A liberal democracy can survive for a while on institutional strength and widespread agreement. As long as most people are generally satisfied with how things are going (or have made peace with the status quo), it is easy to imagine that something like a social contract will keep things on track. Hamish MacAuley makes a persuasive case that many Canadians came of age politically between the collapse of the Berlin Wall and the 2008 financial crisis, when consensus was widespread and politics seemed optional, thus many chose to stay out. We abandoned democratic governing habits during prosperous times. Instead, we played politics. In response, McGill's Jacob T. Levy advocates for political action that rejects the status quo while also refusing to burn it all down or take our ball and go home. We should participate in politics, even if it is unsatisfying. When the foundations of our democratic structure or the rights of vulnerable people are jeopardized, it makes sense to delegate aut
Upstream contracts are hella complicated cuz they typically include big investments, high-tech stuff, mad risks, and other struggles. By flexing their specific contract vibes in the negotiations, the parties will spend mad time and hence more resources to come up with similar solutions, ya feel? So, like, these contracts can take forever to negotiate, like months or even years, you know? Thus, it's way more efficient for those parties to have discussions in industry associations, repped by their specialized pros, to flex on those contractual models, and to be all about those constant updates.
This standardization, according to Martin and Park (2010), "can save months of management time in each and every negotiation" cuz it only leaves a tiny part for the parties to negotiate and draft. Lit!
According to these authors, the "global petroleum industry is totally flexin' on expandin' the number of model contracts and leveling up the quality of the models that already exist." For Ost and Kerchove (2002), this contract standardization creates mad stability in contractual relations and networks of economic partnerships. The contracts negotiated between the HCs and the IOCs or NOCs to grant E&P rights, called in this thesis E&P contracts33, in the established form of concession, production sharing, service, and participation, will not be considered as transnational rules, but as part of the upstream sector regulatory system of each HC. Yo, like there's this whole thing where info gets passed around, rules get copied, and agencies try to make everything the same for these contracts, but Garcia (2015) says there's no worldwide template for E&P contracts. There's like no global org that's out here promoting these models, ya know? Martin and Park (2010) spill the tea that when it comes to this category, it's hella hard to standardize contracts because each HC does their own thing and makes a contract that's all about their needs, flexing their power over their natural resources. According to these authors, the AIPN tried to flex a worldwide model for the E&P contracts, but it got zero love from the parties involved. Instead, it dropped two studies34 on the lit clauses adopted by the HCs in these types of contracts.
Risk Allocation Models
Risk allocation models, also known as Industry Risk Liability Models, are like how companies split the blame when things go wrong in E&P operations. It's all about who's responsible for accidents, like when stuff happens to people, property, or the environment. They might be flexin' in the model contracts or in the HCs' rules. The risk allocation is all about making sure that if something bad happens, the companies in charge have enough resources to handle it and pay up (Zulhafiz, 2017). The 'knock-for-knock' and 'safety case system' are like the two risk allocation models that are, like, totally popular in the industry, you know? Cameron (2013) defines the 'knock-for-knock' or "mutual hold harmless (MHH) indemnities scheme as: The goal of flexing these standards is to make sure the lit operational techniques used by the industry, in the form of equipment or services, in the areas of safety, health, and environmental protection, are spreadin' like wildfire. Garcia (2012) like totally says that in 2010 the International Association of Oil and Gas Producers (OGP) had estimated the existence of around 600,000 industry practices. So lit, right? But like, only 5,180 standards developed by 131 orgs had references to the internal tech specs of seven of the biggest operators. This author also be like, "Yo, peep China as an example, which, even tho it don't talk 'bout Industry practices in its regulation, got like 1,800 standards made by the China Petroleum Standards Committee (CPSC) and China Petroleum Equipment Standards Committee (CPEC), some of 'em being the same as ISO or API standards or with lil' tweaks." There's also the flex of the Indian government, which in 2016 dropped a compilation of a 442-page GIPIP. This doc has like, all the lit practices that everyone's using worldwide. It's like a guide for companies in India and state agents who gotta enforce these practices, you know?37
Industry vibes
Duval et al. (2009) be like, industry practices35 be all about "them practices and procedures used in the petroleum industry worldwide by smart and careful operators in similar situations, considering things like conserving petroleum resources, staying safe, and protecting the environment." Garcia (2015) says they're like, behaviors or repetitive stuff done by peeps in the petroleum industry that are totally accepted and practiced, and legitimized by the members of this community. These repetitive behaviors would be the 'uses of the sector' as referred to in the arbitration regs36. This author like totally says that if you're unsure about recognizing these practices, you can like use model contracts, guidelines, or industry databases as the first source to like code them. In case of drama, both the state judge and the arbitrator can decide the must-do stuff, after getting an expert opinion. Yo, it's hella important to flex that this section only talks about contracts negotiated between the oil companies, or between them and service companies. This category has like so many lit types of standardized contracts drafted by industry associations, fam. Examples of these contracts are Joint Operating Agreements (JOA), lifting agreements, and unitization agreements, among other lit stuff.
Comments
Post a Comment