Gas Disputes Research Articles

Russian Foreign Energy Policy Towards the European Union

Despite a long history of cooperation, Russia's energy policy towards the European Union has recently been the subject of great consternation amongst scholars and policymakers due to the gas disputes of 2006 and 2009. In addition to European efforts aimed at liberalizing its internal energy market, the looming expiry of the latest Russia-Ukraine gas transit agreement has raised concerns about Russia's potential use of the 'energy weapon,' or more simply its ability to compel European policymakers to acquiesce to various Russian demands through the threat of shutting off gas exports to Europe. Ultimately, I find that this scenario is highly unlikely in the near future, as Russia's foreign energy policy towards the European Union is characterized by a diverse range of interests that largely revolve around achieving security of demand. As such, both the Russian state and Gazprom are significantly limited in their ability to exercise influence over the European Union through natural gas exports, as attempting to do so would jeopardize their domestic political and commercial interests. Moreover, market liberalization in both EU and Russian natural gas markets have weakened the overtly geopolitical aspects of Russia’s energy policy towards the European Union.

The political economy of Euro - Mediterranean cooperation in the gas market: The role of domestic stakeholders and the European Commission

The EU internal and external energy policy has triggered heated debate among policymakers, regulators, academia and industrial stakeholders over recent decades. This study illustrate how the pro-competitive EU led reform in the gas sector have been unsuccessful in shaping both the Internal gas market as well as the gas sector in the Euro- Mediterranean region. The gas sector in Europe is characterised by its inertia and relative backwardness, compared to the other energy sectors (electricity and renewable energy). Since the Russia-Ukraine gas disputes and recent gas discoveries in the East Mediterranean region, matters related to Euro- Mediterranean gas cooperation are back at the forefront of the energy agenda. The changing nature of the EU external energy policy in the Mediterranean region is analysed in this paper by looking at the influence that EU economic interests and approaches had on the southern neighbourhood. Here we show that the political economy of the gas industry requires the development of long-term relationship with exporting countries in the Mediterranean basin (and elsewhere), because of markets' incompleteness. The paper further explores the role that EU actions play as rule promoter to provide a valid template for the emerging regulatory framework in the region. Our study shows that, while the changing relationship with the southern neighbourhood can be described as part of the process of progressive securitization of energy matters, the model promoted with the Internal Energy Market (IEM), and endorsed by the EC also outside its borders, partially contradicts the reference model in the region, fails to provide a valid alternative template and therefore might negatively impact on energy security. Member States’ gas policies appear to have a greater traction compared to the EC, also in consideration of their vast and long-term economic commitments.

The Economic Costs of Hybrid Wars: The Case of Ukraine

ABSTRACT With more than ten thousand casualties, the ongoing hybrid Ukrainian war between pro-Russian separatists and the government in the Donbass region, Ukraine’s productive core, has taken a severe toll on the country. Using cross-country panel data over the period 1995–2017, this paper estimates the causal effects of the Donbass war on Ukraine’s GDP. Our counterfactual estimation by the synthetic control method shows that Ukraine’s per capita GDP foregone due to the war amounts to 15.1% on average for 2013–2017. Separate analysis for the affected regions of Donetsk and Luhansk indicates an average causal effect of 47% for 2013–2016. Results are robust to pre-war confounds, namely, the Orange Revolution and Ukrainian-Russian gas disputes. As such, we discuss mechanisms underlying the war’s causal effects on economic performance, which is of broader relevance for debates on the role of government in hybrid conflict management.

Evolution of European Union's energy security in gas supply during Russia–Ukraine gas crises (2006–2009)

Recent gas disputes between Russia and Ukraine have renewed interest in the study of energy security in the EU. This paper's main aim is to evaluate developments in gas supply security in the EU-27 Member States in the context of the gas crises of 2006 and 2009. Based on a causal classification of energy risks, two dimensions are proposed for a synthetic indicator – a Weighted Energy Security Index for gas – allowing us to gauge the degree of gas supply security in the sample countries. Our findings show that gas supply security in the EU-27 has hardly improved. We found one group of countries in which the level of gas security has actually worsened, another group that has made little effort at improvement, and another consisting only of Latvia in which a greater effort is appreciable.

Oil and Gas Disputes in the Middle East:A COVID-19 Era Perspective

The Middle East holds the largest regional shares of oil and gas resources in the world. The region is also one of the world’s most important producers and exporters of oil and gas. It is no surprise then that the oil and gas industries have spearheaded the growth and transformation of Middle Eastern economies for the last few decades.With the onset of the COVID-19 pandemic, however, there has been a significant effect on the oil and gas markets globally. Drawing from examples across the region and globally, this article considers the effects of the pandemic on the oil and gas industry, the types of disputes that are likely to arise as a result of the pandemic within these industries, and, finally, the forms of dispute resolution that are favoured by stakeholders in the oil and gas markets and the capabilities in the Middle East to offer these dispute resolution services.

Sanctions and public opinion: The case of the Russia-Ukraine gas disputes

Economic sanctions usually fail, sometimes even provoking the opposite of the intended outcome. Why are sanctions so often ineffective? One prominent view is that sanctions generate popular support for the targeted government and its policies; an outcome referred to as the rally-around-the-flag effect. We quantify this effect in the context of a major trade dispute between Ukraine and the Russian Federation, which led to a cut in gas exports to Ukraine and a sharp increase of gas prices. Using individual data on political and economic preferences before and after the trade dispute and exploiting the cross section heterogeneity in the individual exposure to the price shock—measured by the connection to a centralized gas/heating system—we find that people more directly affected by the increase of gas prices were significantly more likely to change their opinions in support of Western-style political and economic systems preferred by the incumbent government, consistent with a rally-around-the-flag effect.

