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Host Government Agreements and the Law in the Energy Sector

Author: Hakan Sahin

Publisher: Routledge

Published: 2018-12-18

Total Pages: 196

ISBN-13: 0429584792

The energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.

International Energy Law

Author: Mohammad Naseem

Publisher: Kluwer Law International B.V.

Published: 2017-03-24

Total Pages: 149

ISBN-13: 904118564X

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This book provides a systematic approach to legislation and legal practice concerning energy resources and production in International Energy Law. The book describes the broad international energy set up, administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers, negotiators, investors and energy firm counsel handling cases affecting International Energy Law. It will also be welcomed by researchers and academics for its contribution to the study of the complex field of energy law that has peculiar characteristics because of associated risks and rewards.

Energy Law and the Sustainable Development Goals

Author: Eduardo G Pereira

Publisher: Taylor & Francis

Published: 2024-05-07

Total Pages: 273

ISBN-13: 1040027288

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The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.

International Energy Investment Law

Author: Mustafa Erkan

Publisher: Kluwer Law International B.V.

Published: 2010-12-22

Total Pages: 440

ISBN-13: 9041137572

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Contemporary legal practice has developed powerful contractual mechanisms to mitigate the political risks attendant on energy projects. However, until now most of what we know about the contractual management of these risks has been based on theoretical literature and the facts of cases rather than careful empirical study. This one-of-a-kind book breaks new ground. The author presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector. Going far beyond an analysis of the literature, the research includes in-depth interviews with specialist lawyers and representatives of companies who have not only a theoretical knowledge but practical experience with the problems of host government interventions, as well as with international petroleum negotiators, members of international organizations in the petroleum business, and dispute settlement bodies.

Energy Law and the Sustainable Development Goals

Author: Eduardo G. Pereira

Publisher:

Published: 2024

Total Pages: 0

ISBN-13: 9781003245551

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"The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programs. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources"--

Energy Law in India

Author: Mohammad Naseem

Publisher: Kluwer Law International B.V.

Published: 2017-07-20

Total Pages: 302

ISBN-13: 904118936X

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in India. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting India. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.

Internationalization of the petroleum industry. Law and policy of energy and resources in Uganda’s Host Government Contracting

Author: Herbert Abigaba

Publisher: GRIN Verlag

Published: 2014-11-10

Total Pages: 19

ISBN-13: 3656835144

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Research Paper (postgraduate) from the year 2014 in the subject Energy Sciences, grade: 90%, University College London (School of Energy and Natural Resources Management), course: Law and Policy of Energy and Natural Resources, language: English, abstract: This paper discusses the internationalization of the petroleum industry as witnessed within Uganda’s petroleum legal and regulatory framework, drawing heavily on the Host Government Contracts (HGC). The country is selected for a number of reasons. First, the framework relates strongly with the other countries across East Africa, a region that is profoundly becoming a new petroleum frontier.1 Second, Uganda’s commercial oil discoveries realized in early 2006 have since increased to become the largest on-shore oil reserves in the Sub-Sahara Africa (SSA) over the last 20 years.2 Third, this ‘black gold’ potential has seen strong foreign interest, especially over the last ten years with country now pitted to become a top-50 oil producer in the mid-term if the development plan is achieved.3 As a result, the country has witnessed legal, regulatory and policy reforms; strongly over the last ten years, aimed at improved management of the nascent industry as shall be discussed. The paper is structured as follows. In the first section, a chronological development of country’s petroleum legal, regulatory and policy framework is discussed. Section two explains the HGC that has been employed in Uganda to manage its hydrocarbon resources. In the third section, internationalization of the industry as reflected in Uganda’s framework is considered. Although the focus is on host government contracting, the interdependence with the public law framework that governs it is appreciated. For this reason, the discussion permeates beyond the HGCs to include this framework. While it is adduced that internationalization within Uganda’s legal system is apparent and still progressing, the paper suggests that developing countries face some specific challenges. In the last section, these challenges are assessed along with recommendations to remediate them, and entrench this narrative.

International Energy Investment Law

Author: Peter D. Cameron

Publisher: OUP Oxford

Published: 2010

Total Pages: 568

ISBN-13:

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Many States have also introduced guarantees into their domestic legislation. This multi-tier regime of stability has fundamentally altered the legal framework for energy investors and host States and offers extensive scope for international arbitration in the event of disputes. It is a system that is currently being tested in a number of high-value commercial disputes as a result of a wave of unilateral State action, most evidently in Latin America and East Europe. The protections for investors are being tested as arbitrators develop new notions of legitimate expectations and give content to fair and equitable treatment, while mapping out more precisely the duties which investors have to host States. This book examines critically the interaction between contract and treaty forms of stability in the new multi-tier setting, including two highly detailed regional case studies of Latin America and East Europe. In its concluding section, it looks forward to new challenges arising from climate change, human rights and environmental issues. Readership: Primary: Legal practitioners, arbitrators and academics with an interest in energy law and dispute resolution Secondary: In-house legal departments at energy companies NGO's and government lawyers

International Petroleum Law and Transactions

Author: Owen L. Anderson

Publisher:

Published: 2020

Total Pages: 1309

ISBN-13: 9781943497409

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Commentary on the Energy Charter Treaty

Author: Rafael Leal-Arcas

Publisher: Edward Elgar Publishing

Published: 2023-12-11

Total Pages: 597

ISBN-13: 1035316285

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This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument.