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Articles 31 - 43 of 43
Full-Text Articles in Oil, Gas, and Mineral Law
A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza
Dalhousie Law Journal
Forum selection, choice of law and arbitration clauses are of great significance in offshore contracts, where disputes may arise in locations far removed from the fora identified in those contracts. In this article, the author provides an examination of the enforceability of these clauses in the United States, together with an explanation of the operation of the doctrine of forum non conveniens in that country.
Foreword, Michael F. Harrington
Foreword, Michael F. Harrington
Dalhousie Law Journal
As the Chair of the Organizing Committee for the inaugural East Coast Seminar of the Canadian Petroleum Law Foundation, I am pleased to mark the publication of the papers presented at that Seminar in this special publication of the Dalhousie Law Journal.
Legal Framework In The Canadian Offshore, Van Penick
Legal Framework In The Canadian Offshore, Van Penick
Dalhousie Law Journal
In this article, the author examines the legal framework in effect in the Atlantic Canada offshore through a comparative analysis of the Western Canada onshore regime in five basic areas: property rights, oil and gas rights, the constitutional division of oil and gas authority, basic agreements and the application of laws. The major differences exposed by this analysis should aid east coast oil and gas practitioners in properly advising their clients.
Drainage Issues In The Atlantic Canada Offshore Petroleum Industry, Richard A. Neufeld, Robert G. Grant
Drainage Issues In The Atlantic Canada Offshore Petroleum Industry, Richard A. Neufeld, Robert G. Grant
Dalhousie Law Journal
In this article, the authors examine the issue of drainage in the Atlantic Canada offshore. The offshore statutory regimes for production of oil and gas, together with the common law, are analyzed for their approaches to dealing with drainage issues. In addition, the law of drainage in Alberta is comprehensively reviewed to provide some guidance as to how the law of drainage may develop in Atlantic Canada.
Oceans Act: Uncharted Seas For Offshore Development In Atlantic Canada?, Aldo Chircop, Bruce A. Marchand
Oceans Act: Uncharted Seas For Offshore Development In Atlantic Canada?, Aldo Chircop, Bruce A. Marchand
Dalhousie Law Journal
Canada's Oceans Act, now five years old, is a ground-breaking piece of legislation in marine law which provides a framework for the development of a national oceans strategy, integrated planning and management, and institutional responsibilities. In this article, the authors review the Act and its issues and argue that the uncertainties found there provide opportunities for participants in the Atlantic Canada offshore oil and gas industry to influence the development of an oceans policy, legal and institutional framework that accommodates all interests.
Regulatory Regime: Canada-Newfoundland/ Nova Scotia Offshore Petroleum Board Issues, Angus Taylor, Jim Dickey
Regulatory Regime: Canada-Newfoundland/ Nova Scotia Offshore Petroleum Board Issues, Angus Taylor, Jim Dickey
Dalhousie Law Journal
This article identifies and comments on some of the issues which may be of interest respecting petroleum operations in the Newfoundland and Nova Scotia offshore areas. An emphasis has been placed on identifying some of the issues from an operational context and from a regulator's perspective, with some legal analysis provided where appropriate.
Cooperative Environmental Assessments: Their Increasing Role In Oil And Gas Projects, Judith Hanebury
Cooperative Environmental Assessments: Their Increasing Role In Oil And Gas Projects, Judith Hanebury
Dalhousie Law Journal
As the subject matter of "environment" is not specifically assigned in the Constitution to only the federal government or the provinces, there has been an increasing trend toward cooperative environmental assessment processes to avoid jurisdictional friction points. This article describes the relevantjurisdictional friction points that have encouraged this trend and describes some issues and considerations that have arisen in relation to recent cooperative environmental assessments carried out for oil and gas projects.
Financial Responsibility Requirements For Oil And Gas Activities Offshore Nova Scotia And Newfoundland, Boris Bde Jonge
Financial Responsibility Requirements For Oil And Gas Activities Offshore Nova Scotia And Newfoundland, Boris Bde Jonge
Dalhousie Law Journal
This article outlines the regime of statutory liability and financial responsibility requirements for the Nova Scotia and Newfoundland offshore areas with a particular emphasis on the content and validityof the Nova Scotia and Newfoundland Boards' jointly issued Guidelines for Financial Responsibility.
Securing Assets Of Oil And Gas Projects Offshore Nova Scotia, Robert W. Carmichael
Securing Assets Of Oil And Gas Projects Offshore Nova Scotia, Robert W. Carmichael
Dalhousie Law Journal
Offshore oil and gas projects sometimes require financing, and project financing usually requires the taking of security in project assets. In this article, the author examines the legislative framework comprised of the traditional provincial and federal security legislation and the specialized Nova Scotia Accord Acts to determine that there is presently no effective regime in place for taking security in many types of assets of offshore oil and gas projects.
Offshore Oil And Gas Facility Decommissioning In Nova Scotia And Newfoundland, Phillip Abraham
Offshore Oil And Gas Facility Decommissioning In Nova Scotia And Newfoundland, Phillip Abraham
Dalhousie Law Journal
While planning for the ultimate decommissioning of Atlantic Canada offshore oil and gas facilities is a necessary requirement of project approval, this issue has not yet graduated to the level of attention it receives in other parts of the world with more mature offshore petroleum industries. In this article, the author reviews some decommissioning methods and examines the international and domestic law applicable to the decommissioning of oil and gas facilities on the continental shelf offshore Atlantic Canada.
Atlantic Canada: The Constitutional Offshore Regime, John Mcevoy
Atlantic Canada: The Constitutional Offshore Regime, John Mcevoy
Dalhousie Law Journal
While it is a truism that people shape resources, it is equally true that resources shape people. This is so not only in terms of the individual but also of his society. Resources are the foundation of economic development - upon them turn such diverse questions as where a population will settle and the level of education required of that population for the harvesting of the resource. The regions of Canada are not diversified as much by strict cultural populations as with the resources which have shaped the regional populations. To date, the Atlantic provinces have seemingly been by-passed from …
Energy From Canada's Frontier: A Fading Dream?, John Bishop Ballem Q.C.
Energy From Canada's Frontier: A Fading Dream?, John Bishop Ballem Q.C.
Dalhousie Law Journal
By the end of the present century, oil and gas from Canada's frontier should comprise a substantial proportion of our total energy supply. The economic activity generated by the huge capital investments required to utilize these resources should have done much to improve Canada's economy. However, whether these desirable goals will, in fact, be achieved is still very much an open question. Ordinarily, the fundamental uncertainty in dealing with oil and gas concerns whether or not these elusive substances actually exist in the area being searched. In the case of frontier oil and gas, however, the real question is not …
On Shore Natural Resource Ownership: Atlantic Canada Perspective, J Mcevoy
On Shore Natural Resource Ownership: Atlantic Canada Perspective, J Mcevoy
Dalhousie Law Journal
Disputes over the ownership of resources off both the east and west coasts of Canada have recently been determined by the Supreme Court in favour of collective ownership by all Canadians, through federal Canada, rather than separate collective ownership by the adjacent citizens through their respective provinces.' These offshore disputes have involved state-province constitutional conflict and represent a higher plane application of common law concepts favouring individual ownership.