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This book analyzes the development policies behind the evolution of various arrangements for international petroleum exploitation. By studying examples of the principal categories of petroleum arrangements in four representative developing countries (Thailand, Indonesia, Brazil and China), this study examines in particular the issues of recent trends and new directions in contractual development and environmental sustainability that are reflected in both the structure and substance of the modern petroleum contracts that have emerged since the 1950s. Modern petroleum contracts are generally able to achieve a greater commerciality and mutuality of interests, but they have failed to produce a necessary balance between resources extraction and environmental sustainability. The future direction for petroleum agreements is that they must explicitly recognize the inherent interdependence of commercial viability and sustainable development.
"This book addresses aspects of international law relating to petroleum contracts, examining oil and gas agreements between states and private companies and their intersection with rules of international law...The book covers topics such as the nature of international petroleum contracts, petroleum agreements as state contracts, issues of contract stability, the development of bilateral investment treaties, natural resource cycles, political risks and the specific petroleum policies of the International Bank for Reconstruction and Development, the International Monetary Fund and the International Development Association."--
This overview of project finance for the oil and gas industry covers financial markets, sources and providers of finance, financial structures, and capital raising processes. About US$300 billion of project finance debt is raised annually across several capital intensive sectors—including oil and gas, energy, infrastructure, and mining—and the oil and gas industry represents around 30% of the global project finance market. With over 25 year's project finance experience in international banking and industry, author Robert Clews explores project finance techniques and their effectiveness in the petroleum industry. He highlights the petroleum industry players, risks, economics, and commercial/legal arrangements. With petroleum industry projects representing amongst the largest industrial activities in the world, this book ties together concepts and tools through real examples and aims to ensure that project finance will continue to play a central role in bringing together investors and lenders to finance these ventures. - Combines the theory and practice of raising long-term funding for capital intensive projects with insights about the appeal of project finance to the international oil and gas industry - Includes case studies and examples covering projects in the Arctic, East Africa, Latin America, North America, and Australia - Emphasizes the full downstream value chain of the industry instead of limiting itself to upstream and pipeline project financing - Highlights petroleum industry players, risks, economics, and commercial and legal arrangements
In response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this fully updated new edition analyses the application of English law to contracts for project investment, financing, and development. The book provides practitioners and other parties with essential operational detail, as well as advising on the implications of English law on the interpretation of relevant provisions. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector for an international market. This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analysed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector. This new edition has been updated with new chapters on contract architecture and related issues and new sections on the Limitation Act and tolling, further assurances, quantum meruit and estoppel. Chapters have been updated in light of key cases on good faith and relational contracts, fiduciary duties and consequential loss recognitions, amongst others. As English law continues to grow in international importance, this is a key text for practitioners in a number of jurisdictions who are looking to draft contracts or handle international transactions under the umbrella of English law.
This book provides a comprehensive overview of the key aspects and contracts involved in the process of developing oil and gas projects, with an emphasis on offshore developments. Project development in oil and gas carries with it numerous unique risks and challenges. By identifying and managing risk through the various contract stages, each stage of the project is seen in perspective and therefore gives readers a better understanding of how that stage was arrived at and what is expected to come later. To do this, the authors use illustrative international case studies from past and current projects, thereby deepening the reader’s understanding and awareness of risk from practical experience, as well as suggesting answers for those who are involved in developing oil and gas projects. The Application of Contracts in Developing Offshore Oil and Gas Projects is intended for project owners, project managers, contractors, finance managers, commercial managers and lawyers who seek to understand the subject from a practical point of view.
Inhaltsangabe:Introduction: The petroleum fiscal system for a country is essentially the taxation structure, including royalty payments, that has been established by legislation. More broadly, the fiscal system includes all aspects of the contractual and taxation framework that governs the relationship between the host government and an international oil company. Worldwide, there are many different fiscal systems with different taxation and contractual terms. These vary from country to country and some countries use more than one system. Countries, for example, may offer concessionary system arrangements or service and production sharing agreements. Whichever system prevails, the issue for an oil company is how can it recover costs expended and how will the profit be divided. This depends upon tax regulations and the principles of the economics of the life of a field. The focus of this book is on the mechanics of the various kinds of fiscal systems and the factors that drive exploration and development economics. The emphasis is on practical aspects of petroleum taxation and industry/government relationships. There is also fertile ground for considering the philosophy of petroleum taxation which has changed the industry. Legal and operational aspects of contract/fiscal terms are also examined to provide a foundation in the dynamics of international negotiations. Both industry and government viewpoints are addressed in this book since a complete grasp of the subject requires an understanding of the aims and concerns of both sides. There are few things more discouraging for a government s national oil company than an unsuccessful licensing round. Yet prolonged, inconclusive negotiations can be equally frustrating for oil companies. This book has been written for those interested in petroleum taxation and international negotiations, and the way to carry out successful exploration and development projects. Much of the subject has evolved years ago whilst some aspects of taxation are timeless. Examples are included to give the reader a wide perspective about the implementation of fiscal systems. The terminology has changed over the years and will continue to develop. There is little standardisation of terms in the industry and the abundance of jargon can be rather daunting. The subjects covered in this book are often simple concepts wrapped up with industry and legal jargon. A glossary is provided to help with this. Much of the material provided [...]