OGEL - Global Energy Law & Regulation Portal
Few things can concentrate the mind as much as an award of $50 billion dollars. When the three parallel awards in the Yukos dispute were released in mid-2014, TDM and OGEL therefore immediately called for papers to comprise a Special Issue. Our range of topics includes discussions of the legal aspects and computation of the record-setting damages award; and the attention-getting rulings in the arbitrations on contributory fault, the treatment in the Awards of the Russian tax regime, and the acceptance by the tribunal of illegally-obtained evidence; the terms on which the Yukos awards may be enforced in Russia and England; the damages aspects of the Awards. We have "advance published" those very useful papers, to assure TDM and OGEL readers access to timely observations on various aspects of the largest international arbitration awards we have yet to see. And we are now presenting these papers formally as our Special Issue on the Yukos Awards.
It is now eleven years since the founding editor, Thomas W. Wälde, edited OGEL's first special issue on taxation and his opening statement at that time was that the taxation of oil, gas and energy had become a very specialised business. The message back then was that taxation in the energy sector was complex, with very difficult tax questions, ongoing tax disputes, complex interactions between national tax legislation and operating contracts and the absence of in-depth examination of topics like decommissioning. Since then, the tax climate has been changing - for the worse. Multinational corporations are exposed to sky-high tax risks internationally and the cumulative risks are increasing day by day.
This joint OGEL and TDM Special issue focuses on renewable energy disputes at the level of international, European and national law. There are many ongoing cases at all three levels. Recent and ongoing renewable energy disputes under international law have concerned international investment law and WTO law. Recent renewable energy disputes at European level have mostly related to the free movement provisions of EU Treaty law. Contractual arrangements and connection issues serve as illustrations of private and contractual disputes in these areas at national level....
Edited by Dr. Michal Domagala (John Paul II Catholic University of Lublin) and Piotr Pszczel (Kawalko&Godlewski law firm) this special looks at the Polish energy sector which is currently undergoing substantial change. The change is driven by several factors, but the most influential seems to be the requirements imposed by European Union Laws. The above-mentioned requirements consist of three groups i.e: those related to mitigation of adverse effects of energy sector on the environment, secondly those aimed at providing a necessary level of security of supply and finally, those which primarily aims to create a competitive energy market as a part of the Internal Market of the European Union.
The first issue of 2015 is our special on "Natural Gas Developments: An International and Challenging Legal Framework". Historically natural gas was not always a welcomed discovery. This has now changed and where the natural gas deposits are significant enough to justify investments, the deposits are welcome. However, the regulatory and contractual treatment of natural gas typically differs from that of oil. This special is going to explore some of these differences.
After three OGEL specials in 2014 - including the special on "Governance of Unconventional Gas outside the United States of America" and the World Bank Institute Learning Symposium in June 2014 - we continue 2014 with this regular issue which covers a variety of topics, including a look at the Eastern Mediterranean, the Geopolitics of Energy and the EU/Russia relation and other topics of interest.
This OGEL Special Issue on the Governance of Unconventional Gas outside the United States of America is edited by OGEL's Editorial Committee member Dr. Philip Andrews-Speed (Energy Studies Institute of the National University of Singapore). The diversity of geography, political context and perspective will provide a good insight into the complexity and diversity of the challenges involved in the governance of unconventional gas. Not only did the contributing authors prepare their papers for this special, but many of them had the opportunity to present their work during a joint OGEL - World Bank Institute (WBI) learning symposium on the Governance of Unconventional Gas: Exploring How to Deliver Transparent Benefits in Non-OECD Countries, held at the World Bank Headquarters, Washington DC, 2-3 June 2014. We'd like to thank Michael Jarvis at the Governance of Extractive Industries Program of World Bank Institute (WBI) for this opportunity. This special also includes a summary of some of the outcomes of this symposium prepared by Mr Jarvis.
Energy Community is the primary instrument in EU external energy policy. The large number of contributions to this special on the Energy Community edited by Dr Dirk Buschle (Deputy Director and Head of Legal of the Energy Community Secretariat) illustrate the diversity and complexity of the topic. Instead of providing a coherent account of where the Energy Community stands today, this special provides numerous tie-ins for the future debate. It provides for an inspiring reading on the current issues and future options for the Energy Community. We are comfortable that this special issue will provide the basis for many fruitful discussions. OGEL would like to take this opportunity to thank Dr. Buschle and his colleagues at the Energy Community for their time and effort during the preparation of this special.
We kick off 2014 with a special on Offshore Petroleum Exploration and Production: Challenges and Responses edited by Simon Amaduobogha and Dr. Sergei V. Vinogradov of the Centre for Energy, Petroleum, Mineral Law and Policy (CEPMLP), University of Dundee. It addresses the legal, economic, environmental and policy aspects of offshore exploration and production activities. The editorial provides an overview of the various contributions in this issue.
After four OGEL specials in 2013, we continue 2013 with this regular issue which covers a variety of topics, including a look at Brazilian Production Sharing Agreements (1st Production Sharing Bidding currently underway) and Prof. Dr. Andrey A. Konoplyanik shares his views on the antimonopoly investigation by the European Commission against Gazprom.
This special feature on Joint Operating Agreements & National Oil Companies: Challenges and Dynamics was edited by Dr. Eduardo Pereira (STR Holding). Recent changes in local laws in various countries set requirements for NOCs participation in oil and gas projects as "partners". As a result JOAs currently often have a NOC as a party to the agreement, this makes the JOA acquire certain specific characteristics. This special edition addresses the key issues between an IOC and NOC within a JOA.
