International Energy Law 2nd Edition by Mohammad Naseem, Saman Naseem ISBN 9789403533131 9403533137

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ISBN 10: 9403533137
ISBN 13: 9789403533131
Author: Mohammad Naseem, Saman Naseem

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 International Energy Law. 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 International Energy Law. 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

International Energy Law 2nd Edition Table of contents:

Part I. International Energy Law and Sources

Chapter 1. Sources of International Energy Law

§1. Domestic Law

§2. International Treaties and Agreements

I. Energy Charter Treaty

II. International Energy Charter

III. Treaties Relating to Use of Nuclear Energy

IV. Bilateral Investment Protection Treaty and Agreements

V. Trans-boundary Agreements/Treaties as Source

VI. Agreements and Working of Energy-Specific Bodies, as Source

A. International Energy Agency

B. Organisation for Economic Co-operation and Development

C. WTO and ECT

D. Organization of the Petroleum Exporting Countries

E. Multilateral Environment Agreements

F. Regional-Level Agreements Like EU and North American Free Trade Agreement

§3. Energy Contracts

§4. International Custom and Practices

§5. International Institutions and Organizations

§6. International Arbitration Awards

Part II. Petroleum

Chapter 1. Concessions and Licenses

§1. Main Terms of Concessions and Licenses

I. Exclusive Right

II. Duration

III. Ownership of Production

IV. Ownership of Installation

V. Parties and Their Responsibilities

VI. Signature Bonus

VII. Royalties

VIII. Special Participation Fee

IX. Payment for Retention of the Area

X. Local Content

Chapter 2. Tax and Royalty Regime

§1. Royalty

§2. Income Tax

§3. Resource Rent Tax

§4. Ring Fencing

§5. Transfer Pricing

Chapter 3. Joint Ventures and Participation Agreements

§1. Types of JVs

I. Contractual or Unincorporated JV

II. Incorporated JV

Chapter 4. Production Sharing Contract

§1. Offer of Petroleum Acreages Through Bidding

§2. Basic Concept

§3. Salient Features of a Typical PSC

I. Signature and Production Bonus

II. License for Exploration Period

III. Relinquishment

IV. Liabilities of Resource Owner and Contractor

A. Implications of Macondo Well Blowout and Oil Spill Liability

B. Huge Quantum of Liability

C. Likely Consequences

V. Work Program

VI. General Rights and Obligations of the Parties

VII. Discovery, Development and Production

VIII. Mining Lease

IX. Unit Development

X. Protection of Environment

XI. Fiscal Regime under PSC

A. Cost Oil and Profit Oil

B. Royalty, Tax, Cess

XII. Fiscal Stability

A. Stabilization Clauses in PSC

B. Discuss and Keep Constant the Economic Benefits

C. No Tax to Be Paid by IOC But Paid by NOC

D. Tax Reimbursed by NOC

E. Grand Father Clause

F. Parliamentary Approval and Ratification

G. Renegotiation

H. Stabilization Clauses and Human Rights

XIII. State Equity

XIV. Indirect Taxes and Import Duties

XV. Value Added Tax

XVI. Sale, Disposal and Valuation of Petroleum

XVII. Employment and Procurement Policy

XVIII. Distribution of Liability-Insurance and Indemnities

XIX. Duration of the Contract and Force Majeure

XX. Accounting Procedure and Other Control Tools

XXI. Other Provisions

§4. The Choice Between Tax/Royalty and Production Sharing Regimes

§5. Revenue Sharing Contract

I. Differences Between PSC and RSC

II. Application of RSC in India

A. Draft MRSC

B. Review of RSC by India

Chapter 5. Service Contract and Buyback or Risk Service Contract

§1. Service Contracts

§2. Risk Service Contract or Buybacks

I. Cost Recovery and Remuneration in Buyback Arrangement

II. Title in Petroleum

III. Exploration PSC and Development PSC

§3. Iranian Petroleum Contracts

I. Differences Between Buyback and IPC

II. Types of Contracts

III. Joint Operations

