petr?leo e de outros recursos naturais em ?guas internacionais, especificamente na ?rea, sob a luz do princ?pio constitucional do desenvolvimento sustent?vel e sua legitima??o pela tutela internacional do meio ambiente. Assim, pretende tamb?m o presente trabalho avaliar o regime jur?dico da explora??o e produ??o de petr?leo em ?guas internacionais, notadamente na ?rea, e avaliar, nesse contexto, como podem os instrumentos e mecanismos constitucionais de prote??o ambiental imiscuir-se na esfera de internacional prote??o ao meio ambiente como forma de garantir ?s presentes e futuras gera??es um meio ambiente ecologicamente equilibrado, previsto no artigo 225 da Constitui??o Federal, mesmo diante de tantos riscos apresentados pela atividade de explora??o e produ??o de petr?leo em ?guas internacionais. Nesse ?nterim, pretende-se, ainda, investigar a possibilidade de responsabiliza??o futura do dano ambiental como forma de garantir esse postulado constitucional e, para tanto, ambiciona-se delimitar o conceito de dano ambiental e suas implica??es diante do princ?pio constitucional da prote??o ao meio ambiente. Diante de tudo o que fora exposto, pretende este trabalho contribuir para a evolu??o da nova Teoria do Risco Ambiental, transformando o Direito em algo mais que um elemento corretivo ou punitivo nessa sociedade, mas que seja um instrumento jur?dico de gest?o de riscos, podendo ser acionado antes mesmo da consolida??o do dano
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Vescovi, Thaiz da Silva. "Hidrocarbonetos como patrimônio comum da humanidade e a obrigatoriedade de pagamento de royalties de acordo com a Convenção das Nações Unidas sobre o Direito do Mar de 1982." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/106/106131/tde-18042016-130251/.
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VESCOVI, Thaiz. Hidrocarbonetos como patrimônio comum da humanidade e a obrigatoriedade de pagamento de royalties de acordo com a Convenção das Nações Unidas sobre o Direito do Mar de 1982. 2015. 133f. Tese (Doutorado em Ciências) Programa de Pós-Graduação em Energia da Universidade de São Paulo, São Paulo, 2015. O trabalho busca verificar os aspectos de regulação internacional do petróleo, mais precisamente àqueles previstos na Convenção das Nações Unidas sobre o direito do mar de 1982 no que tangem à obrigatoriedade do pagamento de royalties advindos da exploração dos hidrocarbonetos nas plataformas estendidas pelo estado brasileiro às Nações Unidas. Utiliza o método dedutivo e o tipo de pesquisa exploratório e comparativo. Na introdução, apresenta a problemática e sua importância e propõe uma divisão do trabalho em seis capítulos. No primeiro capítulo, discorre sobre os institutos jurídicos do direito internacionais do mar, salienta a origem, conceitos, os traços e as características marcantes do direito internacional do mar por meio de princípios e fontes, traçando as premissas do trabalho. No segundo capítulo, discorre sobre a Convenção das Nações Unidas sobre o direito do Mar de 1982, apontando quais são as partes legítimas, os requisitos e fundamentos para pagamento dos royalties, as características das plataformas continentais geológicas e sua classificação, o pagamento como mecanismo de garantia dos direitos humanos, fundamentais, sociais, bem como sua destinação, analisando os órgãos criados pela Convenção: a Comissão de limites da Plataforma Continental, a Autoridade de Fundos Marinhos, e o Tribunal do Mar. O terceiro capítulo cuida do cenário atual estadunidense no que diz respeito à exploração de recursos da plataforma ampla, tratando dos aspectos históricos e jurídicos, o posicionamento do Poder Executivo versus Poder Legislativo e dos casos concretos de exploração petrolífera no Ártico e no Golfo do México. O quarto capítulo, por sua vez, trata do caso brasileiro, abordando os aspectos históricos e jurídicos, a legislação interna e internacional sobre o direito de exploração dos recursos naturais, além de questões diplomáticas. O quinto capítulo traz uma abordagem comparativa imparcial sobre o posicionamento escolhido pelos dois países e analisa os possíveis cenários futuros. Feita a análise, a tese conclui que são dois caminhos que podem ser seguidos no que diz respeito ao tema: no primeiro cenário, o país permaneceria Estado-parte da CNUDM, podendo obter a extensão e exploração de sua Plataforma Continental, exercendo seus direitos