Mining Oil and Gas Law: The Geopolitical Vicissitudes of the Extractive Industries
Abstract
The oil and gas industry has been critically acclaimed as one of the most prominent and lucrative business sectors of the 21st century. From a perspicacious viewpoint, the oil and gas sector is lauded for generating revenue, engendering foreign direct investment, and stimulating innovation via state-of-the-art technology. This paper draws emphasis on the fact that resource extraction must comply with the concept of sustainable development through mitigating efforts. Collectively, most of the pungent criticisms that deprecate the prospects of oil and gas mining are commonly reduced to human rights violations and environmental dilapidations. The inauspicious domino effect of the oil and gas industry not only transcends but presents a more alarming challenge as opposed to the immediate human rights and environmental impacts. Geopolitical tensions fueled by national interests have occasioned numerous forms of conflicts at the international level. In what has been termed “the resource-curse,” countries rich in natural resources such as oil and gas are customarily prone to political and economic volatility. The “Dutch-disease,” on the other hand represents a corroboration of the stagnation of other economic sectors as a result of neglect due to overreliance and dependence on oil and gas. The paper further asserts that, at this juncture, international law and relations have been severely predisposed by the oil and gas industry through foreign policy. As a foreign policy tool, oil and gas mining prescribes international alliances and the national interests of key stakeholders. In turn, foreign policy decisions related to oil and gas mining, have led to copious disputes and economic sanctions with geopolitical implications and motivations. This paper posits that in addition to human rights and environmental concerns, there are intrinsic challenges such as the resources-curse and Dutch-disease that form an integral part of the deleterious reputation tainting the oil and gas industry. While acknowledging the benefits, this paper accentuates that the extreme risk and reward aspect necessitates a comprehensive understanding of the multifaceted challenges inherent in the legal framework regulating the oil and gas mining industry
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References
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“Searching for underground or underwater crude oil and natural gas fields by drilling and operating the wells that recover and bring the crude oil and raw natural gas to the surface. Upstream exploration and production can occur onshore or offshore. Shales gas oil exploration are nowadays very active part of this sector.” Petroleum Oil and Gas Downstream, Application Note. Page 1. Available at: https://prodetec.com.au/wp- content/uploads/2020/08/pog_downstream_application_note_a4_en_gf30046e- en_application_note_pog_downstream_finala4-98282.pdf
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The refining of crude oil and the processing and purifying of raw natural gas that produces petroleum products such as gasoline, diesel fuel, base for asphalt, heating oil, kerosene, and liquified petroleum gas (LPG). Often integrated in the downstream market are petrochemical plants that utilize the petroleum and gas products to produce Ethylene, Propylene, Benzene, Butadiene, and other by products used by multiple types of industries.” Ibid.
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Ibid at. 1-2
Ali Asghar Sadeghi Mojard, Vahid Atashbari, & Adrian Tantau “Challenges for Sustainable Development Strategies in Oil and Gas,” DE GRUTYER Open, page 629. Available at: https://intapi.sciendo.com/pdf/10.2478/picbe-2018-0056
“Held in Rio de Janeiro, Brazil, from 3-14 June 1992. This global conference, held on the occasion of the 20th anniversary of the first Human Environment Conference in Stockholm, Sweden, in 1972, brought together political leaders, diplomats, scientists, representatives of the media and non-governmental organizations (NGOs) from 179 countries for a massive effort to focus on the impact of human socio-economic activities on the environment.” Available at: https://www.un.org/en/conferences/environment/rio1992
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Agenda 21 is a comprehensive plan of action to be taken globally, nationally and locally by organizations of the United Nations System, Governments, and Major Groups in every area in which human impacts on the environment.
Agenda 21, the Rio Declaration on Environment and Development, and the Statement of principles for the Sustainable Management of Forests were adopted by more than 178 Governments at the United Nations Conference on Environment and Development (UNCED) held in Rio de Janerio, Brazil, 3 to 14 June 1992. Available at: https://www.un.org/esa/dsd/agenda21/
United Nations Sustainable Development, UNCED, Rio de Janerio, Brazil, 3 to 14 June 1992, AGENDA 21. Available at: https://sustainabledevelopment.un.org/content/documents/Agenda21.pdf?_gl=1*x5lnuk*_ga*MTQxMjIzNzkyMC4xNzE5OTE1NTEy*_ga_TK9BQL5X7Z*MTcyMzAzMTQ0Ni4zLjAuMTcyMzAzMTQ0Ni4wLjAuMA..
