Hadi Ghanbari bonab; Mohammad Mahdi Hajian; Abbas Kazemi najafabadi
Abstract
One of the most important issues in the field of exporting gas to the European union through the pipelines is understanding the market and the laws and regulations in the EU as well as the requirements of other countries in the face of these regulations. Analyzing the EU laws and then the laws and regulations ...
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One of the most important issues in the field of exporting gas to the European union through the pipelines is understanding the market and the laws and regulations in the EU as well as the requirements of other countries in the face of these regulations. Analyzing the EU laws and then the laws and regulations in Iran regarding the gas export and legal requirements for entering to the EU gas market are the main aims of this article.The results show that the EU Third Gas Directive 2009 forms the basis of the legal and contractual issues of the EU gas market which provide various legal guidelines, including ownership separation, third party access to the gas storage facilities, and Regulatory Bodies. Iran gas export laws are listed in the upper hand documents including General Policies of Iran in Energy sector, Iran Vision (2025), General Policies of the resistance economy and sixth five-year plan for Economics, Social and Cultural Development. Laws on Third Gas Directive regarding third Party Access to the Network, Tariff Regulation, Ownership and Transparency Completely applies on existing and future gas pipelines to EU Borders including Territorial Waters and Exclusive Economic zone between EU and third Countries including Iran.
Abbas Kazemi Najafabadi
Abstract
The determination of time and place of transfer of ownership is one of the most challenging issues in international oil contracts. In oil contracts, on the one hand, the host State usually chooses its own national law as the applicable law, but on the other hand, foreign companies are usually affected ...
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The determination of time and place of transfer of ownership is one of the most challenging issues in international oil contracts. In oil contracts, on the one hand, the host State usually chooses its own national law as the applicable law, but on the other hand, foreign companies are usually affected by Common Law due to history of oil contracts. In Common Law, the transfer of ownership depends on mutual agreement, but in Iranian law, the transfer of ownership depends on legislation and it may be different based on type of contract. Most oil-rich countries consider Common Law solution based on consensus, however, in Iranian legal system, there is a need for a statute which does not currently exist as a result of repealing the previous petroleum Act. Therefore, it should be noted that in the current legal state, the determination of time and place of transfer of ownership in oil contracts, particularly in production sharing and concession contracts, is void and ineffective.
