Ad Hoc Arbitral Tribunal: Partial Award and Final Award in the Matter of an Arbitration between Wintershall A.G., et al., and the Government of Qatar(Exploration and Production Sharing Agreement)

1989 ◽  
Vol 28 (4) ◽  
pp. 795-841
Keyword(s):  
Ad Hoc ◽  
Arbitral Tribunal ◽  
Production Sharing ◽  
Exploration And Production ◽  
The Government

International Chamber of Commmerce Court of Arbitration: Final Award of the Arbitral Tribunal in Arbitration Between National Oil Corporation and Libyan Sun Oil Company (Withdrawal from Exploration and Production Sharing Agreement)

1990 ◽  
Vol 29 (3) ◽  
pp. 601-623
Keyword(s):  
Arbitral Tribunal ◽  
Production Sharing ◽  
Force Majeure ◽  
Exploration And Production ◽  
Oil Company

In Its briefs dated September 15 And November E, 19E5, N.O.C. did not Invoke as being a withdrawal, any action from SDN-OIL In ceasing performance before the Request for Arbitration was filed, other than the “force mejeure” excuse. Its argumentation was different. N.O.C. considered that, assuming that SUN-OIL had not withdrawn from the EPS* In 1962, there would be withdrawal If SUM-OIL does not resume, or does not show that it intends to resume, the Exploration Operations in spite of the Arbitral Tribunal's award regarding the Invalidity of the force majeure excuses. In such case, SUN-OIL would have to pay N.O.C. the costs of the uncompleted portion of the Exploration Program, as provided under Art. 3.4. of the EPSA.

What Hit and Miss in Indonesia CBM Project : Empirical Study Slowing Down Factors CBM Development and Propose Suitable Action for CBM Development in Indonesia by Using Analytical Hierarch Process.

2021 ◽  
Author(s):  
I.A. Firdaus
Keyword(s):  
Oil And Gas ◽  
Economic Value ◽  
Gas Production ◽  
Coal Bed ◽  
Production Sharing ◽  
High Investment ◽  
The Government ◽  
Exploration Period ◽  
Production Areas ◽  
Testing Standards

In 2008, the first Coal Bed Methane (CBM) PSC was signed in Indonesia. To date, 54 CBM PSCs have been awarded to explore and develop CBM Block in Indonesia. Twelve years later, only one PSC has submitted a Plan of Development but has not yet produced gas commercially. Most CBM PSCs have been struggling during the 10 years’ exploration period and some may receive extensions for 3 years under specific conditions. The lack of integrated authorities’ approval in the overlay of coal mining and natural gas production areas has become a great obstacle for CBM Development. Besides that, the government regulations in CBM activities have defects in PSC contract terms that may lead marginal economic value for contractors, especially due to high investment during the early development (C. Irawan, 2017). On the other hand, drilling regulations, Pipe Classing standards and Testing Standards following the Oil and Gas standards are too expensive for CBM Investment. According to our observations, CBM Regulations in Indonesia should be modified starting from the Exploration period, Production Sharing Contract Terms and Standard Operating Procedures to suit Indonesian CBM characteristics. Good coordination within government departments is a must for the success of CBM Exploration and Development.

scholarly journals A Statutory Vetting Scheme for the Children's Workforce in New Zealand: Rights, Responsibilities And Parameters

2013 ◽  
Vol 44 (3/4) ◽  
pp. 539
Author(s):  
Nessa Lynch
Keyword(s):  
New Zealand ◽  
Ad Hoc ◽  
Vulnerable Children ◽  
The Government

New Zealand is unusual amongst comparable jurisdictions in lacking a statutory scheme to vet and possibly disqualify 'risky' individuals from working or volunteering with children. The current vetting process in New Zealand is ad hoc and not transparent. The Government has signalled its intention to place vetting on a statutory footing through the Vulnerable Children Bill. This article considers the appropriate parameters of a vetting scheme, considering the experiences of jurisdictions with established schemes.

scholarly journals Analisis Curse Theory pada Sumber Daya Alam Migas Bagi Warga Madura

2018 ◽  
Vol 14 (1) ◽  
pp. 12
Author(s):  
Mohammad Hidayaturrahman
Keyword(s):  
Oil And Gas ◽  
Gas Production ◽  
Community Empowerment ◽  
Government Programs ◽  
Oil And Gas Production ◽  
Oil And Gas Exploration ◽  
Exploration And Production ◽  
State Income ◽  
The Government ◽  
Oil And Gas Sector

