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Fundamentals of international oil and gas law / William E. Hughes.
Author
Hughes, William E., 1944-
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Format
Book
Language
English
Published/Created
Tulsa, Oklahoma : PennWell Corporation, [2016]
Description
xx, 650 pages : illustrations ; 27 cm
Availability
Available Online
Ebook Central Perpetual, DDA and Subscription Titles
Copies in the Library
Location
Call Number
Status
Location Service
Notes
Firestone Library - Stacks
K3915 .H84 2016
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Details
Subject(s)
Petroleum industry and trade
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Petroleum law and legislation
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Natural gas
—
Law and legislation
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International law
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Bibliographic references
Includes bibliographical references and index.
Contents
Machine generated contents note: Introduction
National Laws
Applications: Clarity, Stability, Transparency, and Fairness in the Content and Procedures of National Laws
Applications: National Law Variations regarding Retail Gasoline (Petrol) Sales: The US, Indonesia, China, Nigeria, and Venezuela
Families of National Legal Systems
The Common Law System
The Civil Law (Code) System
Islamic Law
Applications: The Place of Islamic Law in a Modern National Legal System
Applications: The Impact of Islamic Law on Oil- and Gas-Related Finance
Do Contracts Make Law?
Additional Resources
Problems
Notes
What Is International Law, of What Does It Consist, and What Are Its Practical Limitations for International Oil and Gas?
Limitations of International Law in Its Present Form
Is International Law Really Law?
Applications: Unilateral Changes in or Revocation of Treaty of Contract Obligations: Argentina, Venezuela, and Saudi Arabia
International Law and National Law in the Hierarchy of Law
Applications: A State's Treaty and Contract Promises: Bolivia, Ecuador, and Venezuela
International Trade Agreements
The World Trade Organization (WTO)
Applications: The WTO and the Energy Industry
Applications: Exceptions to the WTO's Antidiscrimination Rules
Applications: World Trade and the Economic and Financial Crisis of 2007-2009
Free Trade Area Agreements
The European Union (EU)
Applications: EU Law Regulation of Europe's Energy Industry
NAFTA and the Latin American Regional Trade Agreements
The Organization of Petroleum Exporting Countries (OPEC)
Applications: The Workings of OPEC
The International Energy Agency (IEA)
Applications: National Strategic Petroleum Reserves
Applications: Problems of Statistical Compilations
General Considerations
Export Controls
Foreign Investment Restrictions
Applications: Mexico's Restrictions on Foreign Ownership
Applications: Investment Restrictions on Russia's Oil and Gas Resources and Companies
Applications: The EU and European Member State Foreign Investment Restrictions: A Family Feud?
Applications: European National Golden Share Laws Restricting Foreign Ownership or Control of National Companies
US Law Restrictions on Foreign Investments
Applications: Private Ownership of US Oil and Gas Assets by a Foreign State? The CNOOC Bid for Unocal
Sanctions, Embargoes, and Boycotts
Informal National Boycotts: The Case of Royal Dutch Shell in Argentina in 2005
Applications: Iran: US Sanctions and Regulatory and Enforcement Jurisdiction Issues
Applications: Libya and the Unwinding of US National Sanctions
Varieties of Dispute Resolution Methods
Government Court Litigation as an Important Alternative
Applications: Examples of Nonarbitrable Litigation
Comparing Common Law System Litigation with Civil Law (Code) System Litigation
Noncriminal Litigation in a Common Law System
Applications: The US 2010 Macondo Oil Spill Common Law Litigation in Government Court, and Pretrial Discovery
Contrasted with Litigation in a Civil Law (Code) System
Advantages and Disadvantages of Each Litigation System
Problem
General Characteristics of Arbitration
Applications: Oil and Gas Arbitration Cases
Laws and Treaties Favoring Arbitration
Applications: National Laws that Allow a Freeze of Bank Accounts to Secure Arbitration Awards: Venezuela in British Courts
Applications: Argentina: National Refusals to Recognize Arbitration Agreements or to Pay Awards
Applications: WTO Arbitration in Practice
Established Arbitration Institutions
Drafting the Arbitration Provision
The Institutional Procedures
Applications: Arbitrating the US Macondo Oil Spill Compensation Claims
Summary of Advantages and Disadvantages of Arbitration
Applications: The Uncertainties of Arbitration
When Arbitration May Be a Bad Choice
The Meanings and Categories of State Jurisdiction
Regulatory Jurisdiction
Applications: Doing Business as a Presence
Enforcement Jurisdiction
Applications: Can US Courts Regulate Working Conditions in Myanmar?
Adjudicatory Jurisdiction and Related Issues
Applications: Does Doing Business Locally Mean Submitting to Local Court Jurisdiction in All Things?
