2. Topic
Oil and gas exploration and production contracts represent a
balancing act between national oil Companies and Private
International partners. Critically discuss, providing examples of
the experience of one country, or several in comparison.
3. Content
1) Introduction
2) Types of Contracts and the Change of Balance between NOCs and IOCs
3) Examples of countries (Indonesia, Venezuela, Nigeria and Canada)
4) Conclusion
4. 1) Introduction
The history of oil business began in 1859 in Pennsylvania, when Edwin
L. Drake devised a way to drill a practical oil well. Since then many
things have changed and developed, including the international oil
agreements and the roles and powers of the oil market players.
A.The Concession Regime:
B.Concessions are the 'original' or oldest form of petroleum contract.
C.The rationale was to attract foreign investment as the States were unable
to exploit their natural resources due to the lack of adequate information,
skills and technology.
D.The classical CAs, however, did not produce a mutually beneficial
relationship. This is because: The NOC used to sign a long-term contract/
the foreign company had full control /the host country had no rights .
E.The modern form of concession, grants an oil company, through a
bidding process, exclusive rights to explore, develop, sell and export oil
extracted from a specified area for a fixed period of time.
5. Introduction
States wanted greater control over the natural resources=> creation of NOCs
The First NOC was created in Austria in 1908
•There were information asymmetries between the Host Governments and
International Oil Companies. The scale and the technological complexity of the
industry combined with the State's lack of information and expertise was
undermining its bargaining strength.
•Access to this information would be easier if a NOC was set up and would
provide greater control and power to the Government.
•Through the NOC, the State would participate in the oil industry and would
enhance the government's role from a mere tax collector to also participating in the
accumulation of capital.
6. 2) Types of Contracts and the change of balance between NOCs and IOCs
In 1933, the Saudi Government granted a concession to Standard Oil of California,
which secured the first contract to drill oil in Saudi Arabia.
Each country's socioeconomic objectives and characteristics, the need for access to
advanced technology as well as other variables, affect the interplaying roles between Host
Governments and IOCs, thus the type of contract they choose. Although concessions are
still being used, they are not a popular choice for NOCs because of the development of
other types of contracts.
7. A) Production Sharing Contract (PSC)
•The oil is owned by the State and the IOC is only brought in to explore the field => the
State now has the power to regulate and decide on how to use its share of the production.
•The IOC operates at its sole risk and expense => shift of risk, thus the NOC does not
lose capital on exploration investments in case no commercial discovery occurs.
•Usually there is the establishment of a partnership organisation between the NOC and
IOC for monitoring and decision-making process => both sides bring different strengths
to the relationship and utilize sources in the most economical and effective way; the
government's role in the management of oil operations and activities is enhanced to the
NOC's participation in different aspects of the exploration and development process.
8. Production Sharing Contracts (PSCs)
• Requirement by the State that the Contractor must train a certain percentage of local
people => The NOC through the years has better access to important information
that strengthens its power and position in negotiations with major IOCs, because by
working with these companies, technical, environmental, financial, commercial and
legal expertise become accessible to the NOC.
• Through PSCs the government can offer incentives to the IOCs => useful during the
renegotiation process, where both parties will try to improve their positions or one
partner will try to improve its own without the other one losing anything; neither
party will be worse off.
9. B) Joint Ventures (JVs)
• This agreement involves the State, through a NOC, entering a partnership and
working together with one or more oil companies, or private companies working
together. It is the joint venture itself that is awarded rights to explore, develop,
produce and sell petroleum.
• Management of the undertaking is divided:
Operator : designated person as an agent of the participants responsible for
the performance of specified activities.
Operating Committee: it has the power to determine certain matters and upon
this committee the participants are represented and entitled to vote in
accordance with their interests in the venture.
10. Joint Ventures (JVs)
• Under the Contractual JV Host States and IOCs own both the equipment and the
facilities of the project => direct ownership of the project and the production.
• Both parties, Host States and IOCs, are jointly and severally liable for the
obligations of the ventures => Incentive for both parties to act responsible in order
to promote and maintain their interests at a satisfactory level.
11. C) Service Contracts
• This contractual agreement came about at the same time as many petroleum
producing countries were bargaining their independence and was part of the so
called 'resource nationalism'.
• The IOC is engaged by the regulatory authority or the NOC, as the
government's representative, to conduct petroleum exploration for a fee or a
share in the production.
• The IOC provides the State with technical services and information related to
the development of petroleum resources => the NOC gains important
information that gives the ability to the NOC to have sufficient knowledge and
depend less on the IOC, thus, its bargaining power is strengthened.
12. C. Service Contracts (SCs)
• Under the Pure Service Contract, a pre-agreed fee is paid to the IOC for performing
a specified service => the State bears all the risk and the IOC acquires an interest in
the extracted source.