Government policies in natural resource management, especially in the oil and gas sector face a lot of problems. However, the government also has a responsibility to improve the life of people affected from oil and gas exploration and production activities. This research was aimed at investigating how the implementation of policies run by the central and local government toward the oil and gas management and community empowerment, especially the community located closely  to oil and gas exploration and production activity in Madura, East Java. This research method is phenomenological research using descriptive qualitative approach. Therefore, this study is conducted through direct observation on the object during the research time. The data collection is done through observation and interview. The results of this study revealed that it is needed an integrated step done by the government, vertically, whether central, provincial, district, and village to synchronize oil and gas management and community empowerment programs. By doing so, the ideas and desires to improve the welfare and increase the state income will be realized, especially in focusing corporate and government programs improving citizen’ economic and education, whose area becomes the location of oil and gas production.

Commission of the European Communities v. Ireland. Case C-459/03. Judgment

2007 ◽  
Vol 101 (1) ◽  
pp. 171-178 ◽  
Author(s):  
Daniel Bodansky ◽  
Cesare P. R. Romano
Keyword(s):  
European Community ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
Exclusive Jurisdiction ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Grand Chamber ◽  
Ec Law

Commission of the European Communities v. Ireland. Case C-459/03. Jud gment. At <http://eur-lex.europa.eu>.Court of Justice of the European Communities (Grand Chamber), May 30, 2006.On May 30,2006, the Court of Justice of the European Communities (ECJ) ruled on Case C-459/03, Commission v. Ireland, brought by the European Commission (Commission) and alleging Ireland's failure to fulfill obligations under the Treaty Establishing the European Community (EC Treaty). In 2001, Ireland had initiated proceedings against the United Kingdom before an ad hoc Arbitral Tribunal pursuant to the Annex VII dispute settlement procedures of the 1982 UN Convention on the Law of the Sea (LOS Convention). In the present case, the Commission alleged, first, that Ireland breached Article 292 of the EC Treaty and Article 193 of the EURATOM Treaty (EA Treaty) because, by submitting the dispute to Annex VII arbitration, Ireland failed to respect the ECJ's exclusive jurisdiction on the interpretation and application of EC law. Second, the Commission claimed that Ireland had violated Article 10 of the EC Treaty and Article 192 of the EA Treaty because, by not consulting with the Commission before initiating arbitral proceedings, Ireland had hindered the achievement of the EC's tasks and jeopardized the attainment of the objectives of the EC Treaty. The Court upheld all complaints.

International Arbitral Tribunal: Award on the Merits in Dispute Between Texaco Overseas Petroleum Company/California Asiatic Oil Company and the Government of the Libyan Arab Republic (Compensation For Nationalized Property)

1978 ◽  
Vol 17 (1) ◽  
pp. 1-37 ◽  
Keyword(s):  
International Law ◽  
Arbitral Tribunal ◽  
Oil Companies ◽  
Legal Effect ◽  
History Of ◽  
The Government ◽  
Contractual Obligations ◽  
Petroleum Company ◽  
First Time ◽  
Oil Company

The following arbitral award was rendered by a sole arbitrator in connection with disputes reen the Libyan Arab Republic ("Libya") and two international oil companies arising out of rees of nationalization promulgated by Libya. This award is being reproduced herewith in entirety . The award not only considers many fundamental principles and doctrines of international law but is also unique in two major respects . For the first time in the history of international arbitration relating to economic development contracts , an arbitral tribunal held ; the injured parties were entitled to restitutio in integrum and that the sovereign s t a te obliged to perform specifically its contractual obligations with private foreign investors, iddition, the arbitral tribunal , after reviewing the legal effect in international law of the :ed Nations General Assembly resolutions concerning permanent sovereignty over natural wealth resources, concluded that such resolutions could not be used by the state to violate its :ractual obligations in commercial transactions . The remaining portion of this Introductory : will briefly describe the steps leading to arbitration , the arbitral proceedings and the ilution of the disputes.

Deepwater Pipeline Challenges

2015 ◽  
Author(s):  
Nitesh Sinha ◽  
Raj Kishore
Keyword(s):  
Deep Water ◽  
Oil And Gas ◽  
Deep Waters ◽  
Additional Manufacturing ◽  
Water Pipelines ◽  
Exploration And Production ◽  
Maximum Water ◽  
Mitigation Design ◽  
The Government ◽  
Increasing Demand

