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This book addresses a question of importance for both theory and practice: Why are joint venture agreements preferred over other types of agreements such as concession agreements, service contracts, and production sharing agreements in the Qatari gas industry? On a theoretical level, the author analyses this decision-making process by developing an approach that integrates a micro-level analysis, more specifically within international oil companies, with a macro-level analysis that spring from the organisational culture of the Qatari gas industry. At the micro level, the author proposes John Dunning’s eclectic paradigm (as one set of theoretical ideas) to explaining one element of the deci...
States, corporations, and other actors worldwide have committed to measures aimed at bringing down global emissions to net zero by the year 2060 or earlier. While the need for a clean energy transition is clear, incoherently designed transition programs can pose complex environmental, social, and governance risks, including legal liability and protracted disputes. At the same time, the rush for minerals needed to manufacture clean energy technologies raises fundamental questions–most crucially, how to ensure the exploration and development of energy transition minerals in a manner that does not exacerbate resource conflicts, resource nationalism, human rights violations, protectionism, ene...
A practical guide for robust sharī'ah governance ofthe Islamic banking industry Debate in the market on the extent of sharī'ahcompliance of Islamic banks, their products, and activities haspiqued stakeholders' interest. In Foundations of Sharī'ahGovernance of Islamic Banks, Karim Ginena and Azhar Hamidexplore the depths of sharī'ah governance to unravelits mysterious dimensions, and equip academics and practitionerswith a solid understanding of the subject, which has become aserious challenge and thus deserves dedicated attention. The authors make a strong case for the need to contain thesharī'ah risk that Islamic banks experience, andpresent a compelling argument for how this should be...
Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations ...
For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, mo...
Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International In...
English summary: This book deals with problems of long-term contracts - a central field of research for economists but, surprisingly, less so for lawyers. Building on the insights developed by economists, it focuses on five problems of paramount importance for long-term contracts: good faith and fiduciary duties, change of circumstances and force majeure (including contract design, risk distribution and renegotiation), termination for cause and, finally, penalty clauses. German description: Deutschsprachige Juristen denken bei Langzeitvertragen meist an das Dauerschuldverhaltnis, fur dessen Definition die Literatur allerdings auch nach gut 100 Jahren keinen Konsens hervorgebracht hat. Wahren...
A lack of entrepreneurial capacity, limited understanding of tourism markets and a lack of community understanding of tourism and its impacts have been identified as barriers to effective tourism development in peripheral regions. This book provides an analysis of this issue within tourism development practice.
The Soviet / Russian space program was in the hands of three industrial empires: those of Serguei Korolev, the Soviet von Braun who launched Sputnik-1 and Yuri Gagarin, Vladimir Tchelomei, his main competitor, and Mikhail Yangel, Many launchers and satellites in Ukraine. In 2011, we published a first book on the history of the Soyuz launcher that was developed by Korolev and launched more than 1,800 copies. This time, we tell the story of the Proton, the main competitor of the European launcher Ariane, which was developed by Chelomei and launched more than 400 copies. Finally, the last book of the trilogy will deal with the many developments of Yangel. In the three books, the first part deals with the history of rockets in the USSR / Russia (East) and the second part on the history of their commercialization in the West.