The Journal of World Energy Law & Business最新文献

{"title":"Facing the energy transition: options for countries and companies to move forward","authors":"C. Batruch","doi":"10.1093/jwelb/jwaa026","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa026","url":null,"abstract":"\u0000 It has taken decades for the international community to recognize that climate change is a global issue that needs to be addressed by concerted international action. Many climate activists focus on the fossil fuel industry as the main culprit for greenhouse gas emissions and advocate for a cessation of investments in this sector. This is despite the fact that it is the use of oil and gas in housing, transportation and industry, not its production that represents over 90 per cent of its global emissions.1 This misrepresents the global challenge that is one facing society’s energy use at large. During this period of energy transition, and for decades to come, oil and gas will continue to constitute a major component of the world’s growing energy demand. All energy consumers, whether governments, industries and the general public therefore need to reduce their energy consumption, while producing countries and companies need to reduce their carbon footprint, as well as increase investments in renewable energy. In this context, Norway serves as a valuable case study of what it takes to become a carbon efficient energy producer. The example of Lundin Energy AB, one of Europe’s leading independent oil and gas producers, operating exclusively offshore Norway, shows how the Norwegian regulatory environment, coupled with the Company’s sustainability commitments and its Decarbonization Strategy, have resulted in the production of one of the lowest carbon intensity barrels in the world.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124134994","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":"Negotiating upstream petroleum granting instrument terms with a state—what to do when the spider meets the fly","authors":"P. Roberts","doi":"10.1093/jwelb/jwaa025","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa025","url":null,"abstract":"\u0000 This article considers the key considerations to be borne in mind by an investor when negotiating the terms of an upstream petroleum granting instrument with a host government. In this article the term ‘granting instrument’ is used generically as a single term for ease of reference, intended to encompass all the different forms of petroleum concession, licence, contract or permit, but the article’s analysis is focused on the terms of a production sharing contract (PSC) simply because the PSC is the form of granting instrument which by far is the most widely used worldwide today for petroleum exploration and production. Despite this focus, many of the terms of the PSC which are considered in this article will also be relevant to other forms of petroleum granting instrument.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134421235","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 Exclusive Economic Zone is in reality a sovereign right of a State? The dispute over the Southeastern Mediterranean natural gas fields","authors":"Nikolaos K. Koulouris","doi":"10.1093/jwelb/jwaa024","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa024","url":null,"abstract":"\u0000 The notion of Exclusive Economic Zone (EEZ) is a relatively new one. Its gestation during the second half of the 20th century was slow and arduous. But, after its birth, it gained a very important and crucial place within the sector of International Law and especially the branch of the Law of the Sea. Furthermore, it implicates strong and unprecedented geopolitical issues, emerged between a lot of neighbouring states. Pursuant to the rule establishing its notion, the EEZ confers upon a State a sovereign right, subject to a number of restrictions, which do not, nevertheless, affect the core of its integrity. But, in real international life this integrity is seriously jeopardized. International Law, because of its particularity, cannot be equipped by and enjoy the means of forced execution, which are inherent to the national legal system of every sovereign State. The EEZ, as it is provided by the International Law and especially the United Nations Convention on the Law Of the Sea, is not in reality a sovereign right of a State. It depends on the consensus of the State with adjacent coast and overlapping EEZ, which is a ‘prerequisite’ legally not existing.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132605124","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":"Joint venture and joint operating agreements in Iran: legal aspects","authors":"A. Shiravi, M. Vafaei","doi":"10.1093/jwelb/jwaa021","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa021","url":null,"abstract":"\u0000 Under current Iranian laws and regulations there is a requirement for an upstream petroleum contract to be managed by a joint venture entity and so the conclusion of a joint venture agreement (JVA) is compulsory in such petroleum projects. In this research article we first discuss the rules governing JVAs and the statutory requirements of such agreements in Iran. Then, by studying the relevant rules, we consider the advantages and disadvantages of the both unincorporated and incorporated forms of JVA and finally we discuss some of the implications of the JVA regarding tax, accounting procedures and fiduciary duties. We also consider the role played by unincorporated joint ventures and the joint operating agreement (JOA) in Iran.