{"title":"The Nigeria–Sao Tome and Principe Joint Development—a model for a successful joint development agreement","authors":"N. Eze","doi":"10.1093/JWELB/JWAA042","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA042","url":null,"abstract":"\u0000 This work analyses the concrete application of Articles 74 and 83 of UNCLOS, 1982 which enjoins states to find a resolution to their maritime boundary disputes. It uses the Nigeria–Sao Tome and Principe model of joint development agreement to achieve this by critiquing the important provisions of the agreement. It demonstrates that amicable maritime disputes resolution for resources ownership and control can be achieved by negotiations and agreements. This is authoritative third-party authorities like the ICJ and international arbitral institutions. And pending a more permanent delimitation and resolution, cooperative resources development would emerge and possibly thrive.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122343264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Minh-Thong Le, Huu Tung Do, T. T. Nguyen, Thi Kim Ngan Nguyen
{"title":"What prospects for shale gas in Asia? Case of shale gas in China","authors":"Minh-Thong Le, Huu Tung Do, T. T. Nguyen, Thi Kim Ngan Nguyen","doi":"10.1093/JWELB/JWAA037","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA037","url":null,"abstract":"\u0000 The issues of energy and the environment are one of the main challenges for humanity today. Global growth in energy demand is facing environmental concerns, especially in fast-growing regions such as Asia. Transferring traditional energy sources such as coal, oil, to cleaner energy sources and renewables is an inevitable trend in the future. With good characteristics compared to other fossil fuels, natural gas can play an essential role in the energy transition process towards a low-carbon economy. The success of the shale gas revolution in the USA has created a lot of interest globally, especially in countries with potential for these resources. Asia, especially China, is estimated to have the world's largest shale gas resource. However, the question about the development of these resources is still a big question. This article will evaluate shale gas development prospects in Asia, particularly in China, by analysing the fundamental conditions that are important factors for the success of shale gas in the USA.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133142887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The distribution of petroleum resources in Malaysia: unpacking federalism","authors":"Wan Zahari, F. S. Shuaib","doi":"10.1093/jwelb/jwaa040","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa040","url":null,"abstract":"\u0000 This article examines the concept of federalism in the oil and gas industry in Malaysia. The petroleum industry is one of the 12 National Key Economic Areas (NKEAs) to enhance national growth under Malaysia’s Economic Transformation Programme (ETP). Due to its economic significance, the petroleum industry was given priority by the Government of Malaysia. The development of the oil and gas industry in Malaysia can be divided into two stages, ie the period before 1974 and after 1974. Prior to 1974, the ownership of hydrocarbon resources was placed under the jurisdiction of the respective 13 states forming part of Malaysia. In 1974, the Petroleum Development Act (PDA) was passed by the Parliament of Malaysia. Pursuant to the PDA, a national oil company has been established in the form of a public listed company which is called Petroliam Nasional Berhad (Petronas). The national oil company was granted the entire ownership and the exclusive rights, powers, liberties and privileges of exploring, winning and obtaining petroleum onshore and offshore Malaysia. Each state permanently conferred its ownership, rights, powers, liberties and privileges in the petroleum by executing the vesting instrument specified in the PDA. This article examines the rights of ownership of the Federation and the various states of Malaysia with regards to the hydrocarbon resources at the time of the formation of the Federation of Malaysia, and the gradual changes in the ownership of the hydrocarbon resources from the states to the absolute ownership of the Federal government in 1974. Furthermore, this article examines the legislation regulating petroleum resources and the role of the states and federation in the upstream oil and gas industry prior to 1974 and after the enactment of the PDA.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128518096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"NGO standing in petroleum pollution litigation in Nigeria—Centre for Oil Pollution Watch v Nigerian National Petroleum Corporation","authors":"M. Anozie, Emmanuel Onyedi Wingate","doi":"10.1093/jwelb/jwaa031","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa031","url":null,"abstract":"\u0000 Non-governmental organizations (NGOs) have been at the forefront of securing environmental justice for the people of Nigeria’s Niger Delta suffering the effects of pollution arising from petroleum exploitation. Standing constraints have, however, limited NGOs’ abilities to access the courts to prevent or remedy pollution. This article analyses the recent decision of Nigeria’s Supreme Court in Center for Oil Pollution Watch v Nigerian National Petroleum Corporation (NNPC). It finds that environmental NGOs, previously unable to institute action under existing public interest litigation procedures, can now institute action in their own rights to prevent or remedy environmental pollution in Nigeria.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132435577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Christian Pugl-Pichler, Franz Tyma, Wilhelm Süßenbacher, Eike Blume-Werry, C. Todem
