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 ◽  

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.

2017 ◽  
Vol 36 (1) ◽  
pp. 41-62 ◽  
Author(s):  
Francesco Gerali ◽  
Jenny Gregory

About four centuries passed between the first appearance of pamphlets in which the medical uses of petroleum were discussed (for example, the Tegernsee (southern Bavaria, 1430), Geneva (Swiss Confederacy, 1480), Nurnberg (northern Bavaria, 1500), and the Antwerp (Duchy of Brabant, today Flanders, 1540–1550) pamphlets), and Michael Faraday's discovery in 1825 of the chemical composition of benzene derived from bituminous oil as a compound of carbon and hydrogen. During this long time span, studies of oil, carried out between alchemy and chemistry, benefited from rapid advances and brilliant insights, much as they had moments of stagnation, and disappointing regressions. In 1855 the chemist Benjamin Silliman Jr., of Yale University, proved that crude oil could be decomposed through a process of fractional distillation into a range of fuels and lubricants cheaper than the oils, greases and waxes rendered by animal fats and vegetal matter (Silliman 1855; Forbes 1948 Forbes 1958). In the course of the early 1860s, oil became the main source of illumination first in North America, then in Europe and Australia. This transformation of oil from a substance of limited use into a commodity of mass consumption radically changed the pattern of oil finding and production. Crude was no longer collected just from natural springs or draining seepages, but was pumped out of the ground from wells drilled by machines using steam power. This was the first step toward the modern oil industry, and a breakthrough in the history of energy: the beginning of an oil society. The first part of this article provides an introduction to the early uses and production of petroleum in Europe, and advances in understanding the nature, the physical properties, and the composition of hydrocarbons. It provides a brief analysis of the interaction between technology, society and the environmental context in northwestern Pennsylvania, where, between 1858 and 1859, a new successful pattern developed to produce oil in commercial quantity. From 1861, that innovative process put the United States in the position to gain increasing shares in the young European mineral oil markets and, subsequently, to jeopardize the position of local oil (vegetal, animal and mineral) producers. The second part, using a national case study approach, explores the history of a British oil company operating in Romania since 1863, the Wallachian Oil Company. This venture by London stockholders—short, difficult, and abortive—is a mirror of the nature of the business implemented by emerging oil companies, not only from Europe, and therefore exemplifies the challenges of setting the modern oil sector in motion in the nineteenth century.


1978 ◽  
Vol 17 (1) ◽  
pp. 119-133

One of the most important tasks entrusted to the Preparatory Commission under paragraph C.l(o) of its Statute, was to prepare, for submission to the Governing Council, a Working Papar on the policies and criteria to govern financing by the Fund.


1981 ◽  
Vol 75 (3) ◽  
pp. 476-552 ◽  
Author(s):  
Robert B. von Mehren ◽  
P. Nicholas Kourides

On November 29 and 30, 1971, Iran occupied three islands, which were nominally under British protection, in the Persian Gulf. As a result of Britain’s failure to prevent the occupation, the Government of the Libyan Arab Republic, on December 7, 1971, announced the nationalization of all of the interests and properties in Libya of BP Exploration Company (Libya) Limited (BP), a subsidiary of British Petroleum Company Limited. On September 1, 1973, on the fourth anniversary of the military takeover of Libya led by Colonel Muammar el-Qaddafi, the Government of Libya announced the nationalization of 51 percent of the interests and properties in Libya of nine international oil companies. Approximately 5½ months later, on February 11, 1974, on the eve of the opening of the Washington conference of major oil-importing nations, the Government of Libya announced the nationalization of the remaining 49 percent of the interests and properties in Libya of three of those nine companies: Texaco Overseas Petroleum Company (TOPCO), a subsidiary of Texaco Inc.; California Asiatic Oil Company (CALASIATIC), a subsidiary of Standard Oil Company of California; and the Libyan American Oil Company (LIAMCO), a subsidiary of Atlantic Richfield Company.


Orthodoxia ◽  
2021 ◽  
pp. 111-124
Author(s):  
F. A. Gayda

This article deals with the political situation around the elections to the State Duma of the Russian Empire in 1912 (4th convocation). The main actors of the campaign were the government, local administration, liberal opposition and the clergy of the Orthodox Russian Church. After the 1905 revolution, the “official Church” found itself in a difficult situation. In particular, anti-Church criticism intensified sharply and was expressed now quite openly, both in the press and from the rostrum of the Duma. A consequence of these circumstances was that in this Duma campaign, for the first time in the history of Russian parliamentarianism, “administrative resources” were widely used. At the same time, the authorities failed to achieve their political objectives. The Russian clergy became actively involved in the election campaign. The government sought to use the conflict between the liberal majority in the third Duma and the clerical hierarchy. Duma members launched an active criticism of the Orthodox clergy, using Grigory Rasputin as an excuse. Even staunch conservatives spoke negatively about Rasputin. According to the results of the election campaign, the opposition was even more active in using the label “Rasputinians” against the Holy Synod and the Russian episcopate. Forty-seven persons of clerical rank were elected to the House — three fewer than in the previous Duma. As a result, the assembly of the clergy elected to the Duma decided not to form its own group, but to spread out among the factions. An active campaign in Parliament and the press not only created a certain public mood, but also provoked a political split and polarization within the clergy. The clergy themselves were generally inclined to blame the state authorities for the public isolation of the Church. The Duma election of 1912 seriously affected the attitude of the opposition and the public toward the bishopric after the February revolution of 1917.


