Petroleum, Industry and Governments

Name: Petroleum, Industry and Governments | A Study of the Involvement of Industry and Governments in Exploring for and Producing Petroleum
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A Study of the Involvement of Industry and Governments in Exploring for and Producing Petroleum

Bernard Taverne(Autor*in)

Kluwer Law International (Verlag)

3. Auflage

Erschienen am 21. Oktober 2013

440 Seiten

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Beschreibung

In sharp contrast to the globally expressed concern regarding the emission of CO2 stemming from the burning and combustion of fossil fuels, and the ongoing efforts to establish a new global Climate Agreement with binding commitments towards curbing such emissions, the demand for petroleum, next to coal making up the fossil fuels, is strong and as far as foreseeable will remain strong in the coming decades. Clearly, it is not expected that Government climate change policies following from the intended Climate Agreement will have much impact on the demand for both oil and natural gas in the coming years.

There are good reasons for this at first sight surprising situation (and likewise for the fact that in any country the discovery of a new oil or gas field still may count on a warm welcome by the government concerned and the general public).

In the first place there are no realistic, practical or cost-effective alternatives for the many sectors in the economy for which oil products and natural gas presently supply in varying degrees either the energy or the feedstock. In the second place, natural gas itself may serve as an alternative: in this case serving as an alternative for coal in the power sector due to the fact that natural gas scores much better than coal on the CO2-emission table, and that there are no realistic and practical non-fossil alternatives for this sector available, at least as long there is a strong public opposition against the use of nuclear energy.

The latest statistics and projections about the total of remaining recoverable reserves, including proven reserves, make clear that the petroleum industry by further exploration and application of sophisticated production techniques, many times in extreme areas and/or under extreme conditions, must be expected to be able to satisfy any reasonable demand as currently projected.

This third edition has been fully updated not only as far as statistics go but also with respect to petroleum legislation. But legislation, treaties, etc. that have lost their relevance have been deleted.

Furthermore, the separation between licence-based petroleum legislation (Western countries) and contract-based petroleum legislation (non-Western countries) has been brought out more clearly and sharply in line with recent developments.