With the ever-increasing demand of energy in the country, the Indian exploration and production is now compelled to move into deepwater frontiers. The country’s energy reserve is getting exhausted with drying shallow water assets and the mainland is already overwhelmed with the pressure of sustaining the world’s second largest population. Therefore, “the upstream oil and gas fraternity of the country” has to now enter “less explored” Indian deepwater block which has already started with the launch of the NELP block by the government. Although, the world has moved into deepwater long back, the Indian industry is still developing the ways and means to tackle the challenges involved in deep water. This paper presents the insights into design and installation of deepwater pipelines along with case study of Middle East to India Deepwater Pipeline (MEIDP) of M/s SAGE, which shall be laid at a maximum water depth of 3450 m. This paper broadly elucidates the challenges in designing the deepwater pipelines such as requirement of thick-walled line pipes to sustain collapse due to external over-pressure and tensile stresses generated due to installation forces, pipeline route selection and optimization, geo-hazard assessment & mitigation, design against fault line crossings/ seismic design, free span, repair systems, seabed intervention etc. It also covers the additional manufacturing & testing requirements including tighter tolerances for line pipes suitable for deepwater installations. It also highlights the deepwater installation capabilities of Pipe lay Barges for the laying of pipeline in the deepwater to ultra-deep waters along with new evolving testing and commissioning philosophies. This paper intends to bring awareness among the “oil and gas fraternity” regarding challenges involved in deep water pipelines with respect to design, installation etc.

Applicability of the Excess of Power Doctrine to the ICJ and Arbitral Tribunals

2018 ◽  
Vol 17 (1) ◽  
pp. 251-270
Author(s):  
Dai Tamada
Keyword(s):  
South China Sea ◽  
South China ◽  
Ad Hoc ◽  
Controversial Issues ◽  
Arbitral Tribunal ◽  
International Courts ◽  
Res Judicata ◽  
The Icj ◽  
Treaty Interpretation ◽  
The Difference

Abstract The problem with regard to the excess of power doctrine, one of the most controversial issues in the procedure of international courts and tribunals, was invoked in certain recent cases, such as the Bosnian Genocide case and the South China Sea case. To solve this problem, it is necessary to examine two relevant legal notions: the principle of competence-competence; and the principle of res judicata. First, the principle of competence-competence has been regarded as a relative power of arbitral tribunals in the sense that it is limited by the application of the rules of treaty interpretation. This means that there are possibilities, in the substantive sense, of an excess of power even when the principle of competence-competence is applied. Second, the international jurisprudence has shown that the force of res judicata can be excluded by a post-award agreement of the parties. Thus, it is possible, substantively and procedurally, to examine the possibility of an alleged excess of power having been committed by an arbitral tribunal and this understanding has been accepted by the ICJ in its jurisprudence. On the contrary, the ICJ has denied the possibility of an excess of power by itself, on the basis of the absolute power of competence-competence and the principle of res judicata. Here, several problems remain unsettled with regard to the difference between the possibility of an excess of power by ad hoc arbitral tribunals and the possibility of an excess of power by the ICJ.

Nationalism and Foreign Policy

2017 ◽  
Author(s):  
Harris Mylonas ◽  
Kendrick Kuo
Keyword(s):  
Foreign Policy ◽  
Political Violence ◽  
Comparative Politics ◽  
Ad Hoc ◽  
International System ◽  
Policy Decision ◽  
Nation State ◽  
Causal Pathways ◽  
Independent Variable ◽  
The Government

Nationalism continues to be an important ideology that informs the way state elites formulate and implement foreign policy. The relationship between nationalism and foreign policy is complex: there are many relevant levels of analysis and multiple causal pathways linking nationalism and foreign policy. Scholars have identified national masses, elite policymakers, and the nation-state itself as units of analysis. The causal mechanisms that relate nationalism and foreign policy have also been wide ranging: nationalism has been treated as an independent variable that drives foreign policy decision making but also as endogenous to international factors and a country’s foreign policy. Moreover, the causal relationship between nationalism and foreign policy has also been conceptualized as an interactive one. This eclecticism is noticeable in the study of nationalism and war. The war proneness of nationalism may be a function of the type of nationalist ideology being used. The nation-state as a product of the ideology of nationalism may be inseparable from war making. And the international system, ordered upon nationalist principles of self-determination and popular rule, may endogenously produce political violence. More recently, the role of nationalist protests in interstate crisis diplomacy has become more salient, especially in post-Soviet and China studies. Are nationalist protests manufactured by the government, or are governments forced to adopt certain foreign policies because of public pressure? The conundrum about nationalism being endogenous or exogenous again rears its head. Nationalism studies is an interdisciplinary field, but within political science interest in nationalism has largely been confined to comparative politics. International relations theory does incorporate nationalism as an important independent variable, but too often this is done in an ad hoc fashion. All in all, there has not been enough systematic theorizing about nationalism in foreign policy analysis.

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