de exploração da Área, podendo, todavia, insidir no pagamento dos royalties futuramente. Em um segundo cenário, o país não Estado-parte da CNUDM, atuaria em cooperação com os países fronteiriços signatários da Convenção, para explorar sua Plataforma Continental estendida, todavia, sem existir a possibilidade de requerer a extensão e legitimidade para exploração da Área pelas regras da Convenção.The present work searchs to verify the aspects of international regulation of oil, more specifically those contained in the United Nations Convention on the Law of the Sea in 1982 that refer to the obligation to pay royalties arising from the exploitation of hydrocarbons in the extended platforms by the Brazilian government to the United Nations. The deductive method and the type of exploratory and comparative research were used. In the introduction it was presented problematic, its importance and the division of the work in five chapters. The second chapter discoursed the aspects of legal institutions of the international law of the sea, stresses the origin, concepts, traits and salient features of the international law of the sea through principles and sources, tracing the work premises. The third chapter discusses the UN Convention on the Law of the Sea of 1982, pointing out what are the legitimate parties, requirements and grounds for the payment of royalties, the characteristics of the geological continental shelves and their classification, and the payment as a mechanism of human rights protection, fundamental, social and heritage of humanity, as well as its destination, bringing aspects of the Commission on the Continental Shelf limits, the Seabed Authority and the International Tribunal for the Law of the Sea. The fourth chapter deals with the US current situation with regard to the exploitation of resources of the broad platform, dealing with historical and legal aspects, the position of the executive power versus legislative power and of individual cases of oil exploration in the Arctic and the Gulf of Mexico. The fifth chapter does the same analysis described above, now related to the breach of the Convention and its legal consequences, addressing the historical and legal aspects, the domestic and international law on the right of exploitation of natural resources, and diplomatic issues. Finally, the sixth chapter provides an unbiased comparative approach to the positioning chosen by the two countries and analyzes the possible future scenarios. After this analysis, the thesis concludes that there are two paths that can be followed with regard to the issue: the first scenario, the country would remain state party to the UNCLOS and can get the extension and exploitation of their continental shelf, exercising their rights exploration of the \"Area\", although they may have to cover the payment of royalties in the future. In a second scenario, the country there is not state party to the UNCLOS would act in cooperation with the signatory countries bordering the Convention, to explore its extended Continental Shelf, however, there would not be possibility to request the extension and legitimacy to exploitation of the \"Area\" by the rules of the Convention.
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Matthiesen, Henning [Verfasser], Jörg Philipp [Akademischer Betreuer] Terhechte, Thomas [Gutachter] Schomerus, and Thomas [Gutachter] Wein. "The Interplay Between European Merger Control Law and the Liberalisation of European Electricity, Natural Gas and Petroleum Markets : A Critical Assessment of Market Opening Incidental Provisions within the Relevant Decisions of the European Commission / Henning Matthiesen ; Gutachter: Thomas Schomerus, Thomas Wein ; Betreuer: Jörg Philipp Terhechte." Lüneburg : Leuphana Universität Lüneburg, 2021. http://d-nb.info/1226425615/34.
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Fehr, Ben Steven. "The Multifaceted Nature of Consulting: My Experience as an Environmental Scientist at Amec Foster Wheeler." Miami University / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=miami1513799359516965.
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Oliveira, Robson de. "Contabilidade ambiental : evidencia????o de eventos econ??micos de natureza ambiental pelas empresas do setor qu??mico e petroqu??mico." FECAP - Faculdade Escola de Com??rcio ??lvares Penteado, 2005. http://132.0.0.61:8080/tede/handle/tede/649.
