جستجوی مقالات مرتبط با کلیدواژه "oil contracts" در نشریات گروه "علوم انسانی"

In oil contracts, the question is always, how can renegotiation restore the lost economic balance of these contracts? With this title, the special feature of oil contracts is their long term, and in this way, there is always the possibility of fundamental changes in the contractual conditions and the basic structure of the parties' agreement. Therefore, the assumption of the existence of a reliable mechanism that can manage this situation in an optimal way will become more important. Of course, the prediction of the renegotiation condition in the economic balance of unbalanced contracts will be different in the assumption that these contracts contain a stabilization condition or not. In the first assumption, the parties are bound to return to the negotiation table in good faith and discuss a new agreement, but in the second assumption, the situation will sometimes be complicated and it is not easy to talk about reaching a constructive agreement. In this research, which was compiled using a descriptive and analytical method, the result of renegotiation in restoring the economic balance of oil contracts will be discussed. The findings show that in the assumption that the parties succeed in renegotiation, the contract without balance will be restored to its previous state and it is as if the stability of the contract was not disturbed from the beginning; But in the second assumption, according to the contractual conditions, various situations may arise that can ultimately lead to the termination of the contract, the continuation of the contract

Oil and gas resources are essential for global economic development, particularly for countries like Iran, where they serve both domestic energy needs and as a significant source of government revenue. However, the extraction and utilization of these resources often lead to environmental degradation, including air, water, and soil pollution, as well as harm to marine ecosystems.To address these environmental concerns, international efforts have focused on promoting sustainable development, which balances economic growth with environmental protection. Oil-rich countries have recognized the need for stricter environmental regulations and practices to mitigate the negative impacts of their industries. However, the effective.

Oil and gas, as primary sources of global energy, play a crucial role in economic development. In countries like Iran, these resources not only meet domestic energy demands but also serve as a major source of government revenue. However, oil and gas exploitation is often accompanied by environmental degradation, including air, water, and soil pollution, as well as harm to marine biodiversity and seabeds. Internationally, this issue has gained increasing attention, prompting governments and international organizations to adopt stricter environmental regulations over time. This shift has introduced the concept of "sustainable development," which emphasizes balancing economic growth with environmental protection. Oil-rich countries have recognized the need to establish regulations supporting environmental protection. Yet, challenges remain in enforcing these regulations and ensuring oil companies adhere to environmental principles, making this topic ripe for in-depth analysis.

 This study examines and analyzes environmental regulations and contractual frameworks in the oil and gas industries of Australia, Tanzania, China, and the Kurdistan Region of Iraq. These countries were selected due to their geographical, political, and economic differences, offering diverse approaches and experiences. The research method is qualitative, involving the analysis of environmental regulations, oil contracts, and case studies from each of the selected countries. It also investigates the practical approaches of the oil industry in these regions to identify potential models.

Sampling Procedures:

for adoption by other countries, particularly Iran The study selected Australia, Tanzania, China, and the Kurdistan Region of Iraq as case studies due to their diverse geographic, political, and economic contexts. Data was collected through a qualitative analysis of environmental regulations, oil contracts, and industry practices in each country.

Research Question:

How can the experiences of oil-rich countries in formulating environmental regulations and effective contractual practices be used to protect the environment and promote sustainable development in the oil and gas industry?

Hypothesis:

Although oil-rich countries may initially adopt lenient environmental regulations due to the economic significance of hydrocarbon resources, they tend to enforce stricter and more binding regulations as awareness of environmental consequences grows. Sustainable development in the oil and gas industry is achievable only through precise contractual and legal commitments, comprehensive environmental assessments before operations, and effective planning for environmental restoration after the end of oil activities.

