Back to the future? PSNR and state regulation of petroleum resources

Thesis

This thesis is an exploration of the evolution of State regulation of upstream oil and gas activities, whether this evolution reflects the emergence of a change in the content of the permanent sovereignty over natural resources doctrine as a rule of customary international law and what the implications of that would be for international law. The study of the evolution of State regulation is carried out through case studies of State practice of twenty-five countries in three specific areas that are: government take, nationalizations, and local development, with regard to hydrocarbon upstream activities.

These changes in regulation are looked at from the point of view of the justifications that States have given for them, either domestically or in international fora. These justifications are then assessed under rules of international law that could affect the scope of the primary norms or secondary rules of State responsibility. As regards the former concepts such as legitimate expectations, energy security, equity, and conflicts of rules are analysed. As to the latter, circumstances precluding wrongfulness including state of necessity and force majeure are the key elements.

These case studies are then analysed and compared in the light of these concepts. The conclusion of the thesis is that there is evidence that State practice in relation to upstream hydrocarbon activities has evolved to the extent that the concept of permanent sovereignty over natural resources has evolved to include concerns such as the protection of local communities, but continues to include the long-standing concern with regard to energy security.

Authors: Lavista, V

• DOI: 10.5287/ora-dqg8p1pzj
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: indigenous peoples; nationalisation; customary international law; hydrocarbons; state responsibility; petroleum; environmental protection; sustainable development; government take; regulation; Permanent Sovereignty over Natural Resources
• Subjects: Treaty Law; State Responsibility; Human Rights Law; International Law; International Arbitration; Environmental Law; Oil and Gas Law; Permanent Sovereignty over Natural Resources; Customary International Law; Indigenous Peoples