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Previous issue date: 2005-08-29The companies, as integrant part of the society, are being forced to meet environmental goals, besides the economical ones, demonstrating that besides the economical return generated to the shareholders, they are also creating social return to the communities where they are located. Environmental Accounting is the system of information which main aim is to gather, measure and disclose the environmental transactions seeking to exercise the important role of communication vehicle between company and society. In this context, the accounting statements deserve attention and special study, regarding that they represent the main disclosure channel of economic-environmental items of which the Accounting uses. The objective of this work was to analyze a sample of accounting statements published in Brazil with the objective of verifying how the investments, liabilities and environmental costs have been disclosed. Unhappily, the accounting statements of this companies had revealed little adequate to the new necessities of the users of the accounting information, and parallel, insufficient to take care of to the requirements of NBC T 15 - Information of Social and Ambient Nature, approved for the Resolution of the Federal Advice of Accounting - CFC n?? 1.003, that it will enter in vigor from 1?? of January of 2006.
As empresas, como parte integrante da sociedade, est??o sendo fortemente demandadas a cumprirem metas ambientais, al??m das econ??micas; demonstrando que, al??m do retorno econ??mico gerado aos acionistas, tamb??m est??o gerando retorno social ??s comunidades em que se encontram inseridas. A Contabilidade Ambiental apresenta-se como o sistema de informa????es que tem como finalidade principal coletar, mensurar e evidenciar as transa????es ambientais visando a exercer o importante papel de ve??culo de comunica????o entre a empresa e a sociedade. Neste sentido, as demonstra????es cont??beis merecem aten????o e estudo especiais, haja vista que representam o principal canal de evidencia????o de itens econ??mico-ambientais do qual faz uso a Contabilidade. O objetivo deste trabalho foi o de analisar uma amostra de demonstra????es cont??beis publicadas no Brasil, das empresas Petrobr??s, Braskem, Refap, Copesul, Bunge Fertilizantes, Basf, Petroqu??mica Uni??o e OPP, todas do ramo qu??mico e petroqu??mico, no intuito de verificar como t??m sido evidenciados os investimentos, passivos e custos ambientais pelas referidas empresas. Infelizmente, as demonstra????es cont??beis dessas companhias mostraram-se pouco adequadas ??s novas necessidades dos usu??rios da informa????o cont??bil, e paralelamente, insuficientes para atender ??s exig??ncias da NBC T 15 - Informa????es de Natureza Social e Ambiental, aprovadas pela Resolu????o do Conselho Federal de Contabilidade - CFC n?? 1.003, que entrar?? em vigor a partir de 1?? de janeiro de 2006.
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Romero, Oyola Bryan Jair, and Romero Diego del Alba Tucto. "Ley de Promoción de la Inversión en la Amazonía y su Impacto en la Rentabilidad en Empresas Comercializadoras de GLP envasado en Huánuco, año 2020." Bachelor's thesis, Universidad Peruana de Ciencias Aplicadas (UPC), 2021. http://hdl.handle.net/10757/657600.
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El presente trabajo de investigación tiene como objetivo determinar el impacto de la Ley de Promoción de la Inversión en la Amazonía sobre la rentabilidad de empresas comercializadoras de gas GLP en Huánuco, en el año 2020. Ya que, en la actualidad, esta ley no está cumpliendo con el propósito para el que fue creado, puesto que el precio del balón de GLP en dicha localidad es igual o mayor, en comparación, a otras regiones en donde no son afectas a la ley.