Environmental Commitments in Oil Contracts: One of the main findings highlights the importance of precise environmental commitments in oil contracts. These contracts should require international oil companies to conduct thorough and effective environmental assessments before commencing operations, identifying both short-term and long-term environmental impacts.Environmental Restoration Post-Operations: In the studied countries, contracts and regulations emphasize restoring oil fields post-operations to their original state. This mitigates environmental damage and prepares these areas for future activities, indicating that environmental responsibility does not end with oil operations.Leading Practices in Environmental Protection: The experiences of Australia, Tanzania, China, and the Kurdistan Region of Iraq reveal gradual moves towards transparent regulatory mechanisms for controlling environmental impacts in the oil and gas industry. These mechanisms include new laws, revisions of existing regulations, and increased oversight of environmental commitments. Additionally, these countries require international companies to adopt advanced technologies and adhere to global standards…Importance of International Cooperation: Achieving sustainable development goals in the oil and gas industry relies on international cooperation among oil-rich countries, especially in sharing experiences and technical knowledge. Such collaboration can improve the quality of environmental assessments, enhance monitoring, and reduce negative environmental impacts. Use of Advanced Technology and Knowledge Experiences from these countries highlight the importance of modern technologies and technical knowledge in pollution control and environmental restoration. Key technologies include new drilling methods, cleaner refining equipment, and advanced environmentalmonitoring systems.

This study demonstrates that achieving sustainable development in the oil and gas industry requires collaboration among governments, international companies, and the global community. Enacting precise laws, drafting clear and binding contracts, and learning from the experiences of leading countries can help oil-rich countries reduce environmental damage and move towards sustainable development. Emphasis on the rights of future generations to a healthy environment is both an ethical and legal obligation for governments and companies in this sector. Drawing from the experiences of the studied countries, this research offers recommendations for enhancing regulations and oil contracts in Iran and similar countries, aiming to promote sustainable development by prioritizing environmental preservation. These findings serve as guidance for policymakers and decision-makers in balancing economic interests with environmental protection.

This research, while evaluating the issue of unregulated production of oil resources, answers the question of how to achieve conservative production as observing all technical and legal aspects, including reservoir management, increasing the recovery factor, providing the basis and possibility of using "advanced technologies", and "setting correct contracts" by complying with the policies and contractual requirements. Conservative production is different depending on the political and economic conditions of each country, and its realization will lead to the provision of resources and national interests of the society and the future generation. In this research, all technical, economic, legal and environmental requirements, dimensions and the determination of the necessary contractual conditions that have a significant effect on securing and guaranteeing national interests have been evaluated.

The performance of a petroleum contract is conditioned by the favourable national and international legal, political and market environment. The mechanisms of stability in the forms of legal, contractual and economy for confronting are risks of political, financial and commercial in oil contracts. Looking at the development of stabilization practice over the last decades, stabilization clauses may be classified as classic or modern. Economic equilibrium or rebalancing clauses are perhaps the most familiar modern stabilization mechanisms. In this regard, the main question is “ in the circumstances and conditions that have changed during the implementation of the oil contract, how can the modern stability mechanism and conditions continue the interests of the parties in a fair and conventional way?” With the assumption that their aim is to maintain the same financial situation (economic balance) stipulated in the contract by supporting investment at the date of signing the contract. Thus, the traditional notion of stability of contract which is firmly rooted in the concept of sanctity of contract has largely given way to flexibility in approaching the desired stability in the contract. In this paper, this issue has been investigated with descriptive-library research method. Its achievement “that stabilization mechanisms enhance a government’s ability to attract companies, such provisions are supported by economic logic and imperative, promoting the coordination of interests between the oil companies and host governments. Stability provisions facilitate oil company efficiency and performance, which is typically in the best interests of the government and the balance of interests in the field of oil contracts.”

Examining and comparing the methods of paying the price of new and emerging oil contracts with the special jurisprudence of Imam Khomeini.

 This research was of a theoretical type، the research method is descriptive and analytical، and the method of collecting information is in forms، and it was done by referring to the library، books and articles.

 In all stages of writing the present research، while respecting the originality of the texts، honesty and trustworthiness have been observed.