• In the case of a Risk Service Contract the IOC bears all the risk of exploration and
if commercially exploitable resources are found, the IOC receives cash
remuneration, in addition to a possible stake in the subsequent enterprise.
From a developmental perspective, they offer the most independence to the State. The
Government exerts greater control over the exploration and exploitation of its
resources as the IOCs are brought in to accomplish carefully delimited
tasks/services, therefore the State's bargaining power is enhanced.
14. 3. Examples from Different Countries
A) Indonesia
• Indonesia introduced the PSCs in 1966 with the main aim for the State to retain
ownership of the petroleum produced. => Focus on attracting foreign investors, on
the balance between between State's revenue and the company's profit, while
strengthening the role of State management in oil and gas activities.
• Indonesia is one of the countries where the NOC (Pertamina) has a say in
determining the commerciality of a petroleum finding.
• Pertamina and the IOCs that is working with, have representatives in an operating
committee and both sides participate in management and decision-making.
15. Indonesia
•The Government focuses not only on the take, but on how the latter is extracted as
well.
•With the PSCs, the Indonesia Government has a high participating interest, normally
60-85% and the right to assign its own staff to the joint operating company. The IOC's
profits after tax and cost recovery are about 15-35%.
•The PSC includes terms related with the organisational and legal structure of a
complex relationship between Pertamina and its foreign partners. The influences
observed in these contracts came from the political and commercial tensions that led
Pertamina and its international contractors to modify the PSC, mostly in its fiscal
terms.
16. Indonesia
•At some point there was severe imbalance in the relationship of Pertamina and its
foreign partners => expansion of the NOC and financial mismanagement, resulted in
a model where bureaucrats without adequate expertise or exposure to risk prescribed
specific management actions to IOCs.
•Evidence from Indonesia has indicated that the PSC needs additional provisions that
define the operating relationship between the two parties and bring more balance.
Governance mechanisms are among these provisions.
17. B)Venezuela
• Venezuela has some of the largest oil and natural gas reserves in the world and was
the world’s sixth-largest net oil exporters. Oil industry is the country’s foundation of
economy.
• Petróleos de Venezuela S.A (PDVSA), established in 1975 by the Organic Law that
Reserves the Industry and Commerce in Hydrocarbons to the State.
• Venezuela nationalized its oil industry in 1975-1976.
• Along with new production comes from reservoirs under development and mature
fields through water and natural gas injections, as well as average 111 rigs annually
in operation.
18. Venezuela
• According to PDVSA, phase one of the plan includes the following axes:
-Magna Reserve: As Venezuela has 77 billion barrels of petrol and the Orinoco Oil
Belt has a registered 235 million barrels, the company will work to quantify and
certify all oil reserves in the Orinoco Oil Belt.
-Orinoco Project: Along with the help of IOC 27 blocks will be developed under
this hydrocarbon reserve.
-Delta-Caribbean Project: The goal of this project is to develop offshore gas in the
Deltana Platform, located off of the eastern coast of Venezuela. Additional
development sites are located in the country’s northwestern Paraguaná Peninsula.
• However PDVSA is one example on how exploration and production agreements
could be affected by the deficient legal stability and security for private foreign
investors. Unfortunately, the government strategy to nationalized or expropriated
companies is considered an issue of IOCs to invest or operate in Venezuela.
19. Venezuela
• The Ministry of Energy which formulates policies and acts as the regulator, requests
PDVSA to have at least 60 % of participating interest in each joint venture with
IOCs => excessive regulatory framework; high levels of price control => reduced
the competitiveness of the Oil and gas Industry.
• As a result, currently foreign investors are involved in 49% JVs involved in
extraction and productions activities; however, these agreements have derivate in 21
mixed companies where Venezuela has between 60% to 75% of shares with NOCs
from Russia, China, France, Iran, Vietnam, Argentina and Brazil.
20. C) Nigeria
• Oil and Gas operations effectively commenced in 1956.
• Prior to 1956, the whole country was almost covered by concessions granted to
companies to explore for petroleum resources.
• Nigeria gained OPEC membership in 1971 and then began firmer control of its oil
and gas resources in line with the practice of other members of OPEC.
• The setting up of National Oil Company with the sole objective of monitoring the
stake in the exploitation of the resource.
21. Nigeria
• Multi-National Oil Companies allowed to continue operations under Joint
Operating Agreements (JOA).
• The JOA’s made clear provisions for the respective stakes of the companies and the
Nigerian Government in the venture.
• Complexity of operations in offshore terrain.
• Inadequate funds from the Nigeria Government to continue to fund JOA’s.
• Intention to increase the oil and gas reserves and production capacity with no
capital to back it up.
22. Nigeria
• The need to have a funding arrangement that will achieve Government objectives
and without having a negative impact on the scarce resources available for
investment in other sectors of the economy.
• The Nigerian Government does not want to be alone in the decision-making and
responsibility for the project.