Author(s):  
Neil Todd

In this article, documents relating to the history of the Radium Committee of the Royal Society are collated for the first time. Founded in 1903, the committee had its status enhanced in 1904, when the Goldsmiths' Company donated £1000 for the establishment of a Radium Research Fund. Two years later the fund was used to purchase 500 kg of pitchblende residues from the Austrian government. The French chemist Armet de Lisle was contracted to perform the first stage of extraction, and the process of purification was performed at the Government Laboratory during 1907 by the Government Analyst, T. E. Thorpe, yielding an estimated 70 mg of radium chloride. In 1914 the unexpended balance of about £500 was awarded to Ernest Rutherford, but the bulk was not used until 1921, when Rutherford had moved to Cambridge. The fund was then used to purchase radium that had been on loan to him from Austria before World War I. After Rutherford's death in 1937 the Committee was wound up, and the Society's radium was controlled on a more ad hoc basis. After Thorpe's work in 1907, the radium was lent out successively to several leading scientists until its existence was last recorded in 1953.


2008 ◽  
Vol 22 (4) ◽  
pp. 387-396
Author(s):  
Minas Khatchadourian

This article deals with the concession contracts for the exploration and the production of oil and gas in Egypt. Such tripartite contracts are concluded between the Government of Egypt (GOE) as the host country, a National Oil Company (NOC) as the concession holder and an international oil company (IOC) as the foreign contractor who receives a part of the oil or gas production on a production sharing agreement (PSA). From an Egyptian legal perspective, this contract is qualified as a State contract which is supposed to give the Government some exorbitant powers towards its counterparts. However, in order to attract foreign investors into this kind of agreement and encourage international oil companies to explore natural resources, several legal safeguards are incorporated in the concession agreement. Examples of this include placing the contract in the framework of a legislative act, granting the contract a supremacy on any contrary legislation, stabilization clause, adaptation of the contract through renegotiation, arbitration clause, etc.


Al-Qadha ◽  
2019 ◽  
Vol 6 (1) ◽  
pp. 19-29
Author(s):  
Faisal

The journey of the Religious Courts that has been passed in such a long period oftime means that we are talking about the past, namely the history of the Religious Courts.With the entry of Islam into Indonesia, which for the first time in the first century Hijri (1 H /7 AD) brought directly from Arabia by merchants from Mecca and Medina, the communitybegan to implement the teachings and rules of Islamic religion in everyday life. The ReligiousCourt is one of the Special Courts under the authority of the Supreme Court as the highestcourt in the Republic of Indonesia. As an Islamic Judiciary that had been established longbefore Indonesia's independence, the Religious Courts certainly could not be separated fromthe changes that occurred considering the reign of the Government of Indonesia had been heldby various people with different backgrounds, politics and goals, surely it would have animpact on the existence Religious Courts both materially and immaterially, including duringthe Dutch and Japanese colonial rule in Indonesia.


1973 ◽  
Vol 67 (5) ◽  
pp. 245-248
Author(s):  
James Nevins Hyde

Transnational law includes municipal law, public international law, and conflicts, including some attention to comparative law. For example, the international arbitration between the Arabian-American Oil Company and the Government of Saudi Arabia required George Sauser-Hall, the arbitrator, to weigh all of these variables. When you consider working in this field you should realize that you are concerned with politics, economics, and different bodies of law and also with great areas of uncertainty. I suppose that the current ITT case with $92 millions of investment insurance is a good example of the uncertainty when a political and legal situation gets mixed up.


Author(s):  
A.E. Gotlieb

On July 23, 1964, an act respecting the Territorial Sea and Fishing Zones of Canada was proclaimed by the Governor-in-Council and came into effect. It is a milestone in the history of Canada's attempts to gain greater protection of its interests in its adjacent shores; it does not mark the end of her international efforts but it constitutes a major stride forward in this direction. The Act has three chief effects: for the first time the breadth of the territorial seas of Canada is, for general purposes, defined at three miles; the straight baseline system is made applicable to the Canadian coastline; and a fishing limit is established extending twelve miles from the baselines from which the territorial sea is measured (nine miles from the outer limits of the territorial sea).


Author(s):  
Gerald Tapuka

For the first time in the history of Cameroon, it is facing a conflict that can be compared to no other one. The Boko Haram conflict has not just posed so much difficulty to the population and the government but especially media men and women who are always looking for information to feed the public. It is further complicated because journalists in Cameroon do not have a mastery of Peace Journalism, or conflict sensitive journalism or conflict management and resolution. In this light, they have all dived into the matter with much focus on recounting just the story on the ground, counting the victims and use the war to gain notoriety. They have neither work in favor of pacific resolution of the conflict nor promoting alternatives to the use of force but have been either been embedded in the military’s version of the story while depending so much on the official phase of it and on second hand information. This paper argues that in the communication of the Boko Haram conflict the Cameroonian media have proven to follow the official version in its practice of Straight Journalism, War Journalism and Embedded with very little effort in Peace Journalism.


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