Analysis Previous actions of the contractor to reduce environmental risks in upstream oil contracts

دانشنامه حقوق اقتصادی

Volume 30, Issue 23, August 2023, Pages 117-131   

Document Type: Scientific research

DOI: 10.22067/economlaw.2023.79043.1229

Authors

Azadeh Amirkhani^{* 1}; Reza Tajarloo²

¹Ph.D Student, Department of Oil and Gas law, Faculty of Law and Political Sciences، University of Tehran, Tehran ,Iran

²Assistant Professor, Department of Public Law, Faculty of Law and Political Sciences، University of Tehran, Tehran ,Iran

Abstract

One of the most important challenges created in recent years is how to protect the environment against oil operations. Considering the harmful effects caused by this operation, the responsible institutions of this industry are trying to prioritize prevention over treatment in order to reduce environmental risks and emphasize preventive measures. One of the most important challenges created in recent years is how to protect the environment against oil operations. This research, in a descriptive and analytical manner, aims to analyze the requirements and previous measures of the contractor in the law and contract and explain the nature of environmental regulations by referring to national environmental laws and regulations, referring to international procedures, and international standards. International and international standards and references to national law and international procedures, as well as legal measures and explicit and implicit contractual terms, including feasibility studies, regulations related to protected areas, appropriate measures in emergency situations, waste management, and cleaning, and insurance, provide effective mechanisms to reduce pollution trends.

Keywords

Upstream Oil Contracts; Environmental Conditions; Codes of Conduct; Feasibility Studies; "; Previous measures "

References

 

References

• Aminzadeh, Elham. and Yousefi, Sanaz. (2022). The Role of Compulsory Insurance in Compensating Environmental Damages Caused by Oil Pollution. Energy law studies. 2, No. 5. (In Persian).
• Börkey, Peter and Glachant, Matthieu and Lévêque, Francois. (1998). Voluntary approaches for environmental policy in OECD countries: An assessment”, CERNA, Centre d’économie Industrielle, Ecole Nationale Supérieure des Mines de Paris.
• Dabiri, Farhad and Kiani, Mojdeh. (2016. (Review of Preventive laws and regulations including assessment of environmental effects in Iran and several industrialized countries. Journal of Environmental Science and Technology, Vol. 9, No. 4. (In Persian).
• Derakhshan, Masoud. (2009). Development of Insurance Coverage in Oil and Gas and Petrochemical Industries, Gostareh Energy magazine, Vol. 4, No. 45. (In Persian).
• Ebrahimi, Seyed Nasrollah. (2014). Legal principles governing upstream service contracts in Iran's oil and gas industry, Iranian energy economy research journal, 3, No. 12. (In Persian).
• Esfandiyari Khaledi, Abbas and Jalali, Mahmood. (2021) Environmental considerations in oil contracts, Journal of Energy Law Studies, 2, No. 6. (In Persian).
• Gadami Jagerloui, Saeed and Mozni, Alireza and Nabai, Mohammad, Rouhi and Abbas, Yavari Changiz. (2018). Waste Management in Oil Industries is an Important Issue in Preventing Damage to the Environment, National Conference of Man, Environment, Sustainable Development, Club Young researchers of Islamic Azad University, Hamedan branch. (In Persian).
• Gao, zhigo, (1994) International Petroleum Contracts: Current Trends and New Directions, International Energy and Resources Law Policy Series, Graham & Trotman
• Gunningham , Neil. and Rees, Joseph. (1997). Industry self‐regulation: an institutional perspective, Law & Policy, 19(4),
• Hatami, Ali and Karimian, Ismaeil. (2016). Foreign Investment Rights in the Light of Law and Investment Contracts, Tisa Publications. (In Persian).
• Javid, Mohammad Javad and Shahmoradi, Esmat. (2013). Environmental Criteria in Oil Contracts, the Fourth International Conference on New Approaches in Energy Conservation. (In Persian).
• Kohan Hoshnejad, Ruhollah and Eltamimi, Mohammad Hossein, (2018). the basis of environmental requirements in Iran's oil contracts, Quarterly Journal of Environmental Economics and Natural Resources, Vol.3, No. 4. (In Persian).
• Momeni Rad, Ahmad, and Amirkhani, Azadeh and Taimouri, Zohre, (2015), Protecting Human Environmental Rights in Oil Contracts, Islamic Human Rights Studies Quarterly. (In Persian).
• Mousavi, Fazlullah, and Eyni, Mojtaba. (2018). a New Approach in the Legal Analysis of Environmental Conditions of Oil Contracts, Energy Law Studies, Vol. 5, No. 1. (In Persian).
• Mousavi, Fazlullah and Shirmardi Dezaki, Mohammad Reza. (2015). Analysis of environmental approach in oil contracts, Journal Of Researches Energy Law Studies, Vol. 1, No. (In Persian).
• Panahi Shams and Abadi, Lotfallah. (1997). All engineering risk insurance and damages caused by natural disasters, Insurance Research Quarterly, Vol. 12, No. 4. (In Persian).
• Patricia Park. (2013). Translated by Mohammad Reza Hosseini-Sadegh Jafarzadeh Darabi. International Environmental Law, first edition. (In Persian).
• Shiravi, Abdul Hossein.(2013). Oil and Gas Laws, Mizan Publications, first edition. (In Persian).
• Sobhi, Hossein. (2015). Environmental protection in upstream oil and gas contracts, the first national conference of modern research of Iran and the world in psychology and educational sciences, Law and Social Sciences. (In Persian).
• Tienhaara, Kyla. (2011) Foreign Investment Contracts in the Oil & Gas Sector: A Survey of Environmentally Relevant Clauses, Sustainable Development Law & Policy, Vol. 11, No. 3.
• Zeynoddin, Seyed Mustafa and Shahmoradi, Esmat. (2014). Comparative study of environmental considerations in international oil contracts, Energy Law Studies, Vol. 1, No. 2. (In Persian).
• Ministry of Petroleum and Natural Gas, India, (2007).
• BP Code of Conduct access https://www.bp.com/
• Shell, Code of Conduct, Acces sww.shell.com