• The Nigerian Government has not got the expertise required for the work so they
want to count on the expertise of a major oil company.
• The Government wanted to share the profits of the IOC’s on top of any other
remuneration like taxes or royalties.
23. D) Canada
• Canada is specific in that it does not have a NOC.
• Federal state with divided jurisdiction from federal to provincial level and
territorial level.
• O&G production is regulated by legislation specific to each jurisdiction.
• O&G reserves are owned by the provinces in which they are located.
24. Canada
• The instruments used to govern O&G exploration and extraction:
1) PERMITS
- confer the right to explore, drill or test for O&G, but not to extract oil and gas from
specific land;
-the rights are not always exclusive;
-the term of permit can vary from 180 days to 5 years;
-can often be extended.
2) EXPLORATION AGREEMENTS
- confer the exclusive right to explore for O&G in a specified area;
-shorter terms that leases;
-can often be extended.
3) CROWN LEASES
-the Crown leases its O&G to companies with expertise, experience and the
willingness to assume the risk of production;
-the length of a primary term varies from 5 to 15 years with the extension period from
1 to 10 years;
-the consent of the designated government minister is required to assign a Crown
lease.
25. Canada
• Strong and well developed regulatory system on the federal and the provincial
level; all O&G projects must first be approved by the regulatory body.
• Canada’s example has shown that country without NOC can still exercise
management control and have balanced negotiations with IOCs and be just as
effective at shaping their petroleum sector by having the skills, knowledge and
laws to effect these goals.
26. 4) Conclusion
• When the oil industry began there were not provisions that allowed the state to
participate in the decision-making process in agreements. IOCs enjoyed almost
complete operational control.
• States began to assert their right to ownership and control of their natural resources
and contracts began to include clauses stipulating joint decision making processes.
• With oil prices rising from the mid 2000s onwards, NOCs benefitted from
improved access to capital which presented opportunities not only to build financial
strength, but also to develop in-house technical expertise. => renegotiation of
contract terms and conditions for many projects which signalled a shift in the
balance of the relationship between NOCs and IOCs. Contracts between NOCs and
services companies grew in size and importance over the same period.
27. Conclusion
• Countries without NOCs or management committees can exercise management
control and have discussions with IOCs and be just as effective at shaping their
petroleum sector by having the skills, knowledge and laws to effect these goals.
• NOCs going international:
-NOCs have developed their competence to compete abroad;
- rapid increase in domestic energy consumption;
-competitive advantages of NOCs;
-new ‘category’ of INOCs will pose a serious challenge to IOCs.
28. References
• Scott S Gaille, 'Allocation of International Petroleum Licenses to National Oil
Companies: Insights of the Coasem Theorem' (2010) 31 Energy Law Journal 111
• Nutavoot Pongsiri, 'Partnerships in Oil and Gas Production Sharing Contracts' (2004)
17 International Journal of Public Sector Management 431
• Malcolm Brinded, 'National and International Oil Companies: A Sum not a Balance'
(Oil and Money Conference, London, 30 October 2007) < http://www-
static.shell.com/static/media/downloads/speeches/brinded_london_30102007.pdf>
• Jenik Radon, 'The ABC's of Petroleum Contracts: License-Consession Agreements,
Joint Ventures, and Production Sharing Agreements' in Svetlana Tsalik and Anya
Schiffrin (eds), Covering Oil: A Reporters Guide to Energy and Development (Open
Society Institute 2005)
• Ernest E Smith, 'From Concessions to Service Contracts' (1992) 27 Tulsa Law
Journal 494
• Roberto Rigobon, 'Dealing with Expropriations: General Guidelines for Oil
Production Contracts' (MIT Sloan Management, 11 January 2008)
<http://web.mit.edu/rigobon/www/Robertos_Web_Page/policy_contracts.html>
29. References
• 'NOC-IOC partnerships: General guidelines for successful cooperation' (International
Energy Forum, 12-14 March 2012)
<http://www.ief.org/_resources/files/content/events/13th-ief/guidelines-for-noc-ioc-
cooperation.pdf>
• Mohammad Alramahi, 'Dispute Resolution in Oil and Gas Contracts' (2011) 3
International Energy Law Review 78
