The Interplay of Russian Law, Indigenous People and the Oil and Gas Industry – A Need for Non-Governmental Regulation?

2014 ◽  
Vol 6 (1) ◽  
pp. 120-141
Author(s):  
Minna Pappila
Keyword(s):  
Indigenous Peoples ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Environmental Aspects ◽  
Gas Industry ◽  
Certification System ◽  
The Social ◽  
Russian Law ◽  
The Right ◽  
Production Areas

This article scrutinizes how Russian legislation considers the rights of the indigenous peoples living in Russian oil production areas, and if there is a need for non-governmental certification standards in Russia. To do this, the Russian legislation has been compared with certain requirements of a new EO100TM Standard which seeks to regulate the social and environmental aspects of the oil and gas industry. The results of the study reveal that there are many aspects of indigenous peoples’ rights, such as access to information, possibilities for free, prior and informed consent, and the right to pursue traditional livelihoods, that Russian legislation does not adequately address. Since quick improvements in Russian legislation are unlikely, the use of an oil and gas certification system could help to improve the current situation in areas where the law does not safeguard the rights of indigenous peoples.

scholarly journals How Oil Contracts Affect Human Rights

2018 ◽  
Vol 3 (4) ◽  
pp. 30
Author(s):  
Maria João Mimoso ◽  
Clara da Conceição de Sousa Alves ◽  
Diogo Filipe Dias Gonçalves
Keyword(s):  
Human Rights ◽  
Oil And Gas ◽  
Social Issues ◽  
Oil And Gas Industry ◽  
Gas Industry ◽  
Oil Companies ◽  
The Social ◽  
Oil Contracts ◽  
The 19Th Century ◽  
The Impact

Since the beginning of the 19th century, we have assisted major proliferation of the oil and gas industry. This phenomenon of exponential growth is due to the fact that oil companies hold the world’s oil monopoly on the extraction, processing and commercialization. Therefore, as being one of the most influential sectors in the world, is crucial to strictly regulate how oil and gas contracts concerns the potential environmental and social impacts arising from the conduct of petroleum operations and how such behavior affects the human rights. As a matter of fact, the social issues field is an emerging area, and despite such importance, oil contracts do not often deal with them in great detail, corresponding to an actual emptiness of the human rights provisions. In terms of responsibly, oil companies, have an inalienable obligation to ensure that their actions do not violate human rights or contribute for their violation. This study aims to trace a detailed analysis of the impact of the oil and gas agreements in human rights. In order to fully comprehend the deep effects of this industry, we will examine, in detail, numerous of published oil and gas agreements, as well as, decode which are the real standards and practices accepted by this industry. We will use a deductive and speculative reasoning. We will try to demonstrate how incipient and short protection is given to human rights and what responsible conducts must urgently be developed.

Fighting Invasive Infrastructures

2018 ◽  
Vol 9 (1) ◽  
pp. 40-56 ◽  
Author(s):  
Anne Spice
Keyword(s):  
Indigenous Peoples ◽  
Oil And Gas ◽  
Critical Infrastructure ◽  
Oil And Gas Industry ◽  
Human Relations ◽  
Gas Industry ◽  
Indigenous Resistance ◽  
Environmental Destruction ◽  
Alternative Approach ◽  
Indigenous Land

In the settler colonial context of so-called Canada, oil and gas projects are contemporary infrastructures of invasion. This article tracks how the state discourse of “critical infrastructure” naturalizes the environmental destruction wrought by the oil and gas industry while criminalizing Indigenous resistance. I review anthropological work to analyze the applicability of the concept of infrastructure to Indigenous struggles against resource extraction. Drawing on fieldwork conducted in Indigenous land defense movements against pipeline construction, I argue for an alternative approach to infrastructure that strengthens and supports the networks of human and other-than-human relations that continue to make survival possible for Indigenous peoples.

