Negotiation of transit pipeline agreements: Bargaining in the shadow of stability provisions
Başlık çevirisi mevcut değil.
- Tez No: 400895
- Danışmanlar: DR. ABBA KOLO
- Tez Türü: Doktora
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2013
- Dil: İngilizce
- Üniversite: The University of Dundee
- Enstitü: Yurtdışı Enstitü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 392
Özet
Özet yok.
Özet (Çeviri)
The significance of transit pipelines has increased, in particular since the start of the exploration of oil and gas resources in land-locked regions such as the Caspian. The legal arrangements for transit pipelines are long-term in nature and are susceptible to unilateral changes and consequent disputes. Therefore, there is a need to stabilize the terms of these agreements. However, at the same time these agreements operate in a particular economic and geopolitical environment. The main questions are (1)“To what extent can transit disputes be managed through the use of stability provisions as bargaining factors?”(2)“What are the determinative factors during the negotiation and renegotiation of transit pipeline agreements in the Caspian Region?”and (3)“How have stability provisions functioned in negotiated settlements of transit disputes?”This research seeks to answer these questions by taking into account the above considerations. Transit pipelines have more often than not experienced disputes relating to the transit terms included in transit pipeline agreements. Many a times, such disputes are resolved through renegotiation by the contracting and participating parties instead of through court litigation or arbitration. Therefore, this research focuses on the concession process during the negotiation and renegotiation of transit pipeline agreements. The thesis asserts that the renegotiation of transit pipeline agreements and the concession process occur in the shadow of the law as well as the economic and geopolitical environment. In particular, they occur in the shadow of the stability provisions that are contained in the transit pipeline agreements. This research defines stability as being maintenance of the economic equilibrium of the contract. Therefore, both stabilization and renegotiation clauses are stability provisions in the context of the thesis. Determining the bargaining factors that are effective in the concession process is essential to answer the research questions listed above. This research uses the alternating offers model of bargaining theory as an analytical framework to answer the research questions. According to the alternating offers model, there are four factors that affect the concession process. These are discount rates, risk aversion and the outside options and inside options of the parties. These four factors have been reclassified under economic, geopolitical and legal factors in the context of transit pipelines. The legal factors are stability provisions in transit pipeline agreements and the treaty provisions that provide stability to these agreements. In order to evaluate the value of stability provisions as bargaining factors during renegotiations, an analysis of their legal effect is required. This research adopts the methodology of doctrinal analysis of stability provisions in addition to the analysis of economic and geopolitical factors that constitute bargaining factors during renegotiations. The viability of stability provisions has been tested through assessing how they would have been used as bargaining factors in negotiated settlements in their economic and geopolitical contractual environment. Five pipelines have been selected as case studies. These pipelines mainly originate in the Caspian Region and are directed towards Western states. This research tests the viability of stability provisions in the agreements governing these pipelines, taking into consideration the economic and geopolitical contractual environment of each pipeline in the context of the analytical framework of the thesis. The research has found that legal factors, stability provisions (inside options), can be effective when the parties? economic and geopolitical factors (discount rates and risk aversion) are equal and there is no preferable alternative pipeline (outside option) in the event of the renegotiation of the transit pipeline agreement. When there is a fundamental change in the economic and geopolitical contractual environment, stabilization clauses are not effective in resisting renegotiation demands by the parties and the subsequent changes in transit pipeline agreements. Therefore, flexibility should be provided through inclusion of adaptation clauses for financial terms while stabilizing the general legislative framework.
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