• Antony Lobo, 'Key Issues for Rising Oil Companies' (KPMG Global Energy Institute,
1 July 2008) <http://www.kpmginstitutes.com/global-energy-
institute/insights/2008/key-issues-for-rising-national-oil-companies.aspx>
• Jenik Radon, 'How to Negotiate the ''right'' Petroleum Contract' UNDP Discussion
Paper No.6 < http://www.un.org.kh/undp/images/stories/special-pages/extractive-
industries/docs/negotiating_contracts_eng.pdf>
• Amy Myers Jaffe, Wallace S Wilson and James A Baker, 'The International Oil
Companies' (The James A Baker III Institute for Public Policy, November 2007)
<http://www.bakerinstitute.org/publications/NOC_IOCs_Jaffe-Soligo.pdf>
• Mira Wilkins, 'The Oil Companies in Perspective' (1975) 104(4) American Academy
of Art and Sciences 159
30. References
• OpenOil, Oil Contracts: How to Read and Understand a Petroleum Contract (Times
Up Press, 2012)
• Paul Stevens, 'Oil Markets' (2005) 21(1) Oxford Review of Economic Policy 19
• 'The Changing Role of National Oil Companies in International Oil Markets' (The
Baker Institute Energy Forum, April 2007)
<http://www.europeanenergyreview.eu/site/pagina.php?id=47>
• Topan Meiza Romadhon, 'Regulating Production Sharing Contract in Act on Oil and
Gas' (2009) 16(1) Jurnal Facultas Hukum 1
• Chong-En Bai, Zhigang Tao, and Changqi Wu, 'Revenue Sharing and Control Rights
in Team Production: Theories and Evidence from Joint Ventures' (2003) William
Davidson Working Paper Number 563/2003
<http://deepblue.lib.umich.edu/bitstream/2027.42/39948/2/wp563.pdf>
• Stephen A Holditch, 'The Role of IOCs and NOCs in Developing Unconventional Oil
and Gas Reservois' (2009) <http://www.holditch.com/Portals/66/The%20Role%20of
%20IOCs%20and%20NOCs%20in%20UGRs_TWA_Sept.pdf>
31. References
• Miguel Soares Branco, 'Product Sharing Agreements: Legal Blessing or Curse for
Developing Countries?' (2012) 4 International Energy Law Review 147
• James L Smith, 'World Oil: Market or Mayhem?' (2009) 23(3) Journal of Economic
Perspectives 145
• Kirsten Bindemann, Production-Sharing Agreements: An Economic Analysis
(Oxford Institute for Energy Studies, 1999)
• Nick Watts, Raja Bose, 'Indonesian State Owned Upstream Oil and Gas Regulator
Invalidated by Constitutional Court' (K&L Gates,15 November 2012)
<http://m.klgates.com/indonesian-state-owned-upstream-oil-and-gas-regulator-
invalidated-by-constitutional-court-11-15-2012/>
• Tengku Machmud, The Indonesian Production Sharing Contract: An Investors
Perspective (Kluwer Law International, 2000)
• Robert A James, 'Strategic Alliances Between National and International Oil
Companies' (2011) PESD Working Paper #104 < http://iis-
db.stanford.edu/pubs/23377/WP_104,_James,_NOC-
IOC_Stategic_Alliances,_25_October_2011.pdf>
32. References
• Valerie Marcel, 'The Increasing Role of NOCs' (FirstMagazine-World Petroleum)
<www.firstmagazine.com/DownloadSpecialistPublicationDetail.102.ashx>
• Talal Al-Emadi, 'Joint Ventures Contracts (JVCs) Among Current Negotiated
Petroleum Contracts: A Literature Review of JVCs Development, Concepts and
Elements' (2010) 1 Geo. J. Int’l Law: The Summit 645
• Paul Stevens, 'National Oil Companies and International Oil Companies in the
Middle East: Under the Shadow of Government and the Resource Nationalism
Cycle' (2008) 1 Journal of World Energy Law & Business 5
• PWC, 'Oil and Gas in Indonesia: Investment and Taxation Guide' (PWC, May 2012
5th edition)
http://www.pwc.com/id/en/publications/assets/oil-and-gas-guide_2012.pdf
• Terry Lacey, 'Bureaucracy Slows Indonesia Oil & Gas Development' (Asia Sentinel,
12 January 2010)
http://www.asiasentinel.com/index.php?option=com_content&task=view&id=2236&Itemid
• Andrew Steele, 'Refining the Future: Oil and Gas in Indonesia' 3(2) Global Asia 90
33. References
• American Petroleum Institute, '2012 Energy in Charts' <
http://www.api.org/policy-and-issues/policy-items/american-energy/~/media/Files/Policy/A
>
• Anna Zalik, 'Oil futures: Shell’s Scenarios and the social constitution of the global
oil market‘ (2010) 41(4) Geoforum
<http://www.sciencedirect.com/science/article/pii/S0016718509001791>
• Andre Plourde, 'Oil and Gas in the Canadian Federation' (June 2010) <
http://www.cics.northwestern.edu/documents/workingpapers/Energy_10-001_Plourde.pdf>
• Bonita Russell, Daniel Shapiro and Aidan Vining, 'The evolution of the Canadian
mining industry: The role of regulatory punctuation' (2010) 35(2) Resources Policy
<http://www.sciencedirect.com/science/article/pii/S0301420709000403>
• Canadian International Council, 'What ever happened to Petro Canada?' <
