چکیده:
The oil and gas industry, with more than a century of activity in the international community, has established transnational oil law to regulate relations among members due to its specific characteristics and actors. Researchers in the field of transnational oil law believe that international contracts are one of the sources of transnational oil law that have influenced the formation, development, and growth of transnational oil law since the emergence of the oil industry. What draws attention is how transnational oil law affects international oil contracts? In response to this question, by examining published documents, laws, and international oil arbitration awards, this article states that although international oil contracts are themselves one of the sources of transnational oil law, transnational oil law influences international oil contracts through other sources such as statutory laws, general legal principles, oil industry customs, international oil arbitration awards, and even oil and gas legal doctrine; these influences confirm that transnational oil law governs international oil contracts without being explicitly included in them and even leads to the development of terms and models for international oil contracts.
خلاصه ماشینی:
In response to this question, this article, by examining published documents, laws, and international oil arbitration awards, states that although international oil contracts are themselves a source of transnational oil law, transnational oil law influences international oil contracts through other sources such as statutory laws, general legal principles, oil industry customs, international oil arbitration awards, and even oil and gas legal doctrines; these influences confirm that transnational oil law governs them even without being explicitly included in international oil contracts and even leads to the expansion of terms and models of international oil contracts.
28 Today, in addition to the sources he mentioned, transnational oil law includes the domestic oil laws of countries (including regulations for exploration, production and development, financial matters, and supervision of oil operations), international treaties, international oil arbitration awards, general legal principles, oil industry custom, oil industry best practices, and oil industry legal doctrines.
74 These examples confirm that general legal principles, including both common general legal principles and specific general legal principles of the oil industry, are another source of transnational petroleum law, and as observed in the arbitral awards, general legal principles govern and influence them despite not being included in international petroleum contracts.
82 Based on these and similar cases, it can be said that oil and gas custom is a source that, in addition to being binding for actors in the oil industry and leading to the formation of transnational petroleum law, also affects the international contracts of this industry and, to put it better, governs them.
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