The face of energy

2019 ◽  
Vol 59 (3) ◽  
Author(s):  
Peter Bennett
Keyword(s):  
Environmental Sustainability ◽  
Public Perception ◽  
Oil And Gas ◽  
Political Influence ◽  
Oil And Gas Industry ◽  
Problem Solver ◽  
Gas Industry ◽  
The Public ◽  
The Face ◽  
The Right

In this era of technological disruption, when many industries are fighting to stay relevant, the oil and gas industry seems to be stagnant. It is in this environment where public perception of the modern industry is becoming more critical and as younger consumers grow in both number and political influence, their viewpoints will become especially vital to the continued relevance of the industry. The oil and gas industry gives itself high marks for innovation, safety and environmental sustainability, and yet the public opinion in these areas is often portrayed very negatively. We have an image problem. The belief that oil and gas is good for society seems to decline with each younger generation. The public believes the industry is necessary for society, though they still see it as a problem causer, not a problem solver. But support for the industry falls with each generation and millennials are more likely to believe the industry is bad for society and a problem causer. The oil and gas industry needs to communicate and engage with consumers to identify ways to better understand their motivations and concerns. Clearly there is a gap in how the public and executives view the industry and the time to address these perceptions is now. To view the video, click the link on the right.

How to avoid aches and pains in your joint ventures

2016 ◽  
Vol 56 (2) ◽  
pp. 559
Author(s):  
Brent Steedman
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Oil And Gas ◽  
Cost Savings ◽  
Oil And Gas Industry ◽  
Capital Allocation ◽  
Operating Efficiency ◽  
Global Business ◽  
Gas Industry ◽  
The Right

The Australian oil and gas industry is in a period of substantial challenges, including a significant decline in oil prices, fluctuating spot gas prices, a relentless drive for operating efficiency, and tight capital allocation, together with increased regulatory scrutiny and a reputation for below-standards productivity. On the upside, these market challenges provide significant opportunities for companies to bring in new investors, implement new operating models, apply innovation to update processes and practices, and restructure activities. Making material step-changes, requires companies to review, amend, and update joint venture operating agreements (JVOAs). KPMG has worked with many of Australia’s leading oil and gas companies on a range of joint venture engagements. This extended abstract outlines why JVOAs need to be reviewed with respect to the following key opportunities and challenges: Fast-changing global business operating models. Available cost savings by eliminating inconsistent management and operating models between joint ventures. Planning for potential restructuring, including separation of infrastructure (e.g. plants, pipelines, support) from reserve ownership. Sharing of services (e.g. maintenance and logistics) between unrelated joint ventures. Transparency of costs and asset performance. Improved joint venture governance (not more or over-governance) between participants to attract investment. Effective resourcing, noting the right transition of capabilities between deal-makers and joint venture operators. With this extended abstract the authors aim to provide ideas for consideration. Each of these ideas will impact JVOAs. The authors’ proposition is that now is the right time to complete a comprehensive review of JVOAs to enable organisations to move fast as new and innovative opportunities arise.

Enhancing Indigenous partnerships in an increasingly digitised oil and gas industry

2019 ◽  
Vol 59 (2) ◽  
pp. 639
Author(s):  
Michael Lynn ◽  
David Wirrpanda
Keyword(s):  
Oil And Gas ◽  
Minority Groups ◽  
Service Providers ◽  
Indigenous Communities ◽  
Oil And Gas Industry ◽  
Career Pathways ◽  
Perceived Threat ◽  
Gas Industry ◽  
Digital Workplace ◽  
The Right

As oil and gas operators and service providers look to embrace automation and analytics, many of the traditional partnerships with Aboriginal communities relating to employment and career pathways are likely to be challenged. The paper explores how digital trends are affecting, and are likely to affect, Indigenous communities in their partnerships with oil and gas organisations. Workplace roles and activities are evolving in our increasingly digitised world, causing a perceived threat to employment for minority groups such as Indigenous communities. In order to ensure the ongoing presence of opportunities for Indigenous workers in the ‘future of work’, oil and gas organisations will need to augment digital technologies to cater for and enhance existing and future roles. This paper presents a framework for Indigenous communities, governments, oil and gas operators and service providers to embrace digitisation and create sustainable relationships. An approach is considered to engage with Indigenous communities with objectives of executing on their Reconciliation Action Plans and addressing culture and employment challenges that arise through digitisation. The framework positions oil and gas operators and service providers to pivot themselves not only to sustain, but also to enhance Indigenous employment opportunities in a digital workplace. Digitisation is here, but with the right approach it can positively affect and shape partnerships between oil and gas organisations and Indigenous communities.