“'Geopolitics' means the struggle between rival powers for control over territory or natural resources like oil and gas, minerals, food products, water, etc., vital geographic features, such as strategic harbors and military base locations, rivers and canals, trade routes, etc, and other sources of economic and military advantage. The term ‘Geopolitics’ was coined in 1899 by the Swedish political scientist Rudolf Kjelln and then geopolitics emerged as a systematic area of study. Capitalism created a world market going across boundaries, but at the same time it is based on ruthless competition between rival countries. This struggle to achieve market shares has always been dominated by successive superpowers.” Anshuman Gupta & Surbhi Arora “Control Oil – Rule the World,” page 4.
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Ibid.
Ibid. at page 4.
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Ibid.
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Ibid.
“Are societies with abundant resources cursed? The “paradox of plenty” refers to the observation that many societies with abundant natural resources have worse economic outcomes than those that lack natural resources. Typically, this paradox is attributed to abundant resources crowding out activities that improve economic outcomes.” Andreas Leibbrandt & John Lynham “Does the Paradox of Plenty Exist” experimental Evidence on the Curse of Resource Abundance,” Monash Business School, Department of Economics, ISSN 1441-5429, Discussion Paper 03/17, page 2. Available at: https://www.monash.edu/business/economics/research/publications/publications2/0317paradoxleibbrandtlynham.pdf
“The Resource Curse: The political and Economic challenges of Natural Resource Wealth,” NRGI Reader, March 2015, page 1. Available at: https://resourcegovernance.org/sites/default/files/nrgi_Resource-Curse.pdf
Ibid. page 1-3.
“Political scientists point to examples of the Democratic Republic of the Congo, the Niger Delta, Iraq, Libya and Angola to illustrate this tendency. Petro-aggression, the tendency of oil-rich states to instigate or be targets of international conflict, has been observed in some cases, such as with Iraq’s invasion of Iran and Kuwait, but researchers debate whether the data supports the conclusion that resource-rich countries do this at a greater rate than non-resource-rich countries.” Ibid.at page 2.
Ibid. page 5.
Cite as: 569 U. S. ____ (2013) SUPREME COURT OF THE UNITED STATES No. 10–1491. Available at: https://supreme.justia.com/cases/federal/us/569/10-1491/case.pdf
Ibid. page 2.
Ibid.
“In the late 1950s the appreciation of the Dutch currency (guilder), which followed the gas export boom, caused inflation which in turn, brought about reductions in competitiveness and profitability of the manufacturing service sector…. The Dutch exports crashed down relative to GDP during the 1960s onwards, the Dutch exports of non-gas industries have increased sensibly. The fear of de-industrialization linked to the Dutch disease did not materialize in the Netherlands.” International Competitiveness of the Russian Federation, page 1. Available at: http://www.ecostat.unical.it/Algieri/Didattica/Economia%20Internazionale/materiale%20x%20internazionale/THE%20DUTCH%20DISEASEa.pdf
Ibid.
Ibid.
NRGI supra note 95
Kareem Ismail “The structural Manifestation of the “Dutch Disease: The case of Oil Exporting Countries,” IMF Working Paper, Strategy, Policy, and Review Department (2010), page 4. Available at: https://www.imf.org/external/pubs/ft/wp/2010/wp10103.pdf
Ibid.
Ibid.