El trabajo de investigación constará de cinco capítulos. En el Capítulo I Marco teórico, se utilizan fuentes primarias para desarrollar conceptos de nuestras variables: Ley de Inversión en la Amazonía, rentabilidad y sector GLP. En el Capitulo II Plan de Investigación, se formula la situación problemática, problema principal y específicos, objetivo principal y específicos, hipótesis general y específicas. En el Capítulo III Metodología de la investigación, definimos la población para las muestras cualitativas y cuantitativas. En el Capítulo IV Desarrollo de la investigación, se realizarán entrevistas a profundidad, encuestas y caso práctico. Finalmente, en el Capítulo V Análisis de Resultados, validaremos la hipótesis general y específica en base a los resultados obtenidos.The objective of this research work is to determine the impact of the Law for the Promotion of Investment in the Amazon on the profitability of LPG trading companies in Huánuco, year 2020. At present, the law is not fulfilling the purpose for which it was created, since the price of the LPG ball in that location is equal or greater in purchase to other regions where they are not affected by the law. The research work will consist of 5 chapters which are Chapter I Theoretical Framework, here we use primary sources to develop concepts of our variables, Law of Investment in the Amazon, profitability and LPG sector. Chapter II Research Plan, we formulate the problematic situation, main problem and specifics, main objective and specifics, general and specific hypothesis. Chapter III Research Methodology, we define the population for the qualitative and quantitative samples. Chapter IV Development of the research, we will carry out in-depth interviews, surveys and case studies. Chapter V Analysis of results, we will validate the general and specific hypothesis based on the results obtained.
Tesis
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Malone, Chad Allen. "A Socio-Historical Analysis of U.S. State Terrorism from 1948 to 2008." University of Toledo / OhioLINK, 2008. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1216592463.
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Chang, Hsueh-Wen, and 張學問. "The Political Economy of the Petroleum Administration Law." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/25440523125881510093.
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碩士國立中山大學
經濟學研究所
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Summary Taiwan’s petroleum market has been deregulated in the wake of the passing of the Petroleum Administration Law. The market structure should have been shifted to monopolistic competition from the monopoly and the price backed to the so-called equilibrium one. Observing its historical data, we can find the effect of the price decrease is not obvious. In this article, we try to explore the reasons for that using the interest group theory in the public choice school. Every interest group demanding regulation decides how much political resource they would provide in light of their own cost benefit analysis. On the other hand, the administration department supplying regulation will be influenced by some variables such as ideology, institutional constraint, and political variance. Finally the political equilibrium price, i.e. output of regulation, will be reached through adjusting both sides each other.
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Xin, Kelei. "The Role of law and policy in the offshore petroleum development of China." Thesis, 1993. http://hdl.handle.net/2429/2351.
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This thesis examines the legal and policy regime applicable to the petroleum activities on the continental shelf of China. The distinguishing characteristics of this regime are revealed by way of a comparative analysis of the salient features of the offshore petroleum laws of China, the United Kingdom and Canada.
The modern Chinese offshore petroleum law and policy is essentially the product of the development of the domestic petroleum industry. The formulation of the contemporary regime was greatly influenced by the petroleum policies implemented by previous governments of China. The thesis therefore examines the history of the development of the modern Chinese petroleum experience and the current situation of China's offshore oil and gas industry. This establishes a context within which the presentation of the promulgation of China’s offshore petroleum law and policy in the 1980s can be analyzed.
China opened its continental shelf for foreign oil and gas development somewhat later than other countries with offshore petroleum resources. Accordingly, China had the opportunity to study the experiences of other states, and to adopt selectively elements from foreign regimes to the advantage of its economic development. China's offshore petroleum law and policy displays not only unique Chinese characteristics but also incorporates features common to many other offshore petroleum jurisdictions. The thesis identifies these special characteristics and common elements. The two together comprise the Chinese legal regime governing offshore hydrocarbon activities.
The goal of the policy of opening the offshore area to foreign oil companies is the promotion of the development of China’s economy while safeguarding its sovereignty and economic interests. The analysis of China's offshore law and policy indicates how the Chinese government intends to reach this goal by means of law-making, and also how the interests of foreign investors are protected and the benefits accruing are shared. Accordingly, special attention is paid to an analysis of the Regulation of the People's Republic of China on the Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises, and the Model Petroleum Contract drafted by the China National Offshore Oil Corporation.
