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Full-Text Articles in Law

Framework Of Surface And Ground Water In Oklahoma And Texas: Perspectives For Oil And Gas Development, Jessica Foster, Gabriel Eckstein Oct 2018

Framework Of Surface And Ground Water In Oklahoma And Texas: Perspectives For Oil And Gas Development, Jessica Foster, Gabriel Eckstein

Gabriel Eckstein

Chapter Extract:

Advancements in drilling techniques have broadened possibilities for producing hydrocarbons; but the innovations of unconventional drilling have exacerbated existing threats that the oil and gas industry have posed to water resources while creating new challenges. In today's industry, conventional methods of drilling for free-flowing crude oil are playing a secondary role to unconventional oil and gas production capable of bringing hydrocarbons trapped in tight or previously inaccessible geologic formations. Compared to conventional production, unconventional methods use much greater amounts of water in chemical-laden processes that can impact the availability and purity of freshwater resources in concentrated localities where …


The Fine Print Of The Mexican Energy Reform, Guillermo J. Garcia Sanchez Aug 2018

The Fine Print Of The Mexican Energy Reform, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

Five years ago, when Mexico transformed its energy sector, most commentators were worried about the government’s capacity to implement the reform. What would the upstream contracts look like? Would the auctions be transparent? How would international companies react? After two successful auction rounds, 107 signed contracts, and the creation of viable regulatory agencies to manage and monitor the reform agenda, the questions have changed. Today, Mexico’s capacity to implement energy reforms and attract foreign investment is no longer in doubt. Today, the most pressing questions about the reform concern its long-term sustainability. Can it survive the Mexican electoral cycles? Will …


A Model Statute For The Development Of Oil And Gas Interests Held Under Joint Ownership, Curtis Anderson Feb 2018

A Model Statute For The Development Of Oil And Gas Interests Held Under Joint Ownership, Curtis Anderson

Curtis Anderson

No abstract provided.


The 2012 Agreement On The Exploitation Of Transboundary Hydrocarbon Resources In The Gulf Of Mexico Confirmation Of The Rule Or Emergence Of A New Practice?, Guillermo J. Garcia Sanchez, Richard J. Mclaughlin Jan 2018

The 2012 Agreement On The Exploitation Of Transboundary Hydrocarbon Resources In The Gulf Of Mexico Confirmation Of The Rule Or Emergence Of A New Practice?, Guillermo J. Garcia Sanchez, Richard J. Mclaughlin

Guillermo J. Garcia Sanchez

This Article explores the international law applicable to the exploitation of hydrocarbon resources that straddle the boundaries between States (transboundary fields) and its applicability to the U.S. and Mexico maritime boundary in the Gulf of Mexico. After a detailed examination of the different sources of international law including treaties, customary norms, judicial decisions, and bilateral practice, the Article concludes that the United States and Mexico have deviated in some regards from the standard international legal practices that other States have adopted to exploit transboundary hydrocarbon resources. The two most notable deviations are in allowing either nation to unilaterally exploit the …


Energy Reform In Mexico: Lessons And Warnings From International Law, Guillermo J. Garcia Sanchez Jan 2018

Energy Reform In Mexico: Lessons And Warnings From International Law, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

The article analyzes some of the contents of the Mexican Energy Reform of 2013 and warns on the international legal implications that the path that Mexico has chosen to follow could bring to its economy and international relations. Concretely, it argues that in order to avoid falling into the same mistakes made by other Latin American countries in the region, Mexico must consider its obligations contained in international treaties signed with the United States on transboundary resources, and its obligations in bilateral investment treaties that protect foreign investors from certain government acts and policies.


The Hydrocarbon Industry’S Challenge To International Investment Law: A Critical Approach, Guillermo J. Garcia Sanchez Jan 2018

The Hydrocarbon Industry’S Challenge To International Investment Law: A Critical Approach, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

The research presented here challenges the contemporary view that the international investment regime has a “chilling effect” on host government policies. That critique errs in assuming that the effects of the modern bilateral investment treaties on decision-making within host governments have been uniform across states and economic sectors The main argument presented here is that in developing countries that depend on the oil and gas sectors, the international investment regime rarely deters host government rent-seeking behavior that can harm foreign investors.

In petro-dependent developing nations that have weak institutional capacity the survival of the government becomes tied to its ability …


One Oil And Gas Right To Rule Them All, Monika Ehrman Dec 2017

One Oil And Gas Right To Rule Them All, Monika Ehrman

Monika U. Ehrman

The proverbial “bundle of sticks” is an analogy familiar to real property scholars. The analogy compares property ownership to a bundle of sticks—that is, ownership composed of separate and individual property rights—where each “stick” represents a right or stream of benefits available to the property owner. Under the centuries-old common law ad coelum doctrine, real property contained all lands from the core of the earth to the sky. Although this “heaven-to-hell” doctrine is now limited, oil and gas still composes that part of subsurface real property, sometimes called the mineral estate. In oil and gas law, the mineral property bundle …


The Granting Clause In The Modern Oil And Gas Lease, Monika Ehrman Dec 2017

The Granting Clause In The Modern Oil And Gas Lease, Monika Ehrman

Monika U. Ehrman

Of all the contracts used in the oil and gas industry, none is as important as the oil and gas lease. It is the foundational instrument in oil and gas and a required prerequisite to development for those who do not own the mineral estate. Its uniqueness arises in that unlike most other oil and gas contracts, it is both a contract and a conveyance of property. Part I of this article begins with an overview of the mineral estate, the predecessor to an oil and gas lease. Part II examines theories of oil and gas rights ownership and oil …


English Justice For An American Company?, Christopher French Dec 2017

English Justice For An American Company?, Christopher French

Christopher C. French

This Essay addresses the Halliburton Co. v. Chubb Bermuda Insurance Ltd. case, which is pending before England's Supreme Court. The issue before the Court is whether it is appropriate for the "neutral" arbitrator, who has a history of serving as a party-appointed arbitrator for Chubb, to serve as the "neutral" arbitrator in the matter while simultaneously serving as a party-appointed arbitrator for Chubb in another related arbitration proceeding involving the same insurance policy form and the same underlying Deepwater Horizon incident. The lower courts declined to remove the arbitrator. The Essay also addresses the question of whether London arbitration proceedings …