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Inhalt

Cover
Half Title Page
Editorial Board
Title Page
Copyright Page
Table of Contents
Sources
Preface to the First Edition
Preface to the Second Edition
Preface to the Third Edition
Chapter 1 Introduction to Petroleum
1.1 PHYSICAL ASPECTS
1.1.1 DESCRIPTION
1.1.2 PHYSICOCHEMICAL PROPERTIES OF THE HYDROCARBON MOLECULE
1.1.3 GENERATION
1.1.4 POST-GENERATION: OCCURRENCE, MIGRATION AND ACCUMULATION
1.2 THE EARTH'S CARBON CYCLE
1.3 EXTRACTION AND PRODUCTION TECHNIQUES
1.4 SAFETY, HEALTH AND ENVIRONMENTAL ASPECTS
1.4.1 SAFETY, HEALTH AND ENVIRONMENTAL RISKS ASSOCIATED WITH PETROLEUM OPERATIONS
1.4.2 PETROLEUM FACILITIES, SITES AND AUTHORIZATIONS
1.4.3 HEALTH AND ENVIRONMENTAL RISKS ASSOCIATED WITH USING OIL PRODUCTS AND NATURAL GAS AS FUEL
Chapter 2 The Petroleum Industry
2.1 ORGANIZATION AND DEVELOPMENT
2.1.1 EARLY ACTIVITIES, EARLY ORGANIZATION
2.1.2 INTEGRATION AND INTERNATIONALIZATION (WESTERN PRIVATE SECTOR)
2.1.3 JOINT VENTURES FOR EXPLORATION AND PRODUCTION
2.1.4 STATE-OWNED COMMERCIAL OIL ENTERPRISES
2.1.5 NATIONAL OIL COMPANIES (NOC'S)
2.1.6 GOVERNMENTS AND IOG'S
2.2 GLOBAL EXPANSION OF PETROLEUM PRODUCTION OPERATIONS
2.2.1 OIL PRODUCTION
2.2.2 NATURAL GAS PRODUCTION
2.3 PROVED RESERVES AND REMAINING RECOVERY
2.3.1 OIL
2.3.2 NATURAL GAS
2.3.3 COAL
2.4 POLITICAL RISK (WESTERN PRIVATE SECTOR)
Chapter 3 Petroleum and the Economy
3.1 GENERAL REVIEW
3.1.1 OIL AND NATURAL GAS
3.1.2 OIL
3.1.3 NATURAL GAS
3.2 FACTORS DETERMINING ECONOMIC USE AND VALUE
3.2.1 THE STATE AND REQUIREMENTS OF PREVAILING TECHNOLOGY
3.2.2 THE COST OF SUPPLY
3.2.2.1 The Components
3.2.2.2 High, Medium and Low Cost Unit-Production
3.3 MARKETS, PRICES AND PRICING SYSTEMS: OIL
3.3.1 THE EARLY KEROSENE MARKET (1860-1900)
3.3.2 THE PRE-GLOBAL MARKET (1900-1975)
3.3.3 OPEC AND ITS EARLY PRICING POLICIES
3.3.4 THE GLOBAL OIL MARKET (AS OF 1975)
3.4 MARKETS, PRICES AND PRICING SYSTEMS: NATURAL GAS
3.4.1 GENERAL
3.4.2 MARKETING AND USE OF ASSOCIATED NATURAL GAS
3.5 TAXES
3.5.1 EXPORT DUTIES
3.5.2 IMPORT DUTIES
3.6 ALTERNATIVES FOR OIL PRODUCTS AND NATURAL GAS
3.6.1 INTRODUCTION
3.6.2 A REVIEW OF ALTERNATIVES OTHER THAN COAL
3.6.2.1 Biomass
3.6.2.2 Non-fossil Electricity
3.6.2.3 Alternative Fuels for Road Transport
3.7 MARKET OUTLOOK
3.7.1 INTRODUCTION
3.7.2 MARKET OUTLOOK: OIL
3.7.3 MARKET OUTLOOK: NATURAL GAS
Chapter 4 Government Petroleum Policies
4.1 INTRODUCTION
4.2 OBJECTIVES OF GOVERNMENT PETROLEUM POLICIES
4.3 CLIMATE CHANGE RELATED ADJUSTMENTS TO GOVERNMENT PETROLEUM POLICIES
4.4 UN CLIMATE CONFERENCES, IPCC'S ASSESSMENT REPORTS AND THE KYOTO PROTOCOL
4.4.1 WORLD CLIMATE CONFERENCE (FEBRUARY 1979)
4.4.2 THE IPCC WG I FIRST ASSESSMENT REPORT (1990)
4.4.3 THE SECOND WORLD CLIMATE CONFERENCE (1990)
4.4.4 THE ESTABLISHMENT OF THE UN FRAMEWORK CONVENTION ON CLIMATE CHANGE (1992)
4.4.5 THE IPCC WG I'S SECOND ASSESSMENT REPORT (1995)
4.4.6 THE 1997 KYOTO PROTOCOL
4.4.7 THE IPCC WG I FOURTH ASSESSMENT REPORT (2007)