IV. Bidding Process

V. Cost Recovery and Remuneration

VI. Shortcomings

Part III. Coal

Chapter 1. Introduction

§1. Global Coal Reserves

§2. Global Coal Production

§3. Global Coal Consumption

§4. Transformation of Global Energy Market

§5. Coal Imports and Consumption Trends

§6. Price of Coal

§7. International Law and Mining Industry

I. Force Majeure and Change in International Law

II. International Treaties Relating to Coal

A. ECSC Treaty, Paris 1951

B. The Treaty of Point Elliot

Chapter 2. Coal and Pollution

§1. Environmental Impact of Coal

§2. Rights of Indigenous People Against Environmental Degradation

§3. The Exploitation of Coal and Human Rights

Part IV. Electricity

Chapter 1. Changing Electricity Scenario

§1. Access to Electricity

§2. Electricity Demand and Consumption

§3. Role of Renewables

§4. Slow Pace of Electrification

§5. Role of Utilities

§6. Structural Changes

Chapter 2. Electricity Reforms in the World

§1. Vertical Integration

I. International Practice in Vertical Integration

A. Single Fully Vertically Integrated Monopoly

B. Multiple Vertically Integrated Regional Monopolies

II. Impact of Vertical Integration

§2. Growth in Renewable Energy Sources

§3. WTO and Electricity Trade

I. WTO Customs Valuation Agreement

II. Electricity Energy Trade Contract

III. Reforms in the Electricity Market

A. Liberalization

B. Restructuring

C. Corporatization

D. Deregulation

§4. U.S. Experience in Market Reform

§5. Retail Competition and Small Customers

§6. Competitive Metrics

I. Regulator

II. Resource Adequacy and Investment in Infrastructure

§7. Global Electricity Initiative

I. Role of Utilities

II. Transforming Global Energy System

III. Reform Laws

A. Subsidies

B. Regulatory Approaches

Chapter 3. Power Purchase Agreements

§1. Main Provisions of Power Purchase Agreement (PPA)

I. Quantity, Quality and Price

II. Take-or-Pay Clause

III. Third-Party Sales

IV. Performance Matrix of Power Producer

V. Consequences of Termination

Chapter 4. Nuclear Power

§1. Clean Energy

§2. Nuclear Generating Capacity

§3. Nuclear Thermal Propulsion

§4. Use of Nuclear Energy and UN

I. International Atomic Energy Agency

II. Non-proliferation Treaty

Part V. Renewable Energy

Chapter 1. Overview of Renewables

§1. Sources of Renewables

I. Wind Energy

II. Hydropower

A. Advantages of Hydropower

B. Technology

III. Biofuels

IV. Solar Photovoltaic

Chapter 2. Feed-In Tariff

§1. Fixed-Price Versus Premium Tariff

§2. Cost Allocation

§3. Contract Duration

§4. Applicable Energy Technologies

§5. Tariff Amount

§6. Digression Rate

§7. Advanced Renewable Tariffs

§8. The Success of FIT Policy

I. Who Pays for FITs?

II. Beneficiary from FIT

§9. Benefits of FIT

I. Reduction in CO2 Emissions

II. The Creation of Jobs

III. A More Secure Domestic Energy Supply

IV. An Increased Drive for Technological Innovation

V. The Creation of Fair Market Conditions for Renewable Technologies

VI. FIT Payment Duration

§10. Developing FITs Through Laws and Regulation

§11. FITs in Developing Countries

Chapter 3. Renewable Energy Certificate

§1. International Experience of REC Implementation

§2. Salient Features of REC Mechanism

§3. Institutional Setup and Identification of Roles and Responsibilities

§4. United States

I. Compliance and Voluntary Markets

§5. Germany

§6. United Kingdom

Part VI. International Energy Law and Environment

Chapter 1. Global Energy Growth and Environment

§1. Energy Use and Impact on Environment

I. Position of China

II. Position of India

§2. Role of Natural Gas in Pollution Control

§3. Global Energy Transition

§4. Subsidies for Renewables

Chapter 2. Nuclear Energy and Environmental Liability

§1. Treaties on Use of Nuclear Energy

I. Antarctic Treaty 1959

II. Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water (Partial Test-Ban Treaty), 1963

III. Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco), 1967

IV. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty), 1967

V. Non-proliferation Treaty, 1968

VI. Treaty on the Prohibition of the Emplacement of Nuclear Weapons on the Sea-Bed and the Ocean Floor and in the Subsoil Thereof (Sea-Bed Treaty), 1971

VII. South Pacific Nuclear-Free Zone Treaty (Treaty of Rarotonga), 1985

VIII. Southeast Asia Nuclear-Weapon-Free Zone Treaty (Treaty of Bangkok), 1995

IX. African Nuclear-Weapon-Free Zone Treaty (Treaty of Pelindaba), 1996

X. Comprehensive Nuclear-Test-Ban Treaty, 1996

XI. International Convention for the Suppression of Acts of Nuclear Terrorism (Nuclear Terrorism Convention), 2005

XII. Central Asia Nuclear-Weapon-Free Zone Treaty (Treaty of Semipalatinsk), 2006

XIII. Bilateral Agreements Between U.S. and Russian Federation on the Limitation of ABM Treaty, 1972

XIV. The United States-Soviet Union Intermediate-and Shorter-Range Nuclear Forces Treaty, 1987

XV. The United States-Soviet Union Strategic Arms Limitation and Reduction Treaty, 1991 (START I)

XVI. The United States-Soviet Union Strategic Arms Limitation and Reduction Treaty, 1993 (START II)

XVII. Strategic Offensive Reductions Treaty, or the Moscow Treaty, 2002

§2. Environmental Friendly Source of Energy

§3. Nuclear Reactor and Environmental Consideration

I. Installation of a Reactor

II. Disposal of Radioactive Waste

III. Spent Reactor Fuel and Reactor Decommissioning

§4. Nuclear Safety and Liability for Environmental Disaster

I. Chernobyl in Ukraine

II. Fukushima in Japan

Chapter 3. The Regulation of Oil Spills from Ships and Offshore Installations

§1. Introduction

§2. Treaties and Conventions

I. MARPOL Convention

II. Safety of Life at Sea International Convention, 1974

III. International Convention on Standards of Training Certification and Watch Keeping for Seafarers, 1978

IV. Convention on the International Regulations for Preventing Collisions at Sea, 1972

V. Loadline International Convention, 1966

VI. OPRC International Convention on Oil

VII. Intervention International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969

VIII. Salvage the International Convention

IX. CLC International Conventions on Civil Liability for Oil Pollution Damage, 1969 and 1992

X. International Conventions on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 and 1992 (Fund Convention), and the Supplementary Fund Protocol, 2003

§3. Quality and Risk Assessment Study

§4. IMO Conventions/Port State Requirements/Local, National and Regional Response Plans