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134021091","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 global review of joint operating agreement disputes","authors":"T. Martin, J. Gilbert, M. Gusy","doi":"10.1093/jwelb/jwaa023","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa023","url":null,"abstract":"\u0000 The article identifies and analyses disputes that frequently arise from Joint Operating Agreements (JOAs) in the upstream oil and gas (O&G) business from around the globe. The topics discussed in this article are:    •  a brief introduction to JOAs, their use in the O&G industry, and their key principles and provisions   •  the development and use of model JOAs and Accounting Procedures;   •  customary industry practice regarding JOAs   •  O&G law regarding JOAs;   •  a review of reported court judgments and international arbitral awards that dealt with JOA disputes; and   •  an analysis of the trends in JOA disputes and lessons that can be drawn from those sources.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115213647","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":"Belarusian Ostrovets nuclear power plant: the challenge of cross-border negotiations to balance economic development and environmental protection†","authors":"Aslan Abashidze, V. Filippov, A. Solntsev","doi":"10.1093/jwelb/jwaa016","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa016","url":null,"abstract":"\u0000 States have sovereign rights that allow them to construct nuclear power plants. Moreover, engaging with nuclear power generation makes possible the achievement of the Sustainable Development Goals (2016–30) in combatting climate change, paramount to the Paris Agreement’s initiatives. In the same vein, however, constructing and operating power plants pose strict dangers to both general safety of the public and to national security. Thus, plant operations should strictly abide by the International Atomic Energy Agency (IAEA) standards and international law. As a result, it is important to consider the potential transboundary impacts of nuclear power plants and to conduct an appropriate transboundary environmental impact assessment (EIA). The article examines the construction of the Ostrovets Nuclear Power Plant by Belarus, close to the border of the Republic of Lithuania. The question in focus, however, is as follows: what international procedure can be used to coordinate issues of potentially negative transboundary impacts? Lithuania, in order to avoid the operation of the nuclear power plant, thus sought peaceful settlement of the dispute making use of the dispute resolution mechanisms based on international environmental agreements. The authors of this study show that the treaty bodies, established on the basis of international environmental agreements, provide important assistance in this matter in coordination with the IAEA. The use of these quasi-judicial means of resolving interstate disputes proves effective in pursuing a compromise between economic development and environmental protection. In the absence of such mechanisms at a universal level, one should consider utilizing such mechanisms in other regions of the world.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127935836","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":"Legal framework for the interstate cooperation on development and transport of fossil natural resources of the Caspian Sea†","authors":"B. Janusz-Pawletta","doi":"10.1093/jwelb/jwaa017","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa017","url":null,"abstract":"\u0000 This article focuses on the regulations of the Convention on the legal status of the Caspian Sea (hereinafter as Caspian Sea Convention), which was adopted in 2018. It regulates the development and access to Caspian fossil fuel resources and protects its environment, which are important factors for the sustainable development of the region. The main finding of this article is that the Caspian Sea Convention, having established the maritime zones, has, for the first time ever, recognized the territorial sovereignty of the individual riparian states in the Caspian Sea and defined its territorial scope. After presenting to the riparian states’ their rights and obligations within the newly defined maritime zones, the article analyses the new legal framework for the development and use of the natural resources of the Caspian Sea. It also elaborates on the new legal regime for the transportation of resources by means of vessels and submarine pipelines.