The development of international law in case of oil and gas facilities decommissioning

Author(s):  
I.A. Khalidov ◽  
◽  
K.N. Milovidov ◽  
Author(s):  
Morgandi Tibisay ◽  
Viñuales Jorge E

This chapter investigates the concept of ‘energy security’, understood as the ‘uninterrupted availability of energy resources at an affordable price’. Importantly, according to this definition, the ‘availability’ of energy resources is measured against existing energy demand, and threats to energy security are therefore threats to the supply of enough energy to meet existing energy demand. Energy supply depends upon both domestic and international factors which are so interconnected that it is difficult to distinguish where one starts and the other ends. What is clear, however, is that international law plays a fundamental role in addressing many threats to energy security. The chapter looks at existing threats to energy security and the international legal frameworks that have been established in response. The challenges to energy security include an exponential increase in world energy demand, shortages of national oil and gas deposits, the need to reduce dependence on fossil fuel production in order to counteract climate change, as well as risks of geopolitical instability. The chapter then focuses on the mechanisms aimed to ensure that the flow of energy remains uninterrupted and at an affordable price, as well as on those mechanisms aimed at increasing access to energy resources.


2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Surya Wiranto ◽  
Hikmahanto Juwana ◽  
Sobar Sutisna ◽  
Kresno Buntoro

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>


2015 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Surya Wiranto ◽  
Hikmahanto Juwana ◽  
Sobar Sutisna ◽  
Kresno Buntoro

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>


2016 ◽  
Vol 11 (1) ◽  
Author(s):  
Bjarni Már Magnússon

Book review of: Rachael Lorna Johnstone, Offshore Oil and Gas Development in the Arctic under International Law: Risk and Responsibility (Leiden, Brill), 2015, ISBN 978-90-042693-30, hardbound.


2001 ◽  
Vol 14 (2) ◽  
pp. 445-454
Author(s):  
Timur Sinuraya

The development of the former USSR oil and gas resources presents considerable political and legal challenges, such as intergovernmental agreements, delimitation of borders, and jurisdiction over the energy resources (e.g., Caspian basin). In this respect the pipeline transportation and transit have become increasingly important issues. In view of Article 7 of the Energy Charter Treaty, the novel public international law obligation of states to facilitate and not to impede the transport of energy through pipelines, this article will briefly consider the possible international forums for the resolution of legal conflicts over pipeline transit in the former Soviet Union.


Author(s):  
Shihui Cheng

Abstract The safety of offshore oil and gas facilities is a deep concern in relation to the security of China’s fossil energy supply. At present, there are a series of international law protection systems with the offshore facility safety zone system as the core. Most of world’s major maritime countries have established offshore oil and gas facilities protection systems in the form of domestic legislation in accordance with relevant international law, and some of them have adopted measures expanding the scope of their safety zones to strengthen protection. However, there remain some defects in the existing international law system. Therefore, the Chinese government needs to promptly clarify its position on issues related to the offshore facilities safety zone system, and propose the formulation of a specialised convention.


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