{"title":"Capacity remuneration mechanisms on European electricity markets—legal basis and actual implementation status","authors":"Christian Pugl-Pichler, Franz Tyma, Wilhelm Süßenbacher, Eike Blume-Werry, C. Todem","doi":"10.1093/JWELB/JWAA036","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA036","url":null,"abstract":"\u0000 In recent years a range of different capacity remuneration mechanisms have been discussed and implemented on European electricity markets. This article gives an overview of different designs, classifying and exploring central and decentral capacity markets, strategic reserves and different capacity payments. To illustrate the particular designs, examples in Germany, Italy, France and Switzerland are discussed in detail. Given that all capacity remuneration mechanisms in the European Union (EU) are subject to EU state aid and electricity regulations, the article examines the legal framework of capacity remuneration mechanisms.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125018488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Analysing India’s Open Acreage Licensing Policy: problems and perspectives","authors":"Dixit Pratik","doi":"10.1093/jwelb/jwaa035","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa035","url":null,"abstract":"\u0000 In recent decades, India has increasingly felt the need to reduce its dependence on imported crude oil by augmenting domestic production. In such pursuance, India recently enacted the Hydrocarbon Exploration Licensing Policy (HELP) to attract private investments in India’s upstream oil and gas sector. One of the salient features of HELP is the Open Acreage Licensing Policy (OALP), which sought to liberalize auctioning and licensing process of upstream oil and gas sector in India. This article analyses the salient features of the OALP to argue that it has remedied most of the problems associated with previous licensing regimes. Even though India has significantly liberalized the auction and licensing process, the fiscal terms governing the revenue sharing between the operator and the government have served as a deterrent to make India an attractive destination for foreign investors. Therefore, this article suggests that India must offer more attractive fiscal terms to oil companies to incentivize them to undertake the risk of investing in India’s upstream sector.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122993568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Environmental issues related to fracking","authors":"S. W. Carmalt, A. Moscariello","doi":"10.1093/JWELB/JWAA039","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA039","url":null,"abstract":"Hydraulic fracturing or ‘fracking’ overlays a major industrial operation on the land in areas where shale and tight hydrocarbon resources can be exploited. Every aspect of the fracking operation can cause environmental damage, although the damage from any individual well is both unlikely and usually fairly limited. Such damage has been extensively documented, giving the impression that fracking activity is bad for the environment. There is no yes or no answer to the question ‘Is fracking harmful to the environment’; rather, it is an issue that must be resolved politically rather than scientifically.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128161434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A need for clarification of the energy solidarity principle: what can be learned from the GeneralCourt’s judgment in the OPAL case?","authors":"M. Iakovenko","doi":"10.1093/JWELB/JWAB001","DOIUrl":"https://doi.org/10.1093/JWELB/JWAB001","url":null,"abstract":"\u0000 The EU Court of Justice General Court’s judgment in Case T-883/16 on withdrawal of the Commission’s decision on the exemptions for the OPAL pipeline (an onshore continuation of Nord Stream 1) from some of the provisions of EU legislation in gas sphere on the basis of non-compliance with the principle of energy solidarity may have a great impact on the development of EU gas market with regard to balancing different approaches to external gas supply. This case may also raise some concerns on EU energy legislation from the point of view of impact of political goals on the regulation of the market. Having regard to these issues, the article analyses this case from the perspective of EU case law on application of the solidarity principle to point out the main legal aspects of utilization of this principle and crystallize it from non-legal biases. The article also provides a holistic assessment of the general application of the solidarity principle in the energy sphere and identifying the main gaps on the example of the OPAL case judgment.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122990257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Look before you leap: are your oil patch liability clauses enforceable?: (An analysis under civil law jurisdictions with emphasis on Brazil)","authors":"Norman J Nadorff, Maria Beatriz Gomes","doi":"10.1093/JWELB/JWAB004","DOIUrl":"https://doi.org/10.1093/JWELB/JWAB004","url":null,"abstract":"\u0000 The oil and gas industry requires huge investments involving extraordinary financial, environmental and safety risks. Dramatic images of the Deepwater Horizon (Gulf of Mexico, 2010), Alpha Piper (Scotland, 1988), P-51 (Brazil, 2001) and Campeche (Mexico, 1979) disasters offer chilling reminders of the monumental loss of life, property and environmental integrity that can quickly result from human error. With this backdrop, industry participants and their insurers learned early on that the normal fault-based approach to wellsite liability did not fit the nature and needs of the petroleum business.\u0000 This article analyzes the risks inherent in applying the laws of a civil law jurisdiction to an oil and gas wellsite contract based on common law principles, with special emphasis on Brazil. It first briefly describes the traditional common law approach to liability allocation in wellsite contracts, including “knock-for-knock” principles (“K4K”). Next, it outlines the traditional civil law approach to liability (responsbilité) through French and Brazilian prisms. The authors do not deeply discuss the pros and cons of K4K clauses nor the policy implications of anti-indemnity statutes. Rather, they assume the reader is contemplating the negotiation of a wellsite services contract subject to the laws of a civil law jurisdiction, and describe the relevant risks and possible mitigation strategies.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134279544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Price review arbitration in the Asian LNG markets—‘‘The times they are a-changin’’","authors":"K. Talus","doi":"10.1093/JWELB/JWAB009","DOIUrl":"https://doi.org/10.1093/JWELB/JWAB009","url":null,"abstract":"\u0000 This article will focus on price review clauses in Asian LNG markets from the point of view of price review arbitration and the jurisdiction of the tribunal. The basic conclusion reach is that there is no simple answer but that various considerations speak in favour of establishing the jurisdiction of arbitral tribunals in respect of gas prices. The background to the article is a number of gas price arbitrations that have been initiated in Asian markets and the assumption that these early cases will be followed by many more. One of the questions raised in this context is jurisdiction of the tribunal.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"171 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132516607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}