Ethical Considerations:

 The methods of payment in the oil refining industry are based on the type of multiple contracts، which are named according to the same method of payment of the mentioned contract، such as buy-back-swap-BOT-joint venture، service-only contracts and oil predecessors. From the point of view of jurisprudence، the mentioned methods are defensible. The legal conditions of all types of jurisprudential contracts، such as lease، lease، mudarabah sales، partnership agreement، istissa and promissory note have the ability to be defended.

extracting oil from the depths of the earth and spending exorbitant costs، and of course، jurists' familiarity with this new industry does not even reach a century، according to jurisprudential evidence، the validity of these oil contracts and emerging contracts in the oil industry can be confirmed in the framework of indefinite contracts regarding the diseases of jurisprudence in general، especially from Imam Khomeini's point of view. can be prescribed.

The completion of the terms of offer and acceptance is a crucial aspect of any contract, and any violation of this covenant is considered a breach. However, if there is a legal reason for such disobedience, it may be deemed valid, such as a later agreement between the parties or having a legitimate reason. The need for time to change the provisions of offer and acceptance is a common issue in long-term contracts, and it is a requirement of such agreements. Time inconsistency, which refers to the breaking of the covenant over time, is a phenomenon that is often encountered in long-term contracts, particularly in the oil industry. Its legal effect may result in the termination, adjustment, or variation of the contract. The variation of the contract, which may involve changes in the volume, method, and time of the work subject to the contractor's commitment, can be followed with the agreement of both parties or the unilateral will of either party. However, the legitimacy of such changes under Iranian law may be questioned, and it may be considered an additional or unknown condition. Furthermore, the unilateral authority of the employer in the new order during execution may be objected to due to the risk it poses to the contractor. Therefore, it is necessary to analyze the impact of such changes on the price, duration, and third parties, particularly guarantors and insurers. The Iranian legislator should pass new regulations to address the legal ambiguities surrounding contract variation, particularly in state contracts. While there is no doubt about the legitimacy of such variation, the existence of various ambiguities necessitates further examination.

The present article seeks to "examine the place of IPC contracts in the general policies of the resistance economy, the oil law, and the development program laws." From this perspective, after expanding the conceptual space of the issue, it will examine the position of oil contracts, especially IPC. According to the thematic documents presented in this research, the research method is descriptive-analytical and the data collection method in this research is a library. The case of investment in the oil industry has changed so that the law of the Third Development Plan and the law of encouragement and protection of foreign investors and the law of the fourth development plan explicitly allow the use of the method of participation in the oil industry in the form of IPC contracts. Second, special laws, such as the Oil Law of 1336, recognized the production sharing agreement, and the NOC had broad powers in the field of oil operations. This law allowed the conclusion of any contract, but according to other laws, the model of participation in production as an agency was considered by the legislator.

In oil and petroleum contracts, unexpected events causes drastic changes in the original terms and conditions of contracts and balance of interest of parties will be adversely affected and interrupted. Various conditions need to be foreseen for these clauses such as forecasting contractual mechanisms for renegotiation, revisit and adaptation of economic equilibrium which accordingly would substitute the preliminary agreement with new conditions in such contracts so that the interests of the parties continue to be balanced. Undoubtedly, one of the most important developments in the field of petroleum contracts is the modern approach to contract terms for the continuation of the contract through a compromise between the interests and legitimate expectations of the parties under the terms of the modification of the contractual obligations of those actors changed in the circumstances. Thus, what is the mechanism of contractual equilibrium in oil contracts? This is a question that this article seeks to answer by examining and analyzing the terms of the contract and its achievement is ‘‘The mechanism of contractual conditions for balance is a new approach to coexistence and a combination of renegotiation conditions and stability conditions to increase contract the versatility and reduce the hardness of the contract to create a balance of benefits and increase the efficiency and performance of the oil contract’’

Reward is one of the legitimate contracts in the school of Islamic Jurisprudential that can be used as a basis for contracts in today's process. An analysis of the truth of Reward and its judgements suggests that new contracts in the field of services and supervising the actions and work of individuals, which are called anonymous contracts, can be interpreted as contracts of Reward. In this regard, the generalization of the judgement of Reward on emerging contracts is based on the characteristics that have been proposed by the jurists for Reward, and we can briefly mention some of them: Non-conditionality of knowledge to action and exchange, non-conditionality of determining the agent, non-contradiction of Reward with negation of negligence and also belonging of Reward to action and omission, possibility of coming together term and action, possibility of belonging of Reward to any kind of action and benefit, including commercial, industrial and service, etc. In this paper, among the new contracts in progress, four contracts were addressed that have received less attention in other researches, which are network marketing, oil contracts, CODE-SHARING and medical contracts. The result of the adaptations indicted that contracts can be concluded in the form of Reward contracts.