The Eastern Mediterranean basin has become one of the latest areas of interest for the international oil and gas industry. The offshore fields in the area have great potential both in terms of economic activities and progress in the region as well as on an international political level. The objective of this special is to provide a picture of legal and regulatory issues involved and the "state of play" in the new oil and gas region.
Mirian Kene Kachikwu and Dr. Leon Moller (Robert Gordon University) edited this OGEL Special on Risks and Responses to Risk in the Energy Sector. It focuses on a number of key risks areas that are facing the international industry today. A number of topical papers are included ranging from academic to industry professionals, covering a wide range of issues in the subject area.
- Aug 28
- An Update on The Status of Petroleum Related Laws and contractual frameworks in Iran: A century of Oil in Persia
- Jul 20
- The European Union and Energy Community's Commitments to Energy Sustainability from Renewable Sources as an Opportunity for the Enhancement of the International Law Dimension of the Renewable Energy Sector
- Jul 13
- China's Falling Coal Consumption: Will the Trend Continue?
- Jun 15
- The Need for a Standard Index of Vehicular Pollution Intensity in the United States
- Jun 15
- Yukos v. Russian Federation: Observations on the Tribunal's Ruling on Damages
- Jun 15
- Winning the Battle Does Not Mean Winning the War: Challenges Facing the Yukos Shareholders in Enforcing Their Arbitration Awards Against the Russian Federation in England and Wales
- Jun 01
- Economic Growth and Investment Regimes in Subsoil Use and its consequences for Russia (Results of Cross-Country Comparison)
- May 26
- Reforming China's National Oil Companies: Big Bang or Small Steps?
- May 12
- Addendum OGEL 3 (2015) - The Italian Photovoltaic sector in two practical cases: how to create an unfavorable investment climate in Renewables
- May 11
- Treaties on Transit of Energy via Pipelines and Countermeasures by Danae Azaria - Book review
- Apr 29
- From Ownership by State Treasury to Taxation of Private Business in Times of Austerity: Remodelling Government's Rents from Production of Hydrocarbons in Poland
- Apr 29
- Evolution of Gas Pipeline Regulation in Russia - Third Party Access, Capacity Allocation and Transportation Tariffs
- Apr 29
- Upstream Petroleum Prospectivity and the Growing Influence of the Islamic (Shariah) Law and its Economic Rules
- Apr 21
- China's Unconventional Gas Production: Slow but Steady Progress
- Apr 13
- The Energy Charter Early Warning Mechanism: 2014 Russia-Ukraine-EU Transit Issues
- Mar 13
- Is China's Nuclear Energy Strategy on Track?
- Feb 26
- China's Energy Transition: is it Really Under Way?
- Feb 25
- New Hydrocarbons Law in Argentina
This learning symposium was the
first to focus on these governance considerations with a view to ensuring unconventional
gas is an effective contributor to sustainable growth
and development in non-OECD contexts. It built upon new research, with a focus on
articles from the special issue of the OGEL on "The governance of unconventional gas exploitation outside the United States".
› Read more...
A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought was published in 2009 by CMP Publishing Ltd. in honour of Thomas Wälde. The editors Jacques Werner and Arif Hyder Ali gathered an impressive collection of essays by practitioners, arbitrators and professors who knew Thomas Wälde in a modest effort to capture Thomas' never ending interests. This book is now available on OGEL and TDM with the kind permission from the publisher. For subscribers the chapters are available as individual papers, all others may download the entire book as a free download.
We are looking for both short comments on recent developments of broad interest and longer academic style papers. We would like, such comments and papers to be backed-up by provision of in-depth notes and articles and primary legal and regulatory materials.
Given OGEL's role as the principal "Global Energy Law & Regulation Portal", we are looking to re-publish quality and relevant studies published elsewhere - and would appreciate help in identifying such studies and, where possible, get the authors' (or other right-holders') consent.
- Energy Law and Policy in the Middle East and North Africa (MENA)
Editors: Prof. A.F.M. Maniruzzaman & Yanal Abul-Failat
- Emerging Issues in Polar Energy Law and Governance
Editor: Dr. Tina Hunter
See also are previously published specials.
Dr. Kim Talus, Editor-in-Chief
University of Eastern Finland,
Dr. Anas Alhajji, Moderator OGELFORUM
NGP Energy Capital Management (Texas)
Dr. Philip Andrews-Speed
Energy Studies Institute of the National University of Singapore
Also see: Editorial Team.
The number of OGEL readers has been increasing from the start; these consist of major international energy companies, governmental organisations, law firms (mainly those with a claim to special competence in international oil, gas and energy regulation), international agencies and academic and think-tank institutions in the field of energy policy. A selection in random order:
You can find a more extensive overview here.
TDM (www.transnational-dispute-management.com, ISSN 1875-4120) is a comprehensive and innovative information service on the management of international disputes, with a focus on the new and rapidly evolving area of investment arbitration, but also in other significant areas of international investment (such as oil, gas, energy, infrastructure, mining, utilities etc). It deals both with formal adjudicatory procedures (mainly investment and commercial arbitration), but also mediation/ADR methods, negotiation and managerial ways to manage transnational disputes efficiently. Be sure to check out our special combi-arrangement for a combined OGEL/TDM subscription.
Centre for Energy, Petroleum and Mineral Law and Policy
(CEPMLP, University of Dundee)
The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee is the internationally renowned graduate school in the field of international business transactions and natural resources and energy law and policy.
The interdisciplinary approach to teaching, research and consultancy provides a unique perspective on how governments, business and communities operate, providing the professionals of today with the ability to meet the challenges of tomorrow.