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Edited by Tina Hunter

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Edited by Tina Hunter

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Regulation of the Upstream Petroleum Sector

A Comparative Study of Licensing and Concession Systems

Edited by Tina Hunter

This discerning and comprehensive work will be a useful entry point for students embarking on study in petroleum law. Academics will find this timely examination to be an indispensible overview of upstream operations. Practitioners will find this book an illustrative review of the origins of issues surrounding regulatory frameworks in managing natural resources.
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Costantino Grasso and Tina Hunter

This chapter offers a commentary to Article 22 of the Energy Charter Treaty, which addresses the vexed question of the presence of state-owned and privileged enterprises in commercial operations. The chapter begins with a historical background of the dominant role played by state-owned and privileged enterprises in the energy sector. It also identifies the emerging geopolitical pattern related to the use of such type of corporations. The author deals with the theoretical and practical difficulties experienced at the international level due to the absence of a universally accepted definition of state-owned enterprises, analysing the most relevant case law such as the landmark decisions Emilio Agust'n Maffezini v. The Kingdom of Spain and Salini v. Morocco. Finally, the chapter analyses the relevant International and European legal framework in the light of the provision of Article 22, which aims at preventing a state from invoking domestic law as a defense against the violation of an international obligation in relation to contracts or other acts undertaken by state entities.

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Peter Vajda, Varvara Aleksić and Tina Hunter

The concept of state sovereignty dates back to the Peace of Westphalia that forms the foundation of modern international relations as well as international law. In international law, sovereignty means that a government possesses and exercises full control over affairs within its territory, which also includes sovereignty over its energy resources which can be considered as an extension of the principle of territoriality. The determination of state sovereignty is often subject to diplomatic disputes and the Charter of the United Nations requires a decision of the General Assembly upon the recommendation of the Security Council for the recognition of statehood. With regard to energy sovereignty, at least de facto territorial sovereignty is an obvious precondition. Article 18 of the Energy Charter Treaty is based on the principle of state sovereignty and reaffirms that energy sovereignty must be exercised in accordance with and subject to the rules of international law.

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Peter Vajda, Varvara Aleksić and Tina Hunter

The sustainability of energy systems is one of the elements of the so-called energy trilemma, together with energy security and energy equity. The International Energy Charter signed in May 2015 makes particular reference to this by recognising the global challenge posed by the energy trilemma and calls for efforts by all countries to achieve sustainable development. Proper assessment of the environmental impacts of energy projects, an increased uptake in energy generated from renewable sources and increased energy efficiency throughout the entire supply and consumption system can lead to an increased uptake of the sustainability dimension in the energy trilemma. Article 19 is the cornerstone of the Energy Charter Treaty in this particular dimension.