http://opencanada.org/features/what-ever-happened-to-petro-canada>
• Chiaran O’Faircheallaigh and Ginger Gibson, 'Economic risk and mineral taxation
on Indigenous lands' (2012) 37(1) Resources Policy <
http://www.sciencedirect.com/science/article/pii/S0301420711000845>
34. References
• Christian Wolf, 'Does ownership matter? The performance and efficiency of State Oil
vs. Private Oil (1986-2006) ' (2009) 37(7) Energy Policy <
http://www.sciencedirect.com/science/article/pii/S0301421509001372>
• Courtney Fidler and Bram Noble, 'Advancing strategic environmental assessment in
the offshore oil and gas sector: Lessons from Norway, Canada and United Kingdom'
(2012) 34 Environmental Impact Assessment Review <
http://www.sciencedirect.com/science/article/pii/S0195925511001302>
• C. St. Peter, 'Oil and Natural Gas in New Brunswick: Historical and Current Industry-
Related Activities' <http://www.gnb.ca/0078/minerals/pdf/ONG_History-E.pdf>
• Donkun Luo and Na Yan, 'Assessment of fiscal terms of international petroleum
contracts' (2010) 37(6) Petroleum Exploration and Development <
http://www.sciencedirect.com/science/article/pii/S1876380411600098>
• EIA U.S. Energy Information Administration, 'Canada' (17 September 2012) <
http://www.eia.gov/countries/analysisbriefs/Canada/canada.pdf> <
http://www.sciencedirect.com/science/article/pii/S030142151200972X>
35. References
• Farouk Al-Kasim, Tina Soreide and Aled Williams, 'Corruption and reduced oil
production: An additional resource curse factor? '(2012) (in press-corrected proof)
Energy policy <
http://www.sciencedirect.com/science/article/pii/S030142151200972X>
• Gail Fraser and Joanne Ellis, 'The Canada-Newfoundland Atlantic Accord
Implementation Act: Transparency of the environmental management of the
offshore oil and gas production' (2009) 33(2) Marine Policy <
http://www.sciencedirect.com/science/article/pii/S0308597X08001267>
• Hashmat Khan and Bae-Geun Kim, 'Mark-ups and oil prices in Canada' (2013) 30
Economic Modelling <
http://www.sciencedirect.com/science/article/pii/S0264999312003549>
• Huang Liming, Emdad Haque and Stephan Barg, 'Public policy discourse, planning
and measures toward sustainable energy strategies in Canada' (2008) 12(1)
Renewable and Sustainable Energy Reviews <
http://www.sciencedirect.com/science/article/pii/S1364032106000980>
36. References
• Industry Canada, 'Oil and Gas' <
http://www.ic.gc.ca/eic/site/ogt-ipg.nsf/eng/home> accessed 27 November 2012
• Jonathan Green, 'The rise of the International National Oil Companies and their
challenge to International Oil Companies' (2008) <
http://www.pipelineconference.com/sites/default/files/papers/P.6%20Green.pdf>
• Joseph Doucet and Stephen Littlechild, 'Negotiated settlements and the National
Energy Board in Canada' (2009) 37(11) Energy Policy <
http://www.sciencedirect.com/science/article/pii/S0301421509004339>
• Mark Thurber, 'NOCs and the Global Oil Market: Should We Worry? '(6 February
2012)
http://energyseminar.stanford.edu/sites/all/files/eventpdf/Thurber%20energy%20seminar%
• Mark Thurber, David Hults and Patrick Heller, 'Exporting the Norwegian model:
The effect of administrative design on oil sector performance' (2011) 39(9) Energy
Policy <http://www.sciencedirect.com/science/article/pii/S0301421511004125>
37. References
• Martin Boyer and Didier Filion, 'Common and fundamental factors in stock returns of
Canadian oil and gas companies' (2007) 29(3) Energy Economics <
http://www.sciencedirect.com/science/article/pii/S0140988305001167>
• Minister of Justice, 'Canada Oil and Gas Drilling and Production Regulations' <
http://laws-lois.justice.gc.ca>
• Minister of Justice, 'Canada Oil and Gas Land Regulations' <
http://laws-lois.justice.gc.ca>
• Natural Resources Canada, 'Energy Sources' <
http://www.nrcan.gc.ca/energy/sources/1330>
• Oil and Gas Info.ca, 'Crude Oil Reserves and Production' <
http://www.oilandgasinfo.ca/our-oil-and-gas-industry/how-much-oil-and-gas-are-we-talkin
>
• Paul Stevens, 'National Oil Companies: Good or Bad? – A Literature Survey'
http://www.dundee.ac.uk/cepmlp/journal/html/Vol14/Vol14_10.pdf
• Peter Hartley and Kenneth B. Medlock, 'A model of the operation and development
of a National Oil Company' (2008) 30(5) Energy Economics <
http://www.sciencedirect.com/science/article/pii/S0140988308000212>
38. References
• Peter Hartley and Kenneth B. Medlock, 'A model of the operation and development
of a National Oil Company' (2008) 30(5) Energy Economics <
http://www.sciencedirect.com/science/article/pii/S0140988308000212>