§5. Blowout and Oil Spill Liability

I. Piper Alpha Disaster

II. Macando Blowout

A. Likely Consequences

B. Responses in U.S.

C. Cap on Oil Spill Liability

III. Challenges for Countries with Underdeveloped or No Legislation

Chapter 4. Coal Energy and Pollution

§1. Introduction

§2. Coal to Renewables

§3. Mining and Radioactivity

§4. Preference Relating to Alternatives to Coal

Chapter 5. Electricity and Pollution

§1. Coal Used for Electricity Generation

§2. Nuclear Power Stations

§3. Pollution and Preference of Energy Source

§4. Coal-Fired Electricity Generation

§5. Radiation

Part VII. Unitization and Trans-boundary Issues

Chapter 1. Unitization

§1. Rule of Capture

§2. Rule of Cooperation

§3. Frigg Unitization Agreement

§4. The Framework Agreement

§5. Unitization and Joint Development

I. Evolution of Unitization

II. The Pre-unitization Agreement

A. Key Provisions of a Pre-unitization Agreement

III. The Unitization Agreement

A. Structure of Unitization Agreement

B. Change in the Unit Area

IV. Redetermination

A. Process for Redetermination

B. Redetermination and Role of Expert

V. Legal Position of Existing JOA

§6. Joint Development Arrangements

I. Main Provisions of JDA

A. Geographical Scope

B. Exploration and Development

C. Institutional Machinery

D. Environmental Protection

E. Fiscal Provisions

F. Dispute Resolution Mechanisms

G. Decommissioning

Chapter 2. Marine Energy Resources and Trans-boundary Issues

§1. Sea Wealth as Common Heritage of Mankind

I. Third Law of Sea Conference

§2. Deep-Sea Mining

§3. Provisions of UNCLOS

I. Territorial Sea

II. Straits Used for International Navigation

III. Archipelagic States

IV. Exclusive Economic Zone

V. Continental Shelf

VI. High Seas

VII. Islands

VIII. Enclosed or Semi-enclosed Seas

IX. Landlocked States

X. International Seabed Area

XI. Marine Pollution

XII. Marine Scientific Research

XIII. Settlement of Disputes

XIV. Right to Free Passage

§4. International Acceptance

§5. Deep Seabed Mining

Chapter 3. Cross-Border or Transborder Pipelines

§1. The Legal Regime for Pipeline

I. Conventions and Treaties

A. 1982 United Nations Convention on the Law of the Sea

B. The Energy Charter Treaty

§2. Multilateral and Bilateral Arrangements

§3. Right to Lay Submarine Pipeline

I. Rights of Coastal and Other Interested States

II. Adjudication of Disputes

§4. Environmental Aspects of Cross-Border Pipelines

I. Regional Environmental Regimes

§5. Human Rights and Pipelines

§6. Practical Problems and Issues

Chapter 4. WTO Agreement and Energy

§1. Classification Problem

§2. Environmental Protection and WTO

I. Multilateral Environmental Agreements

II. Regional-Level Agreements Like EU and NAFTA

III. Green Public Procurement

§3. WTO Framework Agreement on Energy

I. The Basic Classification of Energy and Energy Services

§4. Trade in Energy Services

I. Classification of Energy Services

II. Energy and Rules on Subsidies

A. State Resources

B. The Selective Benefit for an Undertaking

C. Distortion of Competition and Effects on Trade Between Member States

D. Energy Production Controls and Export Restrictions

E. Imports Made Restrictive Through State-Trading Operations

F. Available Exceptions

III. Competition Rules and WTO

IV. Regulatory Coherence

Part VIII. Investment Stability and Energy

Chapter 1. Investment Protection

§1. Permanent Sovereignty of State over Natural Resources

§2. Protective Mechanisms for Investors

Chapter 2. Stabilization

§1. Types and Nature of Stabilization Clause

I. Freezing the Tax System

II. Economic Balancing Clause

III. Allocation of Burden

IV. Intangibility Clause

§2. Multilateral and BIT

§3. Renegotiation

§4. Renegotiation and Stabilization Clause

I. Duty to Renegotiate

§5. Cases Related to Stabilization Clauses

I. The Aminoil Case

II. AMOCO v. Iran

§6. Restraint Imposed by Domestic Law

Chapter 3. Renegotiation

§1. Acquired Wisdom

§2. No Renegotiate Clause

§3. Obligation to Renegotiate?