Applications: Russia's OA° Yukos and the US Bankruptcy Court's Jurisdiction
Applications: Recognition and Enforcement of Foreign Court Judgments: The Case of Chevron and Ecuador
Four Important Treaties that Set Standards for Adjudicatory Jurisdiction
Applications: The Race to the Courthouse as Establishing Court Jurisdiction in the EU
Recognition and Enforcement of Arbitration Awards
Sovereign Immunity
The Act of State Doctrine
Applications: The Special Defenses for States and State-Owned Companies in Oil and Gas Cases
Contract and Treaty Waivers of Special Defenses
General Patterns of Sovereignty and Onshore Oil and Gas Ownership
Applications: State Sovereignty over Onshore Oil and Gas
Applications: State Ownership of Oil and Gas (or, Are Iran's Revolutionary Guards a Full Service State Oil Company?)
Factors Complicating the US Pattern of Private Ownership
Applications: Drilling for Gas in the City of Fort Worth, Texas
Applications: The Significance of Government Ownership of Land in the US
Factors Complicating the Pattern of State Ownership
Sovereignty Disputes between States
Applications: The Western Sahara Case
Applications: Ambiguities Due to Federal Structures of Government in Iraq
Applications: What Happens with a Failed or Failing State? The Case of Sudan
Effects of a Land Dispute Continued into the Offshore Waters and Seabed
Applications: The Cases of Cyprus and Turkey and of Scotland and Britain
Introduction
Pre-UNCLOS History
The UNCLOS Water and Seabed Zones
States' Rights and Obligations within the Zones
Applications: A Coastal State's Right to Ban Use of Its Ports: The Case of Turkey and Cyprus
Applications: Potential Bottlenecks and Disputes Involving Straits
Applications: Federal Structures of the US Government and their Effect on Sovereignty over the US Continental Shelf
Applications: Vessel Registration and Iran Sanctions 2012
Applications: Five Law of the Sea Disputes: East China Sea, South China Sea, Timor Sea, Western Sahara, and the Caspian Sea
The Deep Seabed Regime, Developed States' Objections, and Present Status
Joint Development Zones
Applications: JDZs for Nigeria-Sao Tome, Malaysia-Brunei, Trinidad-Venezuela, and Mexico-US
Applications: Bidding Practices and the Law of Contracts
Applications: Bidding in Libya, Ecuador, Sao Tome, Iran, Nigeria, and Angola
The EU Hydrocarbon Licensing Directive
Licensing in the United Kingdom
US Government Offshore Leasing Procedures
Introduction to the Four Basic Models of Host Country and Multinational Oil Company Development Arrangements
Historical Background
Applications: The Shale Revolution and Fundamental Shifts in Balance of Power between Developing and Developed Countries?
The Concession (License) Model
Applications: Are Concessions the Wave of the Future?
The Government Participation Model
Applications: Examples of the Government Participation Model: Saudi Aramco and Rosneft
The Production Sharing Model
The Service Contract Model
Applications: Brazil and Its Forms of Development Arrangements
Practical Consequences of Categorizations
Applications: Accounting for Assets of a Production Company, and Standards for Recognizing and Valuing Its Oil and Gas Reserves
Applications: Are Host Countries the New Multinationals?
Size of the Grant
Duration of the Grant
Host Country Control over Development
Management Rights Reserved to the Host Country
Compensation, Cost, and Cost Recovery Issues
Local Employment, Subcontracting, and Content Requirements
Sales of Production to State-Owned Oil Companies
Applications: Local Sales Requirements in Indonesia
Local Delivery of Production
Other Important Provisions: Dispute Resolution, Stabilization, Force Majeure, Unitization, and Abandonment
Applications: What Constitutes Force Majeure?
Licenses and Concessions (Concessionary Systems)
Government Participation in the License/Concession
Production Sharing Contracts (the Contractual System)
Applications: Varieties of Tax Issues in Alaska, Israel, the UK, and the US
Service Contracts
Participation Agreements: Bidding Agreements and Farmouts
Applications: Is There Taxable Profit on the Farmout of a Participation Interest? The Case of Tullow in Uganda
Joint Operating Agreements and Highlights of the AIPN Model Form
Applications: The Importance of the JOAs in Indonesia and Kuwait
Applications: A Joint Venture as Operator of the Kashagan Field in Kazakhstan
Note continued: Applications: The US 2010 Macondo Well Spill in the Gulf of Mexico and Resulting Indemnity Claims By and Against the Operator and Nonoperating Interest Owners
Applications: A Norwegian Tanker and Drilling Rig Magnate
Drilling Contracts
Applications: The 2010 Macondo Oil Spill in the US Gulf of Mexico and Drilling Contract Language
Model Contracts and the Master Service Agreement
Conflicting Interests Shaping Environmental Laws
Applications: Oil, Gas, and the Greens
General Shape of National and International Environmental Law
Applications: Soft International Law and Pipeline Financing in Peru
The Kyoto Protocol, Copenhagen Conference, and Paris Agreement
Applications: Kyoto's Reception and Effects in Various Countries
EU Environmental Law
US National Environmental Law and the NEPA
Applications: The US NEPA Process
Applications: Direct and Indirect Costs of Environmental Protection
Applications: Russian Use of Environmental Law Objections for Nonenvironmental Ends
Applications: US National Environmental Regulation of Oil and Gas in the US State of Alaska
The Exxon Valdez Spill and Its Aftermath
Applications: The Exxon Valdez Spill in Alaska: A Never-Ending Litigation
Other Major Ocean Spills prior to 2010
Applications: The 2010 Macondo Oil Spill in the US Gulf of Mexico
History and Magnitude of the Decommissioning Problem
Summary of Major Treaties Relating to Maritime Pollution and Decommissioning Liability
Spill and Pollution Liability and Decommissioning Responsibility under National Law
Applications: Industry Experience Examples with Oil and Gas Spills Since 2007
Applications: National Law Allocation of Decommissioning Liability: The Complications
Contract Allocation of Spill Liability and Decommissioning Responsibility
Applications: The Case of Chevron and Ecuador: Is Contract Allocation of Decommissioning and Spill Liability a Sure Solution?