scholarly journals ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

2018 ◽  
Vol 4 (5-6) ◽  
pp. 223-264
Author(s):  
Carolina Barreira Lins
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The State ◽  
Gas Industry ◽  
National Courts ◽  
Arbitration Clause ◽  
Exploration And Production ◽  
The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

scholarly journals 3PL provider selection in oil and gas industry using the analytic hierarchy process: A case study in oil-field services company X

2020 ◽  
Vol 9 (1) ◽  
Author(s):  
Nguyen Thi Duc Nguyen ◽  
Le Tran Chinh
Keyword(s):  
Supply Chain ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Oil Field ◽  
Analytic Hierarchy ◽  
Software Support ◽  
Gas Industry ◽  
Expert Choice ◽  
The Right ◽  
Outsourcing Logistics

This study aims to: (1) Summarize the criteria for selecting 3PL Provider in supply chain management from literature review and apply these criteria to build the criteria model in choosing 3PL Provider for oilfield services company X for the purpose of expanding their market in the oil and gas industry and (2) Analyze, evaluate two 3PL Providers, along with a new 3PL Provider and suggest the strategy for selecting the suitable 3PL Provider to meet the specific requirements from company X. By arranging in-depth interviews with ten people with different positions, including Operation Manager, Supply Chain Manager, Logistics Manager, Base Manager and Logistics Specialist, along with AHP approach and expert choice 11.0 software support in collecting, processing and synthesizing data to evaluate and determine the appropriate 3 PL Provider for company X. In this study, three 3PL Providers have been chosen for analyzing and evaluating – 3PL Providers A, B, and C. The final results demonstrate that there are six main criteria and 13 sub-criteria in choosing 3PL Provider for oilfield services company X. The six main criteria are Performance, Price, Services, Quality assurance, IT system and Intangible values. The results and hypothetical situations have also been presented and discussed again with the expert logistics group to get their feedback about the practicability of the built model. The expert logistics group has agreed that the built criteria model and results are appropriate and adequate for evaluating and selecting a suitable 3PL Provider from the company’s specific demands. Consequently, this study can also be applied for similar purposes in other companies and shipping agents who need to work with outsourcing logistics services in oil and gas industry by using this built criteria model and synthesis results to find out the right decision for selecting 3PL Provider.

scholarly journals Effective Strategies to Overcome Challenges in ERP Projects: Perspectives from a Canadian Exploratory Study

2019 ◽  
Vol 12 (7) ◽  
pp. 12 ◽  
Author(s):  
Sreekumar Menon
Keyword(s):  
Enterprise Resource Planning ◽  
Oil And Gas ◽  
Resource Planning ◽  
Oil And Gas Industry ◽  
Structured Interview ◽  
Project Managers ◽  
Gas Industry ◽  
Team Members ◽  
Effective Strategies ◽  
The Right

This qualitative exploratory case study explores strategies and mitigating actions for successful Enterprise Resource Planning (ERP) implementations. The research was conducted in a Canadian case organization in the oil and gas industry, using a semi-structured interview guide with a total of twenty interviews that includes members from four project role groups of senior leaders, project managers, project team members, and business users. For triangulation purposes, the study used interview responses and also ERP project documentation collected for the purpose. The research highlighted several strategies and mitigating actions that can be put in use by organizations. The key themes that emerged as effective strategies include having the right people for support and guidance from experts, change management, clear communications, hands-on training, lots of testing, and risk management. The study also provided evidence that adopting strategies can help overcome critical challenges during ERP implementations.

scholarly journals ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

2018 ◽  
Vol 4 (5-6) ◽  
pp. 223-264
Author(s):  
Carolina Barreira Lins
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The State ◽  
Gas Industry ◽  
National Courts ◽  
Arbitration Clause ◽  
Exploration And Production ◽  
The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

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