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Title:	The development of petroleum foreign investment law within the framework of international law: issues and prospects
Authors:	Mohammad Bagher Sheikhi (P42131)
Supervisor:	Rohimi, Prof. Dr.
Keywords:	Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia
Issue Date:	27-Feb-2012
Description:	Primarily, petroleum (crude oil and natural gas) is the main source of energy that is now becoming more costly due to the rising demands and limited new discoveries. Lack of capital and know-how and unbalanced consumption, to a certain extent of supply, made the developing countries generally hosts for petroleum investment. However, the conflict between two established principles of international law on investment, the sanctity of contract, and the sovereign right of State have caused long-term confrontation in developed-developing States petroleum investment relations. Objectives of this study, thus, are to consider the legal consequences of petroleum investment from the angle of the interests of developing countries particularly the petroleum exporters to solve the above problems. Critical analysis of legal texts, international arbitral and judicial decisions, States and Corporations' practices and different kinds of petroleum contracts constitute the leading instrument for this thesis research method. As a new approach, the author tries to use international law, customary law, and general principles of law for a comparative analysis of petroleum foreign investment law and protection system to mediate between the competing interests of host State, private investor, and international community. Findings of this research show that developing host States as a large part of international population are unsatisfied with their legal and development position. All OPEC members, in spite of their considerable reserves and production, are constantly uniting to becoming a more significant force in today's new international law reality. The product of this research is the recommendation for the development of a lex petrolea, as accepted international legal framework rather than as the mere affiliate of lex mercatoria. Finally, this work may become a momentum for the international legal community to review the energy investment law and development approach, in solving the complex international investment challenges and thereby contribute to a just world economic order and sustainable development.,"Certification of Maste's/Doctoral Thesis" is not available,Ph.D.
Pages:	348
Call Number:	C74.BAG 2012 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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