 

Contracts

• Agreement on The Exploration, Development and Production Sharing for the ShafagAsiman Offshore Block in the Azerbaijan Sector of the Caspian Sea, Between the State Oil Company of the Republic of Azerbaijan and BP Exploration of (Azerbaijan) Limited & Socar Oil Affiliate, ( 2010)
• Contract for Exploration and Production of Hydrocarbons at Morskoye Field, Atyrau Region,Within blocks XXIX-14-D (partially), Е (partially);XXХ-14-А(partially) and В (partially), Between the Ministry of Energy and Mineral Resources, and KoZhaN Ltd, )2002(
• ENI, Code of Ethics, Approved by the Board of Directors of Eni SpA on March 18, )2020(
• Extension of PSA for Azeri-Chirag- Gunashli Oil Field (2017) Access: https://gratanet.com/
• Petroleum Agreement Republic of Ghana) ، 2006(  Access:  https://www.petrocom.gov.gh/wp-content/uploads/2018/12/ghana_model_petroleum_agreement
• Petroleum Contract for Contract Area 33/07 in the East China Sea, Between China National Offshore Oil Corporation and Primeline Energy China Limited & Primeline Petroleum Corporation, ( 2012)
• PRODUCTION SHARING AGREEMENT FEDERAL REPUBLIC OF SOMALIA)2020( Access: somalia licensinground.com/wp-content/uploads/Somalia-Licensing-Round-PSA-Final-Version.pdf
• Production Sharing Agreement in Respect of the North Caspian Sea (Kashagan) among Agip Caspian Sea B.V BG Exploration Limited.
• PRODUCTION SHARING CONTRACT BETWEEN THE REPUBLIC OF CAMEROON AND THE HOLDER (2010) Access: http://www.snh.cm/ReglementationDesHydrocarbures/CONTRAT-TYPE-ANGLAIS-16-DECEMBRE-2014.pdf
• PRODUCTION SHARING AGREEMENT TANZANIA, (2004)
• Technical Service Contract for The Rumaila Oil Field, Between South Oil Company of the Republic of Iraq and BP Iraq limited, CNPC International (Iraq) Limited & SOMO,) 1997(
• Timor-Leste Inst. For Dev. Monitoring & Analysis, Model Production Sharing Contract under the Petroleum Act (Timor-Leste), www.laohamutuk.org/Oil/ Pet Regime/PSC%20model%20270805.pdf. Access: www.laohamutuk.org/Oil/ Pet Regime