1,721,073 research outputs found
Compulsory Pooling under the Oil and Gas Conservation Act of Alberta
Full text linkThis article provides a comprehensive analysis of compulsory pooling orders issued by the Energy and Utilities Board and its predecessors under the Alberta Oil and Gas Conservation Act The author describes the history and purpose of compulsory pooling provisions, outlines the statutory framework, and analyzes the procedures, jurisdiction and powers of the EUB. The article then describes the salient features of compulsory pooling orders, focusing on contentious issues such as cost equalization, and looks at the effects of such orders. The author argues that EUB decisions are largely consistent, although occasionally provide inadequate reasons. The author submits that the Lieutenant Governor in Council should no longer be involved in EUB pooling orders, rather, the best protection for the industry is to require the EUB to provide clear written decisions which are consistent with its own precedents and subject to judicial review or appeal. Finally, the author points out that in some situations compulsory pooling orders may be more generous to working interest owners than voluntary pooling agreements
Pooling Agreements in Canadian Oil and Gas Law
Full text linkA pooling agreement is a private contractual response to a regulatory requirement. In this article, the author discusses the situations in which a pooling agreement is needed The author also discusses the duties that may be owed by the owner of a working interest to the holders of nonparticipating interests when negotiating a pooling agreement
International Human Rights Law and Natural Resources Projects Within the Traditional Territories of Indigenous Peoples
Full text linkThis article explores the relevance of international human rights law to natural resource developments within the traditional territories of indigenous peoples. The author argues that international law prescribes standards that limit the authority of the state to grant resource rights to third parties and to approve resource projects within the traditional territories of indigenous peoples. In making this argument, the article examines interactions between recent developments in human rights law and the domestic legal system. The author approaches the topic through an examination of how several recent international decisions deal with conflict between territorial rights asserted by indigenous peoples and resource development permits granted by domestic governments within those territories. The article suggests that these decisions point to an emerging trend on the international human rights stage to interpret international rights instruments as requiring consideration of the relationship of indigenous peoples to the land prior to allowing resource exploitation
International civil liability regimes for nuclear, oil transport and industrial activities
No full textBibliography: p. 201-218This thesis is concerned with international liability for transboundary consequences arising out of acts not prohibited by international law. Specifically, it considers three civil liability regimes: nuclear liability, oil transport and industrial accidents with consequences for transboundary waters. It explores whether the development of civil liability regimes regulating particular hazardous activities is the appropriate solution to ensure the fulfillment of the duty to prevent harm and the duty to compensate. It also explores whether the three civil liability regimes have changed over the years to provide broader protection and more adequate compensation for the victims of an accident.
The thesis concludes that the development of civil particular liability regimes serves two aims: to allow risky but socially important activities to continue and to provide compensation to those who suffer harm. Some elements of these aims are only partially fulfilled. The obligations of prevention and compensation are not equally emphasized and in particular, the three liability regimes are more concerned with compensation for damage after an accident than with preventing it.
The liability regimes have changed over the years to bring levels of compensation in line with the damages suffered. However, aspects of damage remain uncompensated. Thus these three civil liability regimes do not totally implement the "polluter pays" principle
Governance of Resource Revenues in Ghana’s Mineral and Petroleum Sectors
No full textThis thesis is a critical comparative study of the governance frameworks for resource revenues in the Ghanaian mineral and petroleum sectors. It examines the law and legal institutions of both sectors with regard to transparency and accountability in the management of resource rents. In particular it argues that the experiences of the petroleum sector governance regime can be used to reform the mining sector.
The thesis further argues that the availability of legal mechanisms which ensure that citizens have timely and accurate information on the resources exploited and the utilization of rents is essential to good resource management. It concludes that while the petroleum sector may offer the mining sector ideas about how to reform its revenue governance system, if the reform is to be effective it needs to be carried out holistically, consistent with the mining context
The Prescription of Provisional Measures under Article 290 of the Law of the Sea Convention
Full text linkArticle 290 of the Law of the Sea Convention allows for the prescription of provisional measures to preserve the respective rights of the parties to the dispute or to prevent serious harm to the marine environment, pending any hearing on the merits or pending the constitution of an arbitral tribunal to which a dispute is being submitted. The thesis examines the jurisprudence on orders for provisional measures with the aim of explaining the purpose(s) of provisional measures, assess how the respective preconditions of article 290 are interpreted by the courts and tribunals under the Law of the Sea Convention, and whether it is possible to identify a consistent pattern in the orders, and thus, an established threshold for granting a request for provisional measures. The thesis also aims to assess the implications of provisional measures from a wider perspective and thus to examine if provisional measures orders may also serve to facilitate settlement of disputes
- …