Titus Utibe Monday & Muhammed Salihu “Crude Oil and the Politics of Nigerian Foreign Policy Issues and Explanation,” Research on Humanities and Social Sciences, Vol. 7, No. 7. 2017, page 38. Available at: https://core.ac.uk/download/pdf/234675931.pdf
Sait Sonmez & Sedat Cobanoglu “The Use of Energy resources as Foreign Policy Tools: The Russian Case,” European Scientific Journal April 2016, edition Vol. 12, page 81. Available at: https://core.ac.uk/download/pdf/236410673.pdf
“Modern concepts of national security arose in the 17th century during the Thirty Years War in Europe and the Civil War in England. In 1648, the Peace of Westphalia established the idea that the nation state had sovereign control not only of domestic affairs such as religion, but also of external security. The idea of the nation-state is commonplace today, yet it would be wrong to assume that it is the only way to look at international security. The pre Westphalia international system was based on the assumption that there existed a universal principle governing the affairs of states led by emperors, popes, kings, and princes. That was indeed the principle of the Holy Roman Empire. The new idea of the nation state took a different approach. Peace and stability could be better served if people were not slaughtering each other over some universal principle—in that case, religion. It would be far better to have an international system based on the equilibrium of nation states dedicated to the limited purposes of national sovereignty and self-defense.” See Kim R. Holmes “What is National Security,” The Heritage Foundation, 2015 Index of U.S. Military Strength, page 17. Available at: https://www.heritage.org/sites/default/files/2019- 10/2015_IndexOfUSMilitaryStrength_What%20Is%20National%20Security.pdf
Ibid at 23.
Jefrey P. Bialos “Oil Imports and National security: The Legal and Policy Framework for Ensuring Untied States Access to Strategic Resources,” Published by Penn Carey Law: Legal scholarship Repository, 2014, page 236. Available at: https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1591&context=jil
Keith Crane, Andreas Goldthau, Michael Toman, Thomas Light, Stuart E. Johnson Alireza Nader, Angel Rabas & Harun Dogo “Oil as a Foreign Policy Instrument,” Imported Oil and U.S. National Security, page 25. Available at: https://www.jstor.org/stable/pdf/10.7249/mg838uscc.11.pdf?refreqid=fastly- default%3A38d60875f948877fb99b4410f4744f34&ab_segments=&origin=&initiator=&acceptTC=1
“Foreign Policy and National Security Implications of Oil Dependence,” Committee on Foreign Affairs, House of Representatives, first session, March 22, 2007, Serial No.110-33, page 3. Available at: https://www.govinfo.gov/content/pkg/CHRG-110hhrg34241/pdf/CHRG-110hhrg34241.pdf
“A number of countries have embargoed the export of oil to countries with which they are at odds. South Africa faced an almost universal official embargo on oil, although it never had problems arranging oil imports through third parties. Most Arab states continue to embargo exports of oil to Israel. Consuming nations have embargoed oil imports: The United States, for example, refuses to purchase oil from Iran. These embargoes have been adopted to pressure foreign governments to change policies, such as apartheid in South Africa, or, in some instances, to precipitate a change in government. In this section, we review the successes and failures of oil embargoes to influence foreign policy decisions by consuming nations.” For more see: Keith Crane, Andreas Goldthau, Michael Toman, Thomas Light, Stuart E. Johnson Alireza Nader, Angel Rabas & Harun Dogo “Oil as a Foreign Policy Instrument,” Imported Oil and U.S. National Security, page 25. Available at: https://www.jstor.org/stable/pdf/10.7249/mg838uscc.11.pdf?refreqid=fastly-default%3A38d60875f948877fb99b4410f4744f34&ab_segments=&origin=&initiator=&acceptTC=1
See Kim R. Holmes “What is National Security,” The Heritage Foundation, 2015 Index of U.S. Military Strength, page 22. Available at: https://www.heritage.org/sites/default/files/2019-10/2015_IndexOfUSMilitaryStrength_What%20Is%20National%20Security.pdf
“These targeted sanctions included arms embargoes, financial sanctions on the assets of individuals and companies, travel restrictions on the leaders of a sanctioned state, and trade sanctions on particular goods.” For more see: Jon Gordon “Smart Sanctions Revisited,” Ethics and International Affairs, Vol. 25, No3, Fall (2011), page 315. Available at: https://www.cambridge.org/core/journals/ethics-and-international-affairs/article/smart-sanctions-revisited/14E85413C04EE483370E6A23CB7C7225
Ibid.
“Being the world’s most valuable commodities, oil and gas have greatly contributed to the wealth and power of governments and corporations that are endowed with these natural resources and that control their production and distribution. For this reason, the desire and ability to control oil and gas have played a significant role in geopolitics, wars and conflicts across the globe, and continue to do so today.” For more see: “The Future of Work in the Oil and Gas Industry,” International Labor Organization, Technical meeting on the future of work in the oil and gas industry (Geneva, 28 November – 2 December 2022), page 6. Available at: https://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---sector/documents/publication/wcms_859846.pdf
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