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121888218","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":"Strategies to balance energy security, business, trade and sustainable development: selected case studies†","authors":"P. Farah","doi":"10.1093/JWELB/JWAA011","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA011","url":null,"abstract":"\u0000 Energy is pivotal for socio-economic and cultural development. Last century witnessed a drastic increase, on one hand on the consumption of energy and, on the other on greenhouse gases emissions. Traditionally, energy security has been linked with the need to guarantee supply and, in turn, enables economic growth. Against this background, countries focused on diversifying both energy sources and trade partners while at the same time increasing investment in energy infrastructure and technology. Investment in low-carbon energy sources for enhancing national energy policies prompts for a new understanding of energy security. The aim is, in fact, not anymore limited to securing provision but also to strengthen diversification and counteract the negative effects of energy consumption on the environment. The need to include a sustainability component to energy in trade, business and in the society at large, is adding a further layer of complexity in shaping national and international energy policy. Strategies to balance energy security, business, trade, and sustainable development are urgently needed in the Anthropocene. Creative and innovative approaches to energy policy could be found in countries where energy consumption is on a steady rise and environmental degradation is crystal clear.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133433522","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":"Trade in electricity under WTO and EAEU Law: compatibility of two legal regimes†","authors":"D. Boklan, O. Belova","doi":"10.1093/jwelb/jwaa014","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa014","url":null,"abstract":"\u0000 Accession of Russia and Kazakhstan to the World Trade Organization (WTO) constitutes a landmark event in the history of this organization, especially in relation to trade in energy, in general, and trade in electricity, in particular. As a result, the role of the WTO in regulating trade in electricity has increasingly grown. However, the Treaty on the Eurasian Economic Union, a treaty that binds both Russia and Kazakhstan, necessitates additional regulation for trade in electricity, concurrent with law of the WTO. Recently, this treaty was amended by the Protocol on Common Electricity Market on 1 July 2019. As a result, compatibility issues between the rules of the WTO and the Eurasian Economic Union arise. This article concludes that the law of the WTO can be relevant to trade in electricity between Member States of the Eurasian Economic Union and third countries because of the specific place of the rules of the WTO under the Eurasian Economic Union legal order.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"55 7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123658513","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":"Governing the transboundary risks of offshore methane hydrate exploration in the seabed and ocean floor—an analysis on international provisions and Chinese law†","authors":"Dong Yan, P. Farah, Tivadar Ötvös, Ivana Gášková","doi":"10.1093/jwelb/jwaa019","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa019","url":null,"abstract":"\u0000 Considering the fact that its existence is abundant while maintaining the ability to generate freshwater while burning, methane hydrates have been classified as sources of sustainable energy. China currently maintains an international role in developing technology meant to explore offshore methane hydrates buried under the mud of the seabed, their primary laboratory being the South China Sea. However, such a process does not come without its hazards and fatal consequences, ranging from the destruction of the flora and fauna, the general environment, and—the greatest hazard of all—the cost of human life. The United Nations Convention on the Law of the Sea (hereinafter ‘UNCLOS’), being an important international legal regime and instrument, has assigned damage control during the exploration of methane hydrates, as being the responsibilities and liability of individual sovereign states and corporations. China adopted the Deep Seabed Mining Law (hereinafter the DSM Law) on 26 February 2016, which came into force on the 1 of May 2016; a regulation providing the legal framework also for the Chinese government’s role in methane hydrate exploratory activities. This article examines the role of the DSM Law and its provisions, as well as several international documents intended to prevent transboundary environmental harm from arising, as a result of offshore methane hydrate extraction. Despite the obvious risk of harm to the environment, the DSM Law has made great strides in regulating exploratory activities so as to meet the criteria of the UNCLOS. However, this article argues that neither the UNCLOS nor the DSM Law are adequately prepared to address transboundary harm triggered by the exploitation of offshore methane hydrates. In particular, the technology of such extraction is still at an experimental stage, and potential risks remain uncertain—and even untraceable—for cross-jurisdictional claims. The article intends to seek available legal instruments or models, to overhaul the incapacity within the current governing framework, and offers suggestions supporting national and international legislative efforts towards protecting the environment during methane hydrate extraction.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128628348","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}