A Comparative Study of the Transparency of Environmental Requirements in Upstream Oil and Gas Contracts in Iranian and American Laws

Azizi, Hassan; Ameri, Feisal

doi:10.22096/law.2021.114404.1549

A Comparative Study of the Transparency of Environmental Requirements in Upstream Oil and Gas Contracts in Iranian and American Laws

Document Type : Scientific Paper

Authors

Hassan Azizi ¹

Feisal Ameri ²

¹ Ph.D. student in the Faculty of Law of Allameh Tabatabai University, Tehran, Iran.

² Associate Professor, Department of Private Law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.

10.22096/law.2021.114404.1549

Abstract

The purpose of this study is to identify the degree of transparency of information on the environmental requirements of upstream oil and gas contracts in Iranian and American law. In addition to the library and documentation study, with emphasis on the Delphi method, a questionnaire containing 24 questions was used that assesses the transparency of the phases in the life cycle of the hydrocarbon project, including approvals, operations and closure. This questionnaire is developed by the British Company Worley Parsons in partnership with API and is approved by the jurisdictions of ten countries. The statistical sample consists of 12 experts. Acquiring of an approval in both countries, an environmental assessment is required. Gaining this approval in Iran costs $75000 employing less than 10 people, but in the US, it costs $2000000 employing 50 to 100 people. There is no law of freedom of environmental information in Iran, while such a law is enforced in the US. In the phase of operations, the environmental requirements in the US are more obvious. Contrary to the US, the project closure plan is not available to the public in Iran. Totaly, Iran has 9 scores and the US 26 scores at the level of transparency, so in the life cycle of a hydrocarbon project, the United States are more transparent than Iran.

Keywords

Transparency

Requirements

Approval

Operation

Closure

A) Books & Articles

An Initiative of the Global Leaders of Tomorrow Environment Task Force, World Economic Forum, Annual Meeting ,(Davos, Switzerland, 2001)

Bohringer C., Jenkins m.., Measuring the Immeasurable – Asurvry of Sustainability Indices,(Ecol. Econ2007).63:2

Canadian association of petroleum producers, An International Comparison of Leading Oil and Gas Producing Regions Environmental Regulation, https://www.capp.ca › media › capp › customer-portal › document

Parker, H.D. and Pitt,G.D, Pollution Control Instrumentation for Oil and Effluents-first publish (1987).17-39

Rees William, Ecological Footprints and Appropriated Carrying Capacity: What Urban Economies Leave out,4, (Environ. Urban ,1992).121

Singh R. k., Murty H. R., Gupta S. k. and Dikshit A. k. An Overvivew of Sustainability Assessment Methodologies, (Bhilai, India2012) 15:293

Sadeleer N. d, , Liability for Oil Pollution Damage versus Liability for Waste Management. (2009) Volume 21, Issue 2, 2009, Pages 299–307

The World Conservation Union (IUCN) (1993).Oil and Gas Exploration and Production in Mangrove Areas (IUCN/E&P Froum 1993) report No.2.54/184. The World Conservation Union (IUCN) (1993).
- B) Websites
Yousif, K., Kharaka, Hanor J. S. (2003). Deep Fluids in the Continents, Sedimentary Basins,Treatise on Geochemistry. Volume 5. pp. 605. ISBN 0-08-043751-6. Elsevier, p.499-540.