4.5 THE ROAD TO A NEW GLOBAL CLIMATE AGREEMENT
4.6 CLIMATE-CHANGE-RELATED FOSSIL FUEL POLICIES
4.6.1 A REVIEW OF THE OPTIONS
4.6.2 CONCLUSIONS
4.7 THE ORGANIZATION OF PETROLEUM EXPORTING COUNTRIES
4.7.1 ORGANIZATION, STATUTES AND STATED OBJECTIVES
4.7.1.1 Organization
4.7.1.2 The Statutes
4.7.1.3 The Solemn Declaration of 1975
4.7.1.4 State Participation
4.7.1.5 OPEC's Long-Term Strategy as Seen in the 1980s
4.7.2 OPEC'S INTERVENTIONS IN THE GLOBAL OIL MARKET
4.7.2.1 Pricing Policies from 1975 to 2000
4.7.2.2 Pricing Policies from 2000 Onwards
4.8 THE EUROPEAN UNION
4.8.1 BACKGROUND
4.8.2 RESTRICTIONS ON COMMUNITY LEVEL PETROLEUM POLICIES
4.8.3 THE SHAPING OF A COMMUNITY LEVEL ENERGY POLICY
4.8.3.1 Up to the Oil Crisis of 1973
4.8.3.2 From the 1973 Oil Crisis up to 1986
4.8.3.3 Community Policies Objectives: 1986 to 2006
4.8.3.4 From 2006 Onwards
4.8.4 PETROLEUM RELATED EC DIRECTIVES
4.8.4.1 EC Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994
4.8.4.2 EC Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998
4.8.4.3 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003
4.8.4.4 Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009
Chapter 5 Petroleum Legislation of States
5.1 AN OVERVIEW
5.2 STRUCTURE
5.3 PRINCIPAL PROVISIONS OF PETROLEUM LAW
5.3.1 DEFINITION OF PETROLEUM
5.3.2 OWNERSHIP OF PETROLEUM IN SITU
5.3.3 CHOICE OF MINING REGIME
5.3.4 DELEGATION OF LEGISLATIVE POWER TO THE GOVERNMENT
5.3.5 PROCEDURES FOR APPLYING FOR AND AWARDING EXCLUSIVE AUTHORIZATIONS, THE OPENING-UP OF AREAS
5.3.6 SIZE AND SHAPE OF THE AREA FOR WHICH AUTHORIZATIONS MAY BE GRANTED
5.4 COMMON PROVISIONS OF THE EXCLUSIVE LICENSE
5.4.1 OWNERSHIP OF PETROLEUM IF AND WHEN PRODUCED
5.4.2 DURATION, SUB-PERIODS
5.4.3 AREA RELINQUISHMENT SCHEDULE
5.4.4 OBLIGATORY EXPLORATION WORK PROGRAMME
5.4.5 DEVELOPMENT PLAN AND PRODUCTION SCHEDULE
5.4.6 DISPOSAL OF PRODUCTION
5.4.7 LIABILITY FOR DAMAGES
5.4.8 METHODS OF WORKING
5.4.9 JOINT EXPLOITATION OF STRADDLING PETROLEUM RESERVOIRS
5.4.10 OBLIGATORY PAYMENTS
5.4.11 STATE PARTICIPATION
5.4.12 SETTLEMENT OF DISPUTES (ARISING UNDER A LICENSE)
5.4.13 STABILITY OF TERMS
5.4.14 PARTICULAR CONDITIONS
5.5 COMMON PROVISIONS OF THE PRODUCTION SHARING CONTRACT
5.5.1 THE PARTIES
5.5.2 CONTRACT AREA
5.5.3 DURATION OF THE CONTRACT AND AREA RELINQUISHMENT
5.5.4 OBLIGATORY EXPLORATION WORK
5.5.5 DECLARATION OF COMMERCIAL DISCOVERY OF PETROLEUM
5.5.6 OPERATORSHIP, PROGRAMMES AND BUDGETS
5.5.7 SUPERVISORY BODY
5.5.8 COOPERATION BETWEEN STATE PARTY AND CONTRACTOR
5.5.9 OPERATIONS FOR THE SOLE ACCOUNT AND RISK OF THE STATE PARTY
5.5.10 FUNDING THE OPERATIONS, US DOLLAR ACCOUNTING
5.5.11 ALLOCATION OF PETROLEUM PRODUCTION
5.5.12 ROYALTY OIL, COST RECOVERY OIL AND PROFIT OIL
5.5.13 DETERMINATION OF COST RECOVERY OIL
5.5.14 THE SHARING OF PROFIT OIL
5.5.15 PETROLEUM INCOME TAX
5.5.16 LIFTING AND DISPOSITION OF PETROLEUM
5.5.17 PURCHASE OF STATE PARTY'S SHARE OF THE PROFIT OIL
5.5.18 DOMESTIC SUPPLY OBLIGATION (OIL)
