|
Internationalization of oil contracts and the challenges ahead
|
Ali Rostamifar *   |
|
|
|
Abstract: (14 Views) |
In oil contracts, the government, in other words, the National Oil Company, all of whose shares belong to the government, enters into a contract with a foreign legal entity for the exploration, production, exploitation, and sale of oil, In this contract, the nature of the government or subsidiary unit is faced with fragmentation and conflicting approaches. The first ambiguity is around the nature of the contract. The question is whether the contract is subject to public law or private and international law? The term government contracts, even if it overlaps with international contracts, is significantly different from this category of contracts; government contracts are distinguished by the unequal legal positions of the parties and their capabilities, In oil contracts, we are faced with a party whose nature is determined by private law. On the other hand, most of the investments in this field are made by foreign multinational companies. The ambiguities are such that the nature of the contracts and the inclusion of private, public and international rules on this category of contracts have been faced with a plurality of opinions. This article seeks to answer the above question using a descriptive analytical method.
|
|
| Keywords: Oil contracts, internationalization, investment, public law |
|
|
|
|
Type of Study: Research |
Subject:
Special
|
|
|
|
|
|
|
| Add your comments about this article |
|
|
|
