scholarly journals Legal Organization for Right of National Employment in Oil Contracts Between KRG and Iocs

2020 ◽  
Vol 5 (3) ◽  
Keyword(s):  
2020 ◽  
Vol 26 (7) ◽  
pp. 1647-1660
Author(s):  
O.N. Likhacheva ◽  
A.S. Belikevich

Subject. In the uncertain market environment, the optimal structure of capital is getting more important because it influences the competitiveness of a firm, its financial sustainability and solvency and, consequently, a success. Herein we dwell upon the hypothesis presuming the existence of capital structure determinants. Objectives. We review empirical studies on the subject, analyze determinants of the Russian companies’ capital structure. Methods. The study is based on the systems approach and methods of statistical analysis. Results. It is necessary to monitor how capital is shaped and formed. We investigated proceedings on factors influencing the capital structure and discovered relevant hypotheses, carrying out the correlation analysis of such factors. Conclusions and Relevance. It is especially important to examine factors influencing the capital structure, and find the appropriate format for the economy struggling through the crisis. The coronavirus pandemic unavoidably reshapes the global economic landscape, which has already been under the pressure of deglobalization processes (trade wars, repudiation of oil contracts). The correlation analysis did not reveal any relationship of the variables in question (the company’s age, ROE, ROA, MOEX, key rate, GDP, PPI) and the capital structure. Further research should be devoted to other factors and consider the unreasonableness and psychological background of managers’ behavior who make decisions concerning the capital structure.


2018 ◽  
Vol 3 (4) ◽  
pp. 30
Author(s):  
Maria João Mimoso ◽  
Clara da Conceição de Sousa Alves ◽  
Diogo Filipe Dias Gonçalves

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.


Bribes are mainly directed at government officials, although they could be directed at the employees and managers of business firms. However, bribery appears to be a self-defined crime. Bribery of small public sector employees is a white-collar crime. However, bribery also exists in high-level decision-making processes, whether political, economic, or corporate situations. These are large-scale bribes, consisting of millions and/or billions of dollars, paid out to executives and public officials in return for construction contracts, oil contracts, telecommunication contracts, etc. Although punishments exist and are implemented, it is up to the individual alone to make the final decision and choose between personal moral value system and personal welfare in opposition to serving the public welfare. This chapter explores bribery.


2018 ◽  
Vol 46 (2) ◽  
pp. 65-83 ◽  
Author(s):  
Jeppe Krommes-Ravnsmed

Evo Morales came to power in Bolivia after the gas war and a subsequent rebellion that overthrew two presidents in 2003 and 2005. However, the promised nationalization of hydrocarbons remained on paper, and a new extractivist offensive was launched that deepened processes of accumulation by dispossession. Plunder, environmental devastation, and recolonization of indigenous territories have increased because of different factors that are dialectically interrelated: (1) the 2006 oil contracts, which allowed transnationals to retain a dominant position in the sector; (2) the challenge of finding new gas reserves to maintain the current export volume; (3) the country’s substantial dependence on hydrocarbon revenues to maintain public expenditure levels, given that the productive matrix remains unchanged; and (4) the political degeneration of the Movimiento al Socialismo. However, there is no political and discursive coherence: the government conceals its policy behind a revolutionary discourse. Evo Morales llegó al poder en Bolivia después de la guerra del gas y la subsiguiente rebelión que derrocó a dos presidentes en 2003 y 2005. Sin embargo, la prometida nacionalización de los hidrocarburos se mantuvo en el papel y se lanzó una nueva ofensiva extractivista que profundizó los procesos de acumulación por despojo. El saqueo, la devastación ambiental y la recolonización de los territorios indígenas han aumentado debido a diferentes factores que están dialécticamente interrelacionados: (1) los contratos petroleros de 2006, que permitieron a las transnacionales mantener una posición dominante en el sector; (2) el desafío de encontrar nuevas reservas de gas para mantener el volumen de exportación actual; (3) la dependencia sustancial del país en los ingresos por hidrocarburos para mantener los niveles de gasto público, dado que la matriz productiva permanece sin cambios; y (4) la degeneración política del Movimiento al Socialismo. Sin embargo, no hay coherencia política y discursiva: el gobierno oculta su política detrás de un discurso revolucionario.


2015 ◽  
Vol 39 (3) ◽  
pp. 266-284
Author(s):  
Mohammad N. Zangeneh ◽  
Fazel M. Farimani ◽  
Ali T. Fard

2005 ◽  
Vol 19 (4) ◽  
pp. 193-206 ◽  
Author(s):  
Paul Heaton

The Oil-For-Food program was established by United Nations Security Council Resolution 986 in 1995 as a means of providing humanitarian relief to Iraq, which had been under U.N. economic sanctions since the Persian Gulf War in 1991. After the invasion of Iraq, considerable evidence emerged suggesting that Saddam Hussein was able to subvert the Oil-For-Food program to obtain hard currency as well as items on the United Nation's prohibited transfer list. In this paper, I use recently available data to examine how the Iraqi government used illicit contracts for underpriced oil to reward supporters. Although it may never be possible to prove conclusively that the Iraqi government used oil contracts as a mechanism to trade bribes for votes in the U.N. Security Council, I demonstrate that nations with seats on the Security Council received a greater number and a greater value of these contracts and that receipt of the contracts was positively associated with pro-Iraqi votes. I also find that Iraq was more likely to give contracts to countries on the Council that had exhibited prior support for the Iraqi regime.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Olusola Joshua Olujobi

Purpose This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry. Design/methodology/approach This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique. Findings This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country. Research limitations/implications Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings. Practical implications This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback. Social implications This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government. Originality/value The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.


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