Distinctions Between Indemnity, Release, and Insurance
Indemnity Agreements
Insurance Coverage
Applications: Risks and Losses Covered by Insurance: The US Gulf of Mexico and the Malacca Straits
Applications: Indemnification and Insurance Issues in the 2010 US Gulf of Mexico Macondo Oil Spill
Applications: Corruption's Contribution to the Oil Curse
The US Foreign Corrupt Practices Act
Applications: The US Foreign Corrupt Practices Act in Operation
Treaties and Other National Laws Criminalizing Foreign Bribery
Applications: Meanwhile, Outside the United States
Applications: World Bank Sanctions for Violating Bank Anti-Bribery Standards
Warning Signs and Prevention of Foreign Bribery
Applications: Is There a Duty to Examine the Ownership of Local Companies Participating in Licenses? The Angola Case of Cobalt International Energy
Natural Gas Economics; Regulatory Issues; and Transportation, Delivery, and Market Structures
Applications: Flaring Still Lives!
Applications: The International Natural Monopoly Problem in Natural Gas
Applications: International Pipeline Natural Monopolies and the Case of Russia's OAO Gazprom
US Regulation of Natural Gas and Natural Gas Pipelines
EU Regulation of the European Gas Market
Applications: European Union Member States' Noncompliance with the Gas Directives
Gas Regulation in the UK
Planning for Cross-Border Pipeline Projects
Applications: The Baku-Tbilisi-Ceyhan Pipeline
Applications: Kazakhstan: A Landlocked State and Its Oil Pipelines
Applications: A Pipeline for Peruvian Gas?
Applications: The Cross-Boundary Pipeline Legal Structure
Applications: The US-Canadian Keystone XL Heavy Crude Oil Pipeline and US Land Transportation of Shale Oil
The Energy Charter Treaty's Transit Provisions
Applications: Russia's Nonratification of the ECT
Regulation of Tanker Transportation of Oil and Gas
Applications: Canada May Have Regulatory Jurisdiction to Require Reporting by Ships in Transit, but Does It Have Enforcement Jurisdiction?
LNG Transportation and LNG Fixed Facilities
Applications: Effects of Supply, Demand, and Other Factors on Pricing and Structure of LNG Contracts and Regulation
Applications: Private Ownership, Efficiency, and the Social and Political Implications
Expropriation under Customary International Law
Applications: Expropriation and the Case of Venezuela in 2005, 2006, and 2007
Applications: Argentina's 2012 Expropriation of Repsol's YPF Stock
Expropriation Compensation and Expropriation Insurance
Privatization
Applications: The OAO Yukos Privatization and the Russian Oligarchs
The Energy Charter Treaty and Other Treaties Dealing with Expropriation
Major Sources of Financing
Applications: Variety of Financial Arrangements: Where Do Countries and Companies Get Their Money
Applications: Investor Risk in Minority Share Ownership in State Owned Companies and the Case of Russia's OAO Gazprom
Project Finance as an Example of Financing
Spending and Savings: What Do Countries and Companies Do with Their Money? Expenses, Reserve Replacement, and Sovereign Wealth Funds
Applications: Oil Stabilization Funds and the Strange Case of Chad
Comparisons and Contrasts: Financial Analysis of Individual Companies
Applications: The 2010 US Gulf of Mexico Macondo Oil Spill and Its Financial Effects
Applications: Analyst Views on ExxonMobil Corporation
Applications: Derivatives as Hedges and Profit Centers
The Basic Derivatives: Forward Contracts, Futures Contracts, and Options
Applications: Contangos, Backwardations, and Oil and Gas Derivatives Markets' Macro Effects
Applications: WTI, Brent, and the Principal Oil Price Indices and How They Operate
Applications: The Effects of Price Changes in the Underlying Commodity on Option Prices
More Complex Derivatives
Regulation of Derivatives and of Their Markets
Carbon Emissions: Trading and Derivatives
Notes.
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Other title(s)
Fundamentals of international oil and gas law
ISBN
9781593703615 ((hbk.))
1593703619 ((hbk.))
LCCN
2015048436
OCLC
932003708
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Fundamentals of international oil & gas law / William E. Hughes.
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