Security of Title and Government-Investor Relationship

2015 | Law

Dr Lionel Etan-Adollo has set the benchmark for evaluation, comparison and investigation for many jurisdictions in the area of Oil and Gas Security of Title and Government Investor Relationship using the comparison between the UK and the US Regime of Upstream Oil and Gas Licensing as case study. Although the two licensing regimes are not perfect, but there is so much other oil and gas jurisdictions could learn from these two jurisdictions as they continue to develop. There are historical collaboration / partnerships between investors and governments in the UK Continental Shelf (UKCS) and the US Gulf of Mexico Outer Continental Shelf. So far as the foreign or domestic investor in Petroleum Exploration and Production is concerned the security of her / his title is a legal sine-qua-non. In both jurisdictions, the State is superior in law to the foreign investor but despite this both jurisdictions have demonstrated an attempt at even-handedness. Both enshrine respect for the rule of law in their constitutional arrangements and they also try not to act arbitrarily in the licensing process and in the regulation of the petroleum sector.

Laws are more tested in the US Gulf of Mexico than the UK North Sea. The two jurisdictions have more in common, we can observe similarities and differences of issues for and against security of investors' title rights in both US GOM and UKCS jurisdictions. Despite the undoubted advantages accruing to the petroleum investor in both the UK and US jurisdictions compared to all other countries of the world, the author of this book believes securing investors' title rights is not a straight path or an easy one way street for either the government or the investor, but there are directly or indirectly built in legal checks and balances like an unbreakable rope being pulled on either side that perhaps sway the powers of the two partners (government and investor) either side when making comparisons in the two jurisdictions. We state that there is more than one way to look at security of title and even after our exhaustive study, we conclude that investors take a broad brush approach. We have identified numerous individual issues, but conclude that there is not one single event in amongst that list which is dominant. Taking the broad brush, investors are cautious.

Furthermore, investors' collaboration / partnerships with government; knowing and working in line with what is important to government, and going green would further enhance security of title rights in this new carbon economy. Saving the world and making money are no longer mutually exclusive. In the Concluding chapter, we have added "Lessons Learnt", the high notes and what is still required in the two jurisdictions. Dr. Lionel Etan-Adollo has worked as a Senior Management Consultant and Project Management Professional on many of the global projects (including Oil and Gas projects) of renowned conglomerates and transborder corporations, and has travelled as far as Australia, India, USA, Africa and many countries in Europe.

Lionel Etan-Adollo (Author)