Regulation of the Upstream Petroleum Sector
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Regulation of the Upstream Petroleum Sector

A Comparative Study of Licensing and Concession Systems

9781783470105 Edward Elgar Publishing
Edited by Tina Hunter, Professor of Energy and Natural Resources Law, and Director of the Centre for Energy Resources Innovation and Transformation (CENRIT), Macquarie University, Australia
Publication Date: 2015 ISBN: 978 1 78347 010 5 Extent: 432 pp
This discerning and comprehensive work will be a useful entry point for students embarking on study in petroleum law. Academics will find this timely examination to be an indispensible overview of upstream operations. Practitioners will find this book an illustrative review of the origins of issues surrounding regulatory frameworks in managing natural resources.

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This detailed study presents an accessible examination of how upstream petroleum activities are regulated in developed and developing petroleum countries. It includes a particular focus on the granting of access to petroleum resources, and incorporates a thorough consideration of the concept of Lex Petrolea.

Different countries utilise a variety of legal models for regulating the exploitation of petroleum resources and two internationally recognised systems of managing natural resources are salient: concessionary systems and contractual systems. Expert contributors provide a detailed and insightful overview of the licensing and concession system that is used to award access to petroleum in many countries. They address topics such as auctions and work program bidding, and consider contexts such as offshore petroleum and the Russian system. The book considers the international nature of petroleum, alongside how licenses are granted under the bid and discretionary system. It includes a comparative analysis of the award of licenses in the countries discussed.

This discerning and comprehensive work will be a useful entry point for students embarking on study in petroleum law. Academics will find this timely examination to be an indispensible overview of upstream operations. Practitioners will find this book an illustrative review of the origins of issues surrounding regulatory frameworks in managing natural resources.
Critical Acclaim
‘Tina Hunter’s edited book provides a comprehensive study of the
key legal regimes that regulate the upstream petroleum sector. It is
a useful guide for readers who want to have a clearer understanding
on how the petroleum industry is regulated in the twenty‐first
century. The book is a highly relevant contribution to the practice
and study of petroleum law, policy and governance and the growing
specialism of petroleum law could do with more comparative studies
of this nature.’
– Hephzibah Egede, Review of European, Comparative and International Enviromental Law

‘This book therefore aims to analytically review a wide range and a good coverage of pertinent legal issues from an international perspective as well as national understanding of the existing regulatory frameworks. Most importantly this book provides a good proliferation of the doctrine of Lex Petrolea. The authors’ provision of information is definitely well founded and well-articulated. This book will be an essential entry point for general audience with an interest in petroleum transactions, but more importantly it will be crucial for students, academics, and legal practitioners in the petroleum industry.’
– Berryl Claire Asiago​, Energy Journal​

‘Tina Hunter has provided both practitioners and academics with a useful and much-needed overview. It reminds the practitioner of the wider context and origins of the issues that comprise their daily work. For the lawyer moving into petroleum law for the first time, it gives a useful introduction. And the academics and students of petroleum law receive an introduction to some of the nitty gritty detail of petroleum contracts.’
– Philip Andrews-Speed, National University of Singapore,

‘Regulatory and contractual frameworks for upstream energy is a complex but highly relevant topic. By attracting an impressive list of academics and practitioners to examine and analyze some of the main areas for upstream operations, Dr Hunter provides a lucid account of the main elements in these systems. The book is an important addition to the existing body of literature on the topic.’
– Kim Talus, University of Helsinki, Finland
Contributors
Contributors: S.W. Amaduobogha, O.L. Anderson, K. Fletcher-Johnson, G. Gordon, T. Hunter, A. Kompaniets, S. Kozuka, C. Kulander, E. Nordtveit, J. Paterson, E.G. Pereira, K. Svendsen, A. Wawryk



Contents
Contents:

PART I PRINCIPLES OF PETROLEUM REGULATION
1. Petroleum Regulation in an International Context: The Universality of Petroleum Regulation and the Concept of Lex Petrolea
Alex Wawryk

2. Access to Petroleum Under The Licensing and Concession System
Tina Hunter

PART II COMPARATIVE PETROLEUM REGULATION IN MATURE PETROLEUM PROVINCES
3 . Licensing and Concession System for Developing Australia’s Conventional Petroleum Resources
Tina Hunter

4. Licensing the Exploration for and Production of Petroleum on the UK Continental Shelf
Greg Gordon and John Paterson

5. Regulation of the Norwegian Upstream Petroleum Sector
Ernst Nordtveit

6. The Offshore Petroleum Licensing Regime in the United States
Owen L. Anderson and Christopher Kulander

7. Offshore Petroleum Resource Access and Regulation In Canada
Kylie Fletcher-Johnson

PART III COMPARATIVE PETROLEUM REGULATION IN DEVELOPING PETROLEUM PROVINCES
8. The Brazilian Concession System for Petroleum ExtractIon in Brazil
Eduardo G. Pereira

9. The Legal Regime for Petroleum Activities in Nigeria
Simon Warikiyei Amaduobogha

10. Regulation of the Russian Federation Petroleum Licensing Regime
Kristoffer Svendsen and Andrey Kompaniets

11. Licensing and Regulation of Japan’s Offshore Resources
Sourichirou Kozuka

PART IV LEGAL ISSUES IN PETROLEUM REGULATION
12. Comparison of Access to Petroleum in Developed and Developing Licensing and Concession Systems
Tina Hunter

Index

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