• Peter Toft and Arash Duero, 'Reliable in the long run? Petroleum Policy and long-
term oil supplier reliability' (2011) 39(10) Energy Policy <
http://www.sciencedirect.com/science/article/pii/S0301421511005982>
• Timothy Martin and Jay Park, 'Global petroleum industry model contracts revised:
Higher, faster, stronger' <
http://www.timmartin.ca/fileadmin/user_upload/pdfs/Global_Petroleum_Industry_Model_
>
• Vlad Ivaneko, 'Modularity analysis of the Canadian natural gas sector' (2012) 34(4)
Energy Economics <
http://www.sciencedirect.com/science/article/pii/S0140988311002738>
• Renato Cibin, Roberto M Grant, ‘Restructuring Among the World’s Leading Oil
Companies’ (1980) 4 British Journal of Management 283
• Richard M Auty, ‘The Internal Determinants of Eight Oil-Exporting Countries
Resource Based Industry Performance’ (1989) 25 Journal of Development Studies
39. References
• Ronald Findlay, Mats Lundahl, ‘Natural Resources and Economic Development:
Experience In Resource Abundance and Economic Development’ (2001) Oxford
University Press Working Paper <h
ttp://www.wider.unu.edu/publications/working/papers/previous/en_GB/wp-162/_files/82
>
• Jesús Mora Contreras, ‘Contratos de Exploración y Producción de Petróleo
Origen y Evolución’, Facultad de Ciencias Económicas y Sociales del
Departamento de Economía, Universidad de Los Andes, Venezuela (2011) <
http://www.saber.ula.ve/bitstream/123456789/34650/1/contratos_petroleros.pdf>
• Joanne Shore and John Hackworth, ‘Impacts of the Venezuelan Crude Oil
Production Loss’, US Energy Information and Analysis (EIA) <
http://www.eia.gov/pub/oil_gas/petroleum/feature_articles/2003/venezuelan/vzimpacts.h
• Michael Likosky, ‘Contracting and regulatory issues in the oil and gas and
metallic minerals industries’ (2009) 18(1) Transnational Corporations
http://archive.unctad.org/en/docs/diaeiia20097a1_en.pdf
• ‘National Oil Companies: Good or Bad? A Literature Survey’, (CEPMLP, Annual
Statistical Bulletin 2005)
40. References
• Samuel B Katz, ‘Types of International Petroleum Contracts, their history and
development’, (AAPG Datapages Combined Publication Database 1994) <
http://archives.datapages.com/data/specpubs/methodo1/data/a098/a098/0001/0250/0297.h
>
• Silvana Tordo, Brandon S Tracy,Noora Arfa,’National Oil Companies and Value
Creation’ World bank WP No. 218/2011 <http://www.worldbank.org>
• Andrei Shleifer, ‘State versus Private Ownership’ (1998) 12(4) Journal of
Economic Perspectives 133
• Joseph E. Stiglitz, Jaime Jaramillo-Vallejo and Yung Chal Park, ‘What Is the Role
of the State in Escaping the Resource Curse?’ (Columbia University Press 2007) <
http://www.uadphilecon.gr/UA/files/1924580762..pdf>
• ‘Venezuelan Oil and Gas Industry’, Independent Stadistic & Analysis, US Energy
Information Administration <http://www.eia.gov/countries/cab.cfm?fips=VE>
• Timothy Fenton Krysiek, ‘Agreements from another Era: Production Sharing
Agreement in Putin, Russia, 2000-2007’,Oxford Institute for Energy Studies (2007)
<
http://www.oxfordenergy.org/wpcms/wp-content/uploads/2010/11/WPM34-AgreementsFr
>
41. References
• Charles McPherson, ‘National Oil Companies—Evolution, Issues, Outlook’
(National Oil Workshop, 27 May 2003)
http://siteresources.worldbank.org/INTOGMC/Resources/NOCPaperMcPherson.pdf
• Giacomo Luciani, Mario Salustri, ‘Vertical Integration as a Strategy for Oil Security:
In Strategic Positioning in the Oil Industry’ Emirates Center for Strategic Studies and
Research/I.B. Tauris (1998)
• Stacy Eller, Peter Hartley and Kenneth Medlock, ‘Empirical Evidence of the
Operational Efficiency of National Oil Companies’ 40 (3) Empirical Economics 623
• David Hults, ‘Petroleos de Venezuela S.A: The Right-Hand Man of the Government’
(2007) Working Paper #70
http://iis-db.stanford.edu/pubs/22067/Hults,_PdVSA_case_study,_WP_70.pdf
• Machmud, T.N., 1993. Production sharing contracts in Indonesia: 25 years’
history. Journal of Energy and Natural Resources Law Vol 11, No. 3, 179
• New round of direct negotiations for exploration and PSC with Yasimientos
Petroliferos Fiscales (YPF) Pursuant to provision 22 of Hydrocarbons Law 17.319,
YPF. 22 U. Miami Inter-Am. L. Rev. 143 1990-1991
• Brown, S., 2004. Law on Production Sharing Agreements in Ukraine. 22 J. Energy &
Nat. Resources L. 80
42. References
• Germany: Rules on Cost Sharing Contracts [notes] Intertax, Vol. 11, Issue 5 (1983),
165
• Granucci, A.F., 1986. Joint Developments of Resources in Indonesia [notes]
Journal of Energy & Natural Resources Law, Vol. 4, Issue 2 (1986), 116
• Kassan, J. and J. Orsi, 2012.
