The legal and commercial determinants of unconventional gas production in East Asia

Abstract

The US “shale gas revolution” has triggered a worldwide search for unconventional gas in different forms on other continents. Asia’s growing demand for energy and need to switch from coal to natural gas has made governments in this region determined to exploit these newly accessible resources, inspired by the US experience. However, in addition to geological differences, the above-ground conditions in Asian countries are quite different from those in the USA. The papers in this Special Issue analyse the investment frameworks and the consequent outlook for unconventional gas production in China, Indonesia and Vietnam. Our paper sets the context for these accounts by identifying some relevant insights from the experience of the USA and summarises some of the key conclusions from the later papers. A number of common themes emerge from the case studies, for example: the limited capacity of government, the role of the national oil companies and other interested economic actors, complex approval procedures, poor coordination between different government agencies and between different levels of government, access to land, and inadequate infrastructure, as well as the inappropriate nature of the prevailing laws, regulations and contracts designed for the extraction of conventional hydrocarbons. Despite these commonalities, the specific nature of each potential constraint and their relative importance varies between each country and even across an individual country. One challenge arising from the nature of unconventional gas extraction that is common to all countries is the need for effective engagement with society.