Production sharing agreements are one of the most important upstream contracts in the international oil and gas industry. This deal has always been a good substitute for the country's international oil contracts by critics of the industry. Now, in order to explain the status and suitability of this contract with the upstream documents of the country and to analyze its principles from the perspective of religious principles, this article will analyze the nature and most important legal aspects of this agreement. So achieve this goal, we first analyze the legal nature of the this agreement and then briefly review the most important legal features of the country's upstream oil and gas cooperative contracts, and finally review the laws to assess the applicability of these contracts to the upstream oil and gas sector.

Oil represents a big share in Iran’s economy; thus, it is a sensitive issue for the public in Iran, and oil disputes are a public concern and provoke political debate in Iran. This article analyses the importance of arbitration as an oil dispute resolution mechanism, then, it studies the possibility of taking cases to it under international and Iranian law. To this aim, it employs a comparative legal approach to highlight factors in arbitration’s popularity among other Alternative Dispute Resolution mechanisms. Then, the legitimacy of taking cases to arbitration is investigated from domestic and international law perspectives. Finally, implications of the Iranian law on the performance of the National Iranian Oil Company in the arbitration proceedings are discussed and a recommendation to alter conditions of going to arbitration is presented for lawmakers.

development of the oil industry requires the development of technology, and one of the contractual benefits in the upstream part of the oil industry is related to this. Realization and strengthening of technological learning in this industry can be considered as one of the most important dimensions of development in it. question of the present study is, first of all, what are the factors affecting technological learning in the upstream part of the oil industry? And second, which of the two upstream Buyback contract and IPC frameworks has the greatest capacity to deliver technological learning? Therefore, after conducting documentary and library studies, initial statistics of the factors affecting technological learning were performed and in the next stage, in order to complete and validate the identified factors, specialized interview tools with experts were used and the final factors were presented. In the next step, different related clauses were identified in both reciprocal sale contract buyback and IPC. After forming the matrix of clauses and factors, the coverage of each factor in different clauses of both frameworks was analyzed. results show that none of the contractual frameworks has the capacity to fully cover the technological learning factors, although the contractual IPC framework in this field is in a better position than cross-selling. Technology development is more than the capacity of these contracts.

between the interests and legitimate expectations of the parties under the terms In oil and petroleum contracts, unexpected events causes drastic changes in the original terms and conditions of contracts and balance of interest of parties will be adversely affected and interrupted. Various conditions need to be foreseen for these clauses such as forecasting contractual mechanisms for renegotiation, revisit and adaptation of economic equilibrium which accordingly would substitute the preliminary agreement with new conditions in such contracts so that the interests of the parties continue to be balanced. Undoubtedly, one of the most important developments in the field of petroleum contracts is the modern approach to contract terms for the continuation of the contract through a compromise of the modification of the contractual obligations of those actors changed in the circumstances. Thus, what is the mechanism of contractual equilibrium in oil contracts? This is a question that this article seeks to answer by examining and analyzing the terms of the contract and its achievement is ‘‘The mechanism of contractual conditions for balance is a new approach to coexistence and a combination of renegotiation conditions and stability conditions to increase contract the versatility and reduce the hardness of the contract to create a balance of benefits and increase the efficiency and performance of the oil contract’’.

Judicial modification of oil contracting contracts during sanctions is among legal-economic concepts which is the result of recent sanctions based on suggested legal-economic concepts to modify contracts in conditions of sanctions. It seems that the reduction in oil value is an appropriate criterion. But juridical modifications of contracts in the Iranian legal system is not accepted except for special exceptional cases. The reduction of oil value, considering its nature, can be guaranteed and amended. But the significant point is to keep its former nature before analyzing its juridical modification. Thus, in Some cases, the modification of contracts is not justifiable. Nothing the absence of a comprehensive system of administrative contracts in Iran’s legislative system and non-specification of the sources for the formation of modifications in contracts, the subject of Modification oil juridical contracts during sanctions, is a controversial topic whose aspects will be discussed in this paper.