§4. Contract with Renegotiation Clause

I. The Aminoil Clause

II. The Ok Tedi Clause

III. The Ghana/Shell Clause

IV. The Lasmo Clause

V. The Qatar Clause

§5. Similarities and Differences

§6. Obligations to Reach an Agreement

§7. Duty to Negotiate to the Extent of Agreeing

§8. Claims for Damages

§9. Enforceability of the Renegotiation Clause

§10. Arbitration as a Means of Contract Adjustment

Chapter 4. Nationalization

§1. Resource Nationalism

§2. Investment Treaties

I. Most-Favored-Nation Clause

II. Fair and Equitable Treatment

III. Basic Rules of BIT

§3. Nationalization and Dispute Resolution

I. International Centre for Settlement of Investment Disputes

A. Enforcement of Award

§4. Positive Impact of Treaty Protection

I. Indirect Expropriation

§5. Cases of Expropriation under International and National Law

I. The Government of the State of Kuwait v. The American Independent Oil Company (1982)

II. Exxon Mobil v. Government of Venezuela

III. Occidental Petroleum Corporation (Oxy) v. The Republic of Ecuador

Part IX. Energy Business and Human Rights

Chapter 1. Violation of Human Rights

§1. Rights of Indigenous Peoples

I. Nigeria, the Delta and Ken Saro-Wiwa

II. Burma and Unocal

III. Chad-Cameroon Pipeline

IV. American Continent and Extreme Fossil Fuel Technologies

§2. Stabilization and Human Rights

I. Human Rights Undertakings

II. Stabilization Clauses and Human Rights

§3. Renewable Energy and Human Rights

§4. Access to Affordable Energy: A Human Right

Part X. Sanctions and Energy Business

§1. Sanction Regimes

I. EU and U.K. Sanction Regimes

II. U.S. Sanctions Regime

A. U.S. Regulations

III. U.N. Sanctions

§2. Sanctions on Different Countries

I. Sanctions Against Venezuela

II. Sanctions Against Russia

III. Sanctions Against Iran

A. UN Sanctions on Iran

1. UN Resolutions Concerning Iran

a. UN Security Council Resolution No. 1696 of 2006

b. UN Security Council Resolution No. 1737 of 2006

c. UN Security Council Resolution 1747 of 2007

d. UN Security Council Resolution 1803 and 1835 of 2008

e. UN Security Council Resolution 1929 of 2010

f. UN Security Council Resolution 2231 of 2015

B. EU and U.K. Sanctions Against Iran

C. U.S. Sanctions Against Iran

D. Reasons for U.S. Sanctions on Iran

E. Legal Challenges to the Sanctions

F. Effects of Sanctions

1. Decline in Oil Production

2. Scarcity of Important Basic Items

3. Decline in Value of Currency

4. Ship Insurance

5. Barter Trade

6. Drop in Oil Revenue

7. Humanitarian Impact

G. Civil Movement Against Sanctions

H. Frozen Assets

I. Relief from Sanctions

1. Relief Through JCPOA

2. U.S. Withdrawal from JCPOA

3. EU Blocking Statute

Part XI. Dispute Settlement in Energy Sector

§1. Alternate Dispute Resolution

I. The Singapore Convention on Mediation, 2020

§2. Dispute Resolution in Hydrocarbon Industry

§3. Stay of Court Proceedings

I. For Facilitating ADR

II. Stay on Commencement of Expert Determination

§4. Issues and Disputes Arising out of COVID-19

Chapter 1. Arbitration

§1. Appointment of Arbitrator

§2. The Energy Arbitrators

I. Energy Arbitrators List

II. Institute for Energy Law EAL

III. The Hong Kong International Arbitration Center

§3. Publication of Award

§4. Enforcement of Arbitration Award

I. Enforcement in China

II. Domestic Court Interference

§5. Problems in Appearance

I. Restrictions in Thailand

II. Restriction in China

III. Relaxation in Some Countries

Chapter 2. Litigation

§1. Granting of License

§2. Interested Parties and Sufficient Interest

§3. Litigation and Environmental Groups

§4. Business in South Africa

§5. Exercise of Discretion

§6. Government Obligation to Achieve Target Set

§7. Duty to Give Reasons

§8. Fairness Versus Consistency

§9. Full Public Consultation

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