China's offshore petroleum law and policy was formulated in the early 1980s. Since then, great changes have taken place in the international petroleum industry. The government of China has accordingly seen the need to modify its offshore petroleum policy from time to time. The thesis offers some comments on the modification of China's policies.
The thesis presents a comparative analysis of the oil and gas laws of China, the United Kingdom and Canada, undertaken to show the differences in approach and substance between China and advanced oil producing countries in terms of legislation governing the development of the petroleum industry. Lacunae in the Chinese regime are also identified.
The thesis concludes with some suggestions on how China’s offshore hydrocarbon law and policy should be improved in order to better serve the future development of China’s offshore petroleum industry.
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Jackson, Peter. "Oil and paper ownership, economic development, and Iraq's 2007 Draft Oil and Gas Law /." 2009. http://digital.library.duq.edu/u?/etd,98583.
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Ramatji, Kanuku Nicholas. ""A legal analysis of the Mineral and Petroleum Resources Development Act (MPRDA) 28 of 2002" and its impact in the Limpopo Province"." Thesis, 2013. http://hdl.handle.net/10386/979.
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Thesis (LLM. (Development and Management Law)) -- University of Limpopo, 2013In terms of the previous mining legislation in South Africa, mineral rights were held privately and in some instances by the state. The Mineral and Petroleum Resources Development Act (MPRDA) now vests all mineral rights in the state. Through the transitional provisions included in the MPRDA, mining companies can convert their existing ‘old order’ rights to prospect and/or mine (previously granted under the now repealed Minerals Act) to the ‘new order’ rights introduced by the MPRDA. The purpose of the MPRDA is to ensure the sustainable utilisation of South Africa’s mineral and petroleum resources within a national environmental framework policy which primarily protects sensitive environments and the interests of affected communities, organisations and individuals, while promoting socio-economic development.
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Mailula, Douglas Tlogane. "Protection of petroleum resources in Africa : a comparative analysis of oil and gas laws of selected African States." Thesis, 2013. http://hdl.handle.net/10500/13610.
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The resource curse is a defining feature of the African content. Despite vast resource wealth, Africa remains the poorest and most underdeveloped continent in the world. The aim of this study is to conduct a comparative analysis of the primary laws regulating of oil and gas exploration and product activities in Angola, Nigeria and South Africa in order to determine their effectiveness in protecting the continent's depleting petroleum resources. Different regulatory models apply to Angola, following the Norwegian carried-interest model, Nigeria, where a British discretionary model has been retained, an a South africa, where a unique model has been developed. The comparison is conducted by analysing and comparing these different regulatory systems in terms of legal frameworks; the legal nature of the regulatory systems; ownership of the oil and gas resources; legal nature of licenses; organisational or institutional structures; fiscal systems; local communities benefits from these proceeds of oil and gas resources; local content; state/government participation arrangements; and environmental challenges. The study evaluates the effectiveness of these regimes by examining the extent to which they recognise and enforce state ownership of he oil and gas resourcs in situ; recognise and enforce the doctrine of Permanent Sovereignty over Natural Resources (PSNR); protect the environment; how they provide for institutional capacities for the management of resources; and the protection of local communities from exploitation and abuse by recognising their rights to benefit from revenues derived from these resources. An overall assessment of the three systems reveals that there is no ideal model for oil and gas regulation in Africa. The Norwegian model might well be considered an ideal model if it was applied with care and correctly in Angola. The study hopes to gain practical importance for the proper regulationof the oil and gas industries' upstream activities in Africa and assist governments of the selected jurisdictions in their policy revisions, as some recommendations are made.Public, Constitutional and International Law
LL. D.
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HSIANG, HSIU YUAN, and 向秀媛. "THE IMPACT OF THE FAIR TRADE LAW UPON THE MARKETING PASSAGEWAY OF OUR COUNTRY FAMILY LIQUIFIED PETROLEUM GAS." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/93161878393724642302.
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