Sovereignty disputes and offshore development of oil and gas / Dr. Pablo Ferrara (LL. M.).
2016
K3918 .F47 2016 (Map It)
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Details
Author
Title
Sovereignty disputes and offshore development of oil and gas / Dr. Pablo Ferrara (LL. M.).
Published
Baden-Baden : Nomos, 2016.
Call Number
K3918 .F47 2016
Edition
1. edition.
ISBN
3848731010
9783848731015 (Print)
9783845271743 (ePDF)
9783848731015 (Print)
9783845271743 (ePDF)
Description
187 pages : illustrations, maps ; 23 cm.
System Control No.
(OCoLC)951645087
Summary
"Since the signature of UN Charter in 1945, the evolution of state boundary delimitation has been substantial, although a relatively large number of specifically maritime boundary disputes globally appear more or less intractable. These disputes are in no small measure driven by concerns on the part of the states involved to secure access to natural resources - perhaps especially hydrocarbons - which they know or at least suspect are located within the area of the overlapping claims. The International Law Commission as well as international scholars (e.g. Lagoni, Onorato, Blake, Pratt, Schofield, Nordquist, Benvenisti, etc.) have studied different forms of cooperation regimes and extrapolated their applicability from one region to the other, sometimes without taking into account diversity and uniqueness of contextual realities. This work boards some of the analytical predicaments exposed previously, with an unprecedented methodological twist: it is first oriented to describe and then explain variations in the design of bilateral cooperation regimes between states with common offshore oil and gas deposits; secondly, it analyses whether variation in design of cooperation institutions leads to variation in the outcomes, dynamics, and evolution of that cooperation. In order to proceed with the proposed task, a two-step analytical matrix is brought upon a number of study-cases, with individual and general conclusions. Altogether, methodology can be described analogically, using the language of complex adaptive systems: a range of complex cases are brought together, general parameters are provided for them, and they are watched to see what kind of intellectual -emergent property- comes out as plausible conclusion about the evolution and effect of institutions across situations."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 177-187).
Record Appears in
Table of Contents
List of Maps
17
List of Tables
19
List of Images
21
Acknowledgements
9
1.
Overture: Cooperation in the exploitation of offshore oil & gas
23
Why study offshore oil and gas cooperation regimes?
23
2.
Framework: Markets, cases and stages
24
Legal Contexts: Boundaries Delimitation and Natural Resources Law
29
Natural resources and international oil and gas cooperation: Doctrine and Codification
39
Doctrine
39
First Stage
40
Second Stage
49
Third Stage
53
Codification: The Work of the International Law Commission (2000 -- 2010)
56
3.
Origin of this study
60
Methodology: Design and structure of this study
61
Variables
61
Endogeneity
67
Case Study
68
4.
Middle East: the kingdom of political economy
69
Institutional designs
70
Norms
72
Scope
72
Formal Rules
73
Mandate
73
factors influencing institutional designs
75
Local politics: formation and characteristics
77
evolution of the oil market: international and regional interests
80
evolution of International Law: sovereignty over natural resources
87
evolution of oil industry: offshore and national oil companies
93
Conclusions
103
Institutional cooperation: warfare and economy (1973--2010)
103
Conclusions
112
5.
Gulf of Mexico: a two-step crafting of cooperation regime
114
Gulf of Mexico's Western Gap TMDCS
115
Preliminaries
115
Routes to policy convergence (I): US treaty ratification
117
Routes to policy convergence (II): 1982 UNCLOS
118
Routes to policy convergence (III): NAFTA
120
Routes to policy convergence (IV): deepwater technology and oil reserves
123
Establishment of the maritime boundary: negotiating the TMDCS
124
design of the TMDCS
126
Cooperation: outcomes
127
Conclusions
130
6.
Africa: a long night's trip into the light
133
Nigeria
134
Challenges to development (I): national politics
135
Challenges to development (II): economic policy
135
Challenges to development (III): demography and the professional diaspora
138
Sao Tome e Principe (STP)
140
From cocoa monoculture, through an unviable state, to a petro-state
140
Problem (I): national politics
143
Problem (II): international politics
146
Nigeria--Sao Tome e Principe Joint Development Arrangement
150
Joint Ministerial Council
152
Joint Development Authority (JDA)
152
Boundary dispute negotiation
153
JDZ oil and gas regulations
154
Partitioning the zone into Blocks
155
Exploration License (EL)
155
Oil Prospecting Licence (OPL)
156
Oil Mining Lease (OML)
156
Production Sharing Contract (PSCs)
157
Summing up
158
Treaty implementation
158
Oil Block bid process
159
Applications for competitive tenders
159
Political benefits of the JDZ
160
Economic benefits of the JDZ
161
Sao Tome e Principe's individual outcomes
162
Nigeria's individual outcomes
164
Cooperation balance
168
7.
Conclusions
169
Variations in institutional design and their sources
169
Sources of institutional design
170
Elements of institutional design
172
Some propositions
174
Nature of cooperation
174
8.
Agenda for further research
175
Bibliography
177