Some legal aspects of the Iranian and global experience of shared oil and gas fields development

Autor: Gas named after I. M. Gubkin, Masoud Mostajeran Gortani, Fakhime Hadavimoghaddam, Karandish Data Law Firm, Fatemeh Amjadi
Jazyk: angličtina
Rok vydání: 2019
Předmět:
Zdroj: Aktualʹnye Problemy Èkonomiki i Prava, Vol 13, Iss 1, Pp 1045-1059 (2019)
ISSN: 2410-0390
Popis: Objective to conduct a comprehensive legal analysis of the development of shared oil and gas fields of Iran and neighboring countries. Methods general scientific method of dialectical cognition historicallegal systemstructural comparativelegal formallogical and other specific scientific methods of cognition. Results shared natural resources are resources that in their natural state without human intervention extend beyond the land or sea borders of one state and fall within the jurisdiction of another state. Although the international law formally recognizes the sovereign right of states to use natural resources located in the shelf zone with respect to the legal regulation of the use of natural resources shared by two or more states there are gaps and contradictions in the law. This in turn leads to excessive consumption of resources unfair competition between the states and causes serious damage to the field itself. Today Iran is one of the main owners of oil and gas reserves in the world and in the recent years has made huge investments to their exploration and development. Iran has about 28 fields shared with neighboring countries and other states over the past twenty years have begun to actively invest and conduct extensive production of these fields unilaterally. Therefore legal regulation of the shared fields development and investments in the oil and gas sector is of particular importance. Scientific novelty the article for the first time formulates the rules of joint use of natural resources common to two or more states. Rule one the obligation to cooperate in order to reach an agreement on the exploration and development of shared natural reservoirs of oil and gas even if such cooperation does not necessarily lead to the joint exploitation of these resources. Rule two in the absence of such an agreement the unilateral use of the shared reservoir should be avoided. Practical significance the main provisions and conclusions of the article can be used in scientific activities and in the consideration of issues related to the legal regulation of shared oil and gas fields.
Databáze: OpenAIRE