Legal Landscape of the Sharing Economy, The [article] Journal of Environmental
Law and Litigation, Vol. 27, Issue 1 (2012), 1
• Adepetun, S.,1995. Productio Sharing Contracts - The Nigerian Experience [article]
Journal of Energy & Natural Resources Law, Vol. 13, Issue 1 (February 1995), 21
• Lee, O., 1983.
Formation of Contract and Contract Law through Multinational Joint Ventures: Indonesia,
International Lawyer (ABA), Vol. 17, Issue 2 (Spring 1983),257
• Schmitz, J.W., 1978. Profit Sharing in Mexico [notes] Lawyer of the Americas, Vol.
10, Issue 1 (1978), 99
• Chelius, J. and R.S. Smith, 1990. Profit Sharing and Employment Stability [article]
Industrial and Labor Relations Review, Vol. 43, Issue 3 (February 1990), 256
• Timokhov, V.,2001.
Recent Developments in the Russian Production-Sharing Agreement Law: Making the Law
UCLA Journal of International Law and Foreign Affairs, Vol. 6, Issue 2
(Fall/Winter 2001-2002), 365
43. References
• Weinstein, M., 1998.
Profit-Sharing Contracts in Hollywood: Evolution and Analysis [article] Journal of
Legal Studies, Vol. 27, Issue 1 (January 1998), 67
•
Proceedings: Investing in Russia under the Law on Production Sharing Agreements [comm
Houston Journal of International Law, Vol. 20, Issue 3 (Spring 1998), 517
• Yakovlev, A., 1996.
Production Sharing Agreements in the Russian Petroleum Sector [article] World
Competition, Vol. 20, Issue 2 (December 1996), 45
• Ndi, G., 1992.
Contractual and Legal Framework for Petroleum Exploration and Production in Cameroom
Journal of Energy & Natural Resources Law, Vol. 10, Issue 3 (1992), 267
• Edu, O.K., 2010.
Socio-Legal Appraisal of Nigeria's Joint Venture Arrangement in the Petroleum Industry, A
Sri Lanka Journal of International Law, Vol. 22, Issue 1 (2010), 1
• Lockhart, C., 2004.
Upstream Oil and Gas Marketing Agreements: Trade Practices Issues [article]
Australian Resources and Energy Law Journal, Vol. 23, Issue 2 (July 2004), 185
44. References
• Mead, W.J., 1967. Competitive Significance of Joint Ventures, The [article]
Antitrust Bulletin, Vol. 12, Issue 3 (1967), 819
• Kassim-Momodu, M., 1988.
Legal Aspects of Ownership of Natrual Gas in Nigeria [notes] Journal of Energy &
Natural Resources Law, Vol. 6, Issue 4 (1988), 268
• Feathers, L.A., 1992.
Western Opportunities for Investment in the Oil Industry of the Former Soviet Union [note
American University Journal of International Law and Policy, Vol. 7, Issue 3
(Spring 1992), 703.
• Olisa, M.M., 1972.
Comparison of Legislation Affecting Foreign Exploitation of Oil and Gas Resources in Oi
Alberta Law Review, Vol. 10, Issue 3 (1972), 487
• McGee, B.E., 1979.
Negotiating and Drafting Coal Joint Venture Agreements [article] Natural
Resources Lawyer, Vol. 12, Issue 3 (1979), 511
• Yuan, P.C., 1986.
China's Offshore Oil Development: An Interim Assessment [legislation]
International Journal of Estuarine and Coastal Law, Vol. 1, Issue 1 (February
1986), 62
45. Reference
• O’Regan, P.W. and T.W. Taylor, 1984. J
oint Ventures and Operating Agreements [article] Victoria University of Wellington
Law Review, Vol. 14, Issue 1 (February 1984), 85
• Waldr, T.W., 1994.
