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Central Asia has emerged as potentially the most important new hydrocarbon province in decades. Among the countries whose natural resources are now the focus of world attention, Kazakhstan is very much in the front rank. The scale and strategic importance of its reserves mean that it is set to become one of the key players in the global market. Realising that potential depends on many factors, not least its legal treatment of the oil and gas industry. The contributors to this volume consider the various dimensions of that legal treatment, including investment and contractual issues, dispute settlement, transport and refining, environmental issues, and taxation. The importance of the international context for Kazakhstan's domestic law is a key feature of this book, as is a concern with identifying existing problems and suggesting the most fruitful direction for reform. The book will be of interest to practitioners and academics working in the specific field as well as in the more general area of legal relations between the oil and gas industry and transition economies. Ilias Bantekas is Reader in Law at the University of Westminster, London, UK. He has written widely in the field of international law and won the International Committee of the Red Cross Paul Reuter prize in 2000. Visiting Fellow at Harvard Law School (2003-04). John Paterson is Reader in Law at the University of Westminster, London, UK. He has written on the regulation of the oil and gas industry and acts as a consultant to the OECD Nuclear Energy Agency. Maidan Suleimenov is Professor of Law at the Kazakh State Academy of Law and Adilet Higher Law School, Almaty, Kazakhstan. He was directly involved in Kazakhstan's accession to the Energy Charter Treaty and has also been responsible for legislative drafting in the field.
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
This report analyzes future energy market options for Central Asia Regional Economic Cooperation (CAREC) program members. It aims to facilitate strategic decisions and sustainable investments in energy infrastructure by equipping investors and policy makers with crucial insights on regional trends. It can help identify potential investment opportunities that will improve energy services and reduce carbon emissions across CAREC countries. The report provides forecasts at both individual country and regional levels. It includes energy supply and demand scenarios, assessments of innovative technologies, estimates of investment needs in the energy sector, and possible trajectories for carbon emissions.
Now in its 5th edition, this well-respected work provides a comprehensive analysis of the EC merger control regime. The book examines the impact of legislative and procedural changes made in 2004 on the subsequent casework and procedures of the Commission and the workings of the European Competition Network in the merger control context.
This volume is based on the presentations and deliberations of an Advanced Research Workshop (ARW) "Caspian Sea: A Quest for Environmental Security" that was held on March 15-19, 1999, in Venice (Italy). The Workshop was sponsored by the NATO's Division for Scientific and Environmental Affairs, with additional support provided by the Trust for Mutual Understanding (USA). It was organized by Duke University's Center for International Development Research with the guidance of the International Committee of scientists from Russia, United States. Georgia and Italy and organizational assistance rendered by Venice International University. The Caspian Sea region is of profound importance from the perspective of global and regional environmental security. New geopolitical and economic circumstances have created a mixture of competition. reluctant collaboration, and legal, political, economic and ideological wrangling. There is an intense debate over how the Caspian and its resources should be divided among littoral states and how these resources are to be developed. While most littoral states and the international companies strive to develop the area's immense hydrocarbon potential, it is clear that the Caspian's unique and fragile ecosystem is at risk.
Based on extensive field work and in-depth interviews in Kazakhstan, this book provides a comprehensive study of the issues of politics of oil and state-business relationships in Kazakhstan. It examines the ways in which the post-Soviet Kazakh regime has managed to sustain itself in power, and the regime maintenance techniques it has used in the process of establishing and upholding its position.
2011 Updated Reprint. Updated Annually. Kazakhstan Customs, Trade Regulations and Procedures Handbook