OIL AND GAS DISPUTES. Conflict is as old as the history of mankind and is therefore natural and unavoidable[1]. The International Court of Justice (ICJ) notes that a dispute is a disagreement on a fact, or a conflict of legal claims or interests between two parties. To dispute means to disagree or argue about something-Microsoft […]
DIMENSIONS/LEVELS OF OIL AND GAS DISPUTES. :: The International Level: occurs between states laying claims to ownership of offshore natural resources. Such disputes are resolved by international laws. Article 2 of the United Nations Convention on the Laws of the Sea and Article 1 of the Geneva Convention recognises the sovereignty of host States over […]
MECHANISMS FOR THE SETTLEMENT OF OIL AND GAS DISPUTES There are various Machineries for the settlement Disputes such as Arbitration, Conciliation, Litigation, out of court settlement, and so on. ARBITRATION: it is usual for parties to insert a clause in their agreement providing that their disputes shall be submitted to an arbitrator before going to […]
OIL AND GAS POLLUTION. The truth is that the exploitation of Oil and Gas (being greenhouse gases) poses numerous environmental problems chief amongst which is pollution. Encarta Dictionary defines pollution as the contamination of Earth’s environment with materials that interfere with human health, quality of life or natural functioning of ecosystems[1]. Oil and gas pollution […]
FORMS AND CAUSES OF OIL AND GAS POLLUTION: :: Oil spills: Between 9-13 million barrels of petroleum has been spilled in Niger Delta since 19589. ::Gas Flaring: About 2 billion United States Dollars is wasted every year on gas flaring[1]. Instead of wasting these gases, they can be Liquefied of gas for utilization in cooking […]
ENFORCEMENT AND REALITIES. The fact remains that there are various Acts and Agencies which have been established to check the pollution of the environment by exploration activities and ensure safe practices. Some of which include: National Environmental Standards and Regulations Enforcement Agency (NESREA) Act[1], The Environmental Impact Assessment Act[2] Hydrocarbon Oil Refineries Act[3], Associated Gas […]
EXPROPRIATION/NATIONALIZATION. It is the compulsory legal taking of private property by the state. For our purpose, it can be regarded as the compulsory taking of property of the International Oil Companies by the State. Expropriation may take various forms-Starrett Housing Corp V Iran. In Union Painting Co V Iran the court noted that the property […]
