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Oil and Gas Law in Kazakhstan: v.20 : National and International Perspectives - Ilias Bantekas

Oil and Gas Law in Kazakhstan: v.20

National and International Perspectives

By: Ilias Bantekas (Editor), John Paterson (Editor), Maidan Suleimenov (Editor)

Hardcover

Published: 20th February 2004
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Central Asia has emerged as potentially the most important new hydrocarbon province in decades. Among the countries whose natural resources are now the focus of world attention, Kazakhstan is very much in the front rank. The scale and strategic importance of its reserves mean that it is set to become one of the key players in the global market. Realising that potential depends on many factors, not least its legal treatment of the oil and gas industry. The contributors to this volume consider the various dimensions of that legal treatment, including investment and contractual issues, dispute settlement, transport and refining, environmental issues, and taxation. The importance of the international context for Kazakhstans domestic law is a key feature of this book, as is a concern with identifying existing problems and suggesting the most fruitful direction for reform. The book will be of interest to practitioners and academics working in the specific field as well as in the more general area of legal relations between the oil and gas industry and transition economies. Ilias Bantekas is Reader in Law at the University of Westminster, London, UK. He has written widely in the field of international law and won the International Committee of the Red Cross Paul Reuter prize in 2000. Visiting Fellow at Harvard Law School (2003-04). John Paterson is Reader in Law at the University of Westminster, London, UK. He has written on the regulation of the oil and gas industry and acts as a consultant to the OECD Nuclear Energy Agency. Maidan Suleimenov is Professor of Law at the Kazakh State Academy of Law and Adilet Higher Law School, Almaty, Kazakhstan. He was directly involved in Kazakhstans accession to the Energy Charter Treaty and has also been responsible for legislative drafting in the field.

Contributorsp. v
Acknowledgementsp. vii
Table of Legislationp. ix
Table of Casesp. xxi
Table of Treatiesp. xxv
National and International Perspectives on Oil and Gas Law in Kazakhstan: Introductionp. 1
The International Contextp. 23
Context, Comparison and Social Capital: The Role of Law in the Fulfilment of Kazakhstan's Promisep. 25
Kazakh Oil and Gas Legislation and the Energy Charter Treatyp. 51
Delimitation and Legal Regime of the Caspian Sea under International Law: The Use of Equitable Principlesp. 63
Shared Oil and Gas Resources: Does the Rule of Capture Reflect International Law?p. 77
Some Problems in the Exercise of State Ownership Rights to the Subsurface in the Republic of Kazakhstanp. 89
Trade and Import Restrictions on Oil and Gas: A WTO and US Approachp. 93
The Legal Frameworkp. 113
Subsurface Use Legislation in Kazakhstan: Problems, Theory and Practicep. 115
Kazakh Legislation on Subsurface Use: Historical Background and Present Statusp. 123
Aspects of the Organisation and Corporate Status of Operators in the Kazakh Oil and Gas Sectorp. 133
Investment Issuesp. 137
Balancing State and Foreign Investor Interests: Regulation of the Oil Business in the CIS Statesp. 139
Regulation of Foreign Investment Activity in the Republic of Kazakhstanp. 153
Regulation of Investment Relations in the Oil and Gas Sectorp. 163
The 2003 Investment Law: Its Impact and Compatibility with International Foreign Investment Lawp. 171
Contractual Issuesp. 187
Improving the Law Relating to Production Sharing Contracts in Kazakhstanp. 189
The Legal Aspects of Production Sharing Agreementsp. 199
The Legal Nature of the Production Sharing Agreement: A Comparison with the Russian Federationp. 205
The Concession Agreementp. 211
Servitudes Attached to Subsurface Use in Kazakh Legislationp. 215
Dispute Settlementp. 223
International Oil and Gas Dispute Settlement and its Application to Kazakhstanp. 225
Recognition and Enforcement of Foreign Arbitral Awards in Kazakhstan: National Legislation versus the New York Convention 1958p. 249
Transportation and Refiningp. 279
International Framework for the Transit of Oil and Gas: The Caspian Sea Perspectivep. 281
Regulation of Oil and Gas Transportation by Pipelines in Kazakhstanp. 311
Regulation of Transportation and Processing of Oil and Petroleum Productsp. 337
Taxationp. 343
International Taxation, Taxation of Natural Resources and Taxation Issues in Kazakh Bilateral and Investment Treatiesp. 345
Cross-border Taxation of Corporate Investment Income Profits Arising from Kazakhstan's Oil and Gas Industryp. 401
Payment for Subsurface Use in the Republic of Kazakhstanp. 439
Environmental Issuesp. 449
Environmental Payments under the Subsurface Use Contract and Stability of the Investor's Position (Guaranteed Rights)p. 451
The Legal Basis of Strategies for Assigning Environmental Obligations between New and Former Users of Natural Resourcesp. 457
Caspian Catachreses: Environmental Transplanting and Integration in a Space of Flowsp. 469
Indexp. 497
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9789041122506
ISBN-10: 9041122508
Series: International Energy & Resources Law & Policy
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 505
Published: 20th February 2004
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 3.02
Weight (kg): 0.93