5.5.19 JOINT EXPLOITATION OF STRADDLING PETROLEUM RESERVOIRS
5.5.20 STABILITY OF THE CONTRACTOR'S ECONOMIC POSITION
5.5.21 STATE PARTICIPATION
5.5.22 RECRUITMENT AND TRAINING OF PERSONNEL
5.5.23 TRANSFER OF TECHNOLOGY
5.5.24 USE OF NATIONAL PRODUCTS AND SERVICES
5.5.25 FINANCIAL GUARANTEES
5.5.26 LIABILITIES
5.5.27 ASSIGNMENT OF INTERESTS
5.5.28 TITLE TO ASSETS
5.5.29 CONFIDENTIALITY
5.5.30 SETTLEMENT OF DISPUTES
5.5.31 AMENDMENT
5.5.32 TERMINATION
5.5.33 APPLICABLE LAW
5.5.34 APPROVAL AND RATIFICATION
5.5.35 PARTICULAR CONDITIONS
5.6 COMMON PROVISIONS OF THE TECHNICAL SERVICE AGREEMENT
Chapter 6 Past and Current License-Based Petroleum Legislation
6.1 NON-WESTERN COUNTRIES
6.1.1 THE MIDDLE EAST GULF STATES
6.1.1.1 The Petroleum Agreements of the 1930s
6.1.1.2 The Issue of State Participation in Licenses / Agreements
6.1.1.3 The Special Situation in Iran
6.1.1.4 The Special Situation in Iraq
6.1.1.5 Kuwait (Gulf Continental Shelf)
6.1.1.6 Saudi Arabia (Red Sea Continental Shelf)
6.1.2 EGYPT
6.1.3 LIBYA
6.1.4 MALAYSIA
6.1.5 NIGERIA
6.1.6 VENEZUELA
6.2 WESTERN (OECD) COUNTRIES
6.2.1 THE UNITED STATES
6.2.1.1 Introduction
6.2.1.2 Federal Legislation for Public Domain Lands
6.2.1.3 Union State Petroleum Legislation
6.2.1.4 Federal Legislation for the Outer Continental Shelf Lands
6.2.2 THE UNITED KINGDOM
6.2.2.1 Introduction
6.2.2.2 The Petroleum Act 1998
6.2.2.3 The Petroleum (Production) (Seaward Areas) Regulations 2008
6.2.2.4 Special Legislation for Offshore Installations, Submarine Pipelines and the Protection of the Marine Environment
6.2.3 NORWAY
6.2.3.1 Introduction
6.2.3.2 The Act of 29 November 1996 No. 72 (as Amended)
6.2.4 THE EUROPEAN COMMUNITY (EC)
6.2.4.1 The EC Directive 94/22/EC of 30 May 1994
Chapter 7 Past and Current Contract-Based Petroleum Legislation
7.1 INDONESIA
7.1.1 BACKGROUND
7.1.2 THE ORIGINAL INDONESIAN MODEL
7.1.3 FURTHER DEVELOPMENTS OF THE INDONESIAN PSC
7.1.4 LAW NO. 22 OF 2001
7.1.5 RECENT PSC TERMS (AFTER 2001)
7.2 EGYPT
7.2.1 BACKGROUND
7.2.2 PRINCIPAL PROVISIONS OF THE EGYPTIAN PSC
7.3 PERU
7.4 THE PHILIPPINES
7.5 LIBYA
7.6 MALAYSIA
7.6.1 BACKGROUND
7.6.2 PSC TERMS
7.7 ANGOLA
7.7.1 BACKGROUND
7.7.2 LAW NO. 10 OF 2004
7.7.3 THE 2008 MODEL PSC
7.8 THE PEOPLE'S REPUBLIC OF CHINA
7.9 NIGERIA
7.10 THE RUSSIAN FEDERATION
7.10.1 AN OVERVIEW
7.10.2 FEDERAL LAW NO. 2395-1 OF 21 FEBRUARY 1992 (AMENDED)
7.10.3 FEDERAL LAW NO. 225-FZ OF 30 DECEMBER 1995 (AMENDED)
7.11 BRAZIL
7.11.1 LAW NO. 12.351 OF 22 DECEMBER 2010
Chapter 8 Petroleum Taxation
8.1 AN OVERVIEW
8.1.1 LICENSE-RELATED TAXATION (WESTERN COUNTRIES)
8.1.2 CONTRACT-RELATED TAXATION (NON-WESTERN COUNTRIES)
8.1.3 PETROLEUM RELATED DUTIES (ALL COUNTRIES)
8.1.3.1 Export Duty
8.1.3.2 Import Duty
8.2 PAST AND CURRENT TAXATION (LICENSES)
8.2.1 THE MIDDLE EAST GULF COUNTRIES
8.2.1.1 Obligatory Payments
8.2.1.2 The 50/50 Profit Sharing
8.2.2 UNITED KINGDOM
8.2.2.1 Obligatory Payments
8.2.2.2 Payments under Income Tax Laws
8.2.3 NORWAY