Oil is of great importance in many industries and is regarded as the main source of energy around the world. It accounts for 32 percent of energy supply in Europe and Asia and over 53 percent in the Middle East. The industry's highest volume of products include fuel oil and diesel. Oil is used as a raw material in manufacturing many chemical products such as medicines, solvents, fertilizers, pesticides, and so on. Given the position of the petrochemical industry in modern world, its adverse effects on human life and environment should not be neglected. Thus, new solutions for reducing these damages should be considered. Nowadays, refineries release millions of pounds of pollutants, including volatile organic compounds, So2, suspended particles of H2S, and HAPs into the air, posing a serious threat to human health and the environment notably in industrial societies. These pollutants dramatically affect various parts of the ecosystem, environment and organisms. Therefore, this study aims to investigate the clauses on environmental protection in oil contracts of different countries.

The oil and gas industry needs distinct tools for financing and implementation because of its high capital-intensity and the need for new technologies in various sciences. Upstream contracts in oil and gas are the most important means of attracting investors and contractors in the industry. After introducing concession arrangements, due to its religious and legal impediments, some countries switched to service contracts, and Iran, as an Islamic country, invented and introduced a buy-back contract. At the same time, some other countries, such as Indonesia, have introduced partnership contracts for production. An examination of the oil industry's experience has shown that the efficiency of production partnership contracts has generally been higher than that of service contracts to motivate the contractor, generate higher profits for the host country, and obtain general conditions for companies. In this study, with the aim of reviewing partnership contracts for oil and gas production according to Imamieh jurisprudence, this contract has been analyzed with six important rules of jurisprudence in the contracts, including La Darar rule, Nafye Gharar rule, Ghorur rule, Nafye Sabil rule, Prohibition of Akl al Mal Bil Batil, and Tanjiz rule. The results of this study have shown that the production sharing contracts are not in conflict with the principles of Imamiyyah jurisprudence and there is no jurisprudence in the principle of contracts of production participation.

Main goal of this article is to study the concept of State Participation in Oil and Gas Projects. We tried to define the Concept, characteristics, reasoning and challenges around the phenomenon. State Participation as a way of cooperation between Host State(HS) and International Oil Companies(IOC), may be used as main contract or as a Term of Main Contract. Government reasoning for State Participation mainly focuses on taking Control and managerial tasks by the Government, achieve experience and expertise in operations and enhance in government take. Conflict of interest, problems in financing government’s share of Costs and political interference in operations are main challenges of State Participation. Meanwhile, State Participation has some benefits: helps IOC and HS to improve their relations and mutual understanding, National Oil Companies (NOC) can take risk and responsibility for operations, NOCs can achieve experience and expertise in the field also, managerial knowledge of IOCs will be transferred to the NOCs.

for more than a century , the " oil contracts " of the strategic point and intersection of interests of the countries of the world and the fate of global peace will make the regional or local region . a group has ownership of these resources , collective capital and knowledge of exploration and … and a large part of countries consume oil . the demand for more profits by the investors and some consumers makes it impossible to share fair profit in oil contracts . one of the main reasons for iran 's sanctions is the collapse of iraq , libya , yemen , venezuela and so on . unfortunately for this reason and numerous reasons other powerful institutions of monitoring and control in the field of oil has not been done so that the rulers can guarantee their durability by concluding unilateral contracts . the purpose of this study was to investigate the effect of control - control on oil contracts from points to ipc . in order to answer this question , the type of data collection " library and internet search " has been analyzed and the result is achieved : because of the coiling of countries with " " technical knowledge and capital " " and " " consumers " " of oil resources , from the perspective of " normative " , " structural " and " behavioral " , the countries of countries with resources to protect the territorial integrity and protect the country from becoming a country are not specific to iran.