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Title: Back to the future? : PSNR and state regulation of petroleum resources
Author: Lavista, Veronica
ISNI:       0000 0004 7652 5225
Awarding Body: University of Oxford
Current Institution: University of Oxford
Date of Award: 2017
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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.
Supervisor: Redgwell, Catherine Sponsor: Oxford Faculty of Law Graduate Assistance Fund
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Human Rights Law ; International Arbitration ; State Responsibility ; Permanent Sovereignty over Natural Resources ; Environmental Law ; Customary International Law ; Indigenous Peoples ; Oil and Gas Law ; International Law ; Treaty Law