8.2.3.1 Obligatory Payments
8.2.3.2 Payments under Income Tax Laws
8.2.3.3 Payments under the Common Tax Act (as modified for the purpose)
8.2.3.4 Payment of the Special Tax to the State
8.3 PAST AND CURRENT TAXATION (CONTRACTS)
8.3.1 INDONESIA
8.3.2 ANGOLA
8.3.3 THE RUSSIAN FEDERATION
Chapter 9 Petroleum and the 1982 Convention 'On the Law of the Sea'
9.1 ORIGIN AND INITIAL DEVELOPMENT
9.2 THE 1945 TRUMAN PROCLAMATION
9.3 PREPARATORY WORK ON CONVENTIONS
9.4 THE 1958 CONVENTION ON THE CONTINENTAL SHELF
9.5 THE 1970 UN GENERAL ASSEMBLY RESOLUTION 2749 (XXV)
9.6 THE 1982 CONVENTION ON THE LAW OF THE SEA
9.6.1 BACKGROUND
9.6.2 CONTENTS OF THE CONVENTION (PARTS I, II, V, VI, VIII, XI AND XII)
9.6.3 THE 1992 CONVENTION FOR THE PROTECTION OF THE MARINE ENVIRONMENT OF THE NORTH-EAST ATLANTIC (OSPARCON)
9.6.4 UNEP CONVENTIONS ON THE PREVENTION OF POLLUTION
Chapter 10 Interstate Agreements on Joint Development of Petroleum Resources
10.1 INTRODUCTION
10.2 THE 1962 AGREEMENT BETWEEN THE NETHERLANDS AND GERMANY
10.2.1 BACKGROUND
10.2.2 AGREEMENTS OF COOPERATION
10.3 THE 1974 AGREEMENT BETWEEN JAPAN AND THE REPUBLIC OF KOREA CONCERNING JOINT DEVELOPMENT OF THE SOUTHERN PART OF THE CONTINENTAL SHELF ADJACENT TO THE TWO COUNTRIES
10.3.1 BACKGROUND
10.3.2 MAIN PROVISIONS (ARTICLES II TO XXXI INCLUSIVE)
10.4 THE 1989 AGREEMENT BETWEEN AUSTRALIA AND INDONESIA
10.5 THE 1979 STATFJORD AGREEMENT
Chapter 11 Cooperative Exploration and Production Agreements
11.1 THE EARLY PERIOD
11.2 THE MIDDLE EAST JOINT VENTURES
11.3 THE CONTEMPORARY JOINT VENTURE
11.3.1 PRINCIPLES AND OBJECTIVES
11.3.2 COMMON CONDITIONS OF THE JOA
11.3.2.1 Introduction and Recitals
11.3.2.2 Definitions
11.3.2.3 Duration
11.3.2.4 Purpose and Scope
11.3.2.5 Participating Interests
11.3.2.6 Basic Rights, Obligations and Liabilities
11.3.2.7 The Operator
11.3.2.8 The Management Committee
11.3.2.9 The Non-consent Option
11.3.2.10 The Sole Risk Option
11.3.2.11 Disposition of Production
11.3.2.12 Default
11.3.2.13 Assignment of Interest
11.3.2.14 Withdrawal
11.3.2.15 Confidentiality
11.3.2.16 Force Majeure
11.3.2.17 Settlement of Disputes
11.3.2.18 Governing Law
11.3.2.19 Accounting Procedure
11.4 THE UNITIZATION AGREEMENT
11.4.1 PRINCIPLES AND OBJECTIVES
11.4.2 THE PRE-CONTRACTUAL PERIOD
11.4.3 THE CONTENTS OF A UNITIZATION AGREEMENT
11.4.3.1 Participating Licensees
11.4.3.2 Definitions
11.4.3.3 Purpose and Scope
11.4.3.4 Description and Demarcation of the Unit
11.4.3.5 Duration
11.4.3.6 Unit Participations
11.4.3.7 Re-determinations
11.4.3.8 Adjustments after Re-determination
11.4.3.9 The Unit Operator
11.4.3.10 The Unit Management Committee
11.4.3.11 The Unit Development Plan
11.4.3.12 Sole Risk Operations
11.4.3.13 Non-unit Operations
11.4.3.14 Default
11.4.3.15 Withdrawal
11.4.3.16 Assignment of Unit Interests
11.4.3.17 Other Conditions
11.4.3.18 Approval
11.4.3.19 Accounting Procedure
11.4.3.20 Annexes
Bibliography
Index
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