Perspectives on Oil & (and) Gas Investments in the Former Soviet Union [article]
Currents: International Trade Law Journal, Vol. 3, Issue 2 (Fall 1994), 48
• Skelton, J.W.J., 1993.
Investing in Russia's Oil and Gas Industry: The Legal and Bureaucratic Obstacles [article]
Natural Resources & Environment, Vol. 8, Issue 2 (Fall 1993), 26
• Omorogbe, Y., 1987.
Legal Framework for the Production of Petroleum in Nigeria, The [article] Journal
of Energy & Natural Resources Law, Vol. 5, Issue 4 (1987), 273
• Gorman, T.W., 1985.
Chinese Legal Inducements for the Development of a Domestic Petroleum Industry [comm
Texas International Law Journal, Vol. 20, Issue 1 (Winter 1985), 189
• De Soto, E., 1996. Structuring the U.S.-Mexico Joint Venture [article]
42 Prac. Law. 79 (1996)
46. References
• Maggins, J.T., 1960. Financing Oil and Gas Development [article] Business
Lawyer, Vol. 15, Issue 3 (April 1960), 693
• Nnona, G., 2003.
New Policy Regime for Gas in Nigeria: A Perspective on Tax and Related Incentives [articl
Journal of Energy & Natural Resources Law, Vol. 21, Issue 3 (August 2003), 285
• Index of Subject Matter for the Seventh Petroleum Law Supplement [index]
Alberta Law Review, Vol. 10, [xiii]
• Compendium of Articles of Interest to the Oil and Gas Practitioner: 1972-1980, A [index]
North Dakota Law Review, Vol. 58, Issue 3 (1982), 689
• Discussion of Mexico-United States Energy Relations under NAFTA [comments]
United States-Mexico Law Journal, Vol. 1, 257
• Wallace, C.B., 1956.
Gas for Domestic and Agricultural Use - Lease, Legislation, and Litigation [article]
American Bar Association. Section of Mineral and Natural Resources Law.
Proceedings , Vol. 1956, 248
• Roland, D.L., 1986.
Take-or-Pay Provisions: Major Problems for the Natural Gas Industry [comments]
St. Mary's Law Journal, Vol. 18, Issue 1 (1986), 251
47. References
• Lloyd, J.H., 1988.
Depletion of Oil and Gas Well By-Products: Oil, Gas, Specific Mineral, or Other Mineral
Tulsa Law Journal, Vol. 23, Issue 4 (Summer 1988), pp. 697-710. [Available
online at: heinonline.org] Accessed on 26/11/12.
• Murphy, B.M., 1948.
1 Conservation of Oil and Gas: A Legal History, 1948 (Blakely M. Murphy, ed.) (1949)
Arkansas, 1938-1948.
• Cross, L., Dlds, D. and DeBalko D., 2000.
Complexities in Lending to Independent Oil and Gas Exploration and Production Compan
Commercial Lending Review, Vol. 15, Issue 3 (Summer 2000), 9
• Dowling, B.W., 1987.
White Oil and Greenback Dollars: An Overview of Controversies Surrounding Production
St. Mary's Law Journal, Vol. 19, Issue 1 (1987), 81
• Rincon, N., 1998. Exploring the Taxation of Oil and Gas [article] International Tax
Review, Vol. 9, Issue 6 (June 1998), 24
• Sullivan, R.E., 1955. 1 Robert E. Sullivan, Handbook of Oil and Gas Law (1955)
Transportation of Natural Gas
48. References
• Walker, B. P.J., 1951. Discussion: A Model Oil and Gas Conservation Law [article]
Tulane Law Review, Vol. 26, Issue 3 , 267
• Kassim-Momodu, M., 1988.
Legal Aspects of Ownership of Natrual Gas in Nigeria [notes] Journal of Energy &
Natural Resources Law, Vol. 6, Issue 4 (1988), 268
• Jones, L.J., 1965.
Preservation Provisions in Oil and Gas Leases - A Critique [article] South Texas
Law Journal, Vol. 8, Issue 2 (1965-1966), 84
• Determination of Jurisdiction over Contractually Segregated Commingled Gas
under the Natural Gas Act [notes] Utah Law Review, Vol. 9, Issue 1 (Summer
1964),178
• Dunlaney, M. and R. Merrick, 2005. Legal Issues in Cross-Border Oil and Gas
Pipelines [article] Journal of Energy & Natural Resources Law, Vol. 23, Issue 3
(August 2005), 247
• Mirabito, R., 1989. Prospects for Western Investment: A Comparison of Joint
Venture Laws in the Soviet Union, Yugoslavia, and China [notes] Boston College
International and Comparative Law Review, Vol. 12, Issue 1 (Winter 1989), 103
• Hand, C.L., 1983. Joint Venture - What Is It and How to Recognize Its Features,
The [article] Journal of the Kansas Bar Association, Vol. 52, Issue 3 (Fall 1983),
227