Euro-Mediterranean Gas Cooperation: Roles and Perceptions of Domestic Stakeholders and the European Commission

The EU external energy policy has triggered heated debate among policymakers, regulators, academia and industrial stakeholders over recent decades. This article maintains that the gas sector has been of less interest to all these parties, because of its inertia and relative backwardness, compared to the electricity and renewable energy industries. However, since the Russia-Ukraine gas disputes, matters related to Euro-Mediterranean gas cooperation are back at the forefront of the energy agenda. The ever-changing nature of the EU external energy policy in the Middle East and North Africa (MENA) region is analysed in this paper by looking at the influence that EU economic interests and approach have had on the southern neighbourhood. The paper provides an overview of the political economy of gas industry development in the EU and its relationship with exporting countries in the Mediterranean basin. It further explores how EU actions and influence as rule promoter are able to provide a valid template for the emerging regulatory framework in the region. While the changing relationship with its southern neighbourhood can be described as part of the process of progressive securitization of energy matters, EU influence can hardly be described as the focal point of gas dynamics in the Mediterranean region. Member States’ gas policies appear to have a greater traction, in consideration also of their vast and long term economic commitments.

AR LISABONOS SUTARTIS TURI ĮTAKOS EUROPOS BENDROS ENERGETIKOS POLITIKOS PLĖTRAI?

Straipsnyje nagrinėjama Lisabonos sutarties reikšmė, daranti įtaką Europos Sąjungos bendros energetikos politikos kūrimui. Remiantis liberaliojo institucionalizmo politinės teorijos samprotavimais, nagrinėjami trys pagrindiniai klausimai, pateikiant išsamų požiūrį į Europos energetikos problemas ir jų sprendimo būdus: Kas skatina valstybes ieškoti vienodo požiūrio į energetikos iššūkius? Kokia yra tikroji Lisabonos sutarties reikšmė, kuriant bendrą Europos energetikos politiką? Ar Lisabonos sutartis nurodo realias priemones įgyvendinti bendrą Europos energetikos politiką visos bendrijos lygmeniu? Be minėtų klausimų, straipsnyje, analizuojamos pagrindinės Europos Sąjungos sutartys, parodančios, kaip kito bendros energetikos politikos reikšmė Europos Sąjungos integraciniame procese. Straipsnyje taip pat pateikiama pokyčių, patvirtintų Lisabonos sutartyje, kritika, ir analizuojami veiksmai, kuriais būtų galima paskatinti dar glaudesnį valstybių bendradarbiavimą ir užtikrinti bendros energetikos politikos įgyvendinimą.

Texas Oil and Gas Case Law Update

As the Texas economy enjoys the impact of robust oil and gas exploration and development spurred on by the shale drilling boom, Texas courts continue to experience similarly swollen dockets of oil and gas disputes. The Texas Supreme Court remained active in the energy sector in the 2011-2012 term with significant opinions affecting the areas of pipeline condemnation, exploration and production industry contracts, and lessor-lessee relations. Texas intermediate appellate courts also issued dozens of opinions touching various aspects of the industry from title and conveyancing disputes to lease operating issues. The following update will address the significant Texas Supreme Court opinions from the 2011-2012 term as well as selected cases from the intermediate appellate courts.

Mechanism of Settlement Commercial Disputes (Adr) Specialisation in Oil and Gas in Globalisation

Commercial problems and disputes are an evitable occurrence in many international transactions. This article explains about the specialisation in oil and gas disputes and resolutions with evolution in settlement of commercial disputes mechanism with mention of evolution of the uniform law of protection of this mechanism because different commercial and legal expectation, cultural approaches, political ramifications and geographic situations are all source for disagreement and dispute between contracting parties. Where these disputes arise and they cannot be resolved by negotiations, they will need to be resolved in accordance with the legal process, which should have the confidence of parties or at least be in a forum that is acceptable to the parties. In such situations, parties in international commercial contracts frequently to ADR as a private, independent nature of commercial transactions have also undergone a significant transformation. Commercial activity is no more restricted to local markets. Even the smaller player in the market has to think globally. It is appropriate to identify and discuss the salient features of transformed contemporary commercial activity, because of the speedy commercial transactions, operation of markets, complexity among competition and influence settlement of commercial disputes in the resolution of globalisation.

How Much Do the Neighbors Pay? Economic Costs of International Gas Disputes

The paper analyzes financial performance of European companies during Ukrainian-Russian gas disputes in January 2006 and 2009. Investors' reaction to the gas disputes is estimated for companies listed on the European stock exchanges and for which natural gas is the main factor of production. Economic costs of the gas cut-offs are estimated using event study methodology. It is found that the most severe decline in value due to the gas disputes was for companies located in the CEE states that are heavily dependent on Russian gas supply. The paper also contributes to the literature on the bargaining power of states, providing an empirical investigation of how much costs bears a party with less bargaining power in the dispute.

RECENT DECISIONS AFFECTING THE DEVELOPMENT OF THE MARCELLUS SHALE IN PENNSYLVANIA

Pennsylvania has a long history of natural gas exploration and development beginning in the 1800's. Despite having some of the country's oldest jurisprudence dealing with oil and gas disputes, Pennsylvania case law regarding oil and gas operations is relatively undeveloped in comparison to states like Texas and Oklahoma. With the boom in leasing and developing in the region in the last few years, there has also been an increase in oil and gas litigation in Pennsylvania state and federal courts. This paper will discuss the recent decisions that have impacted the development of Marcellus law in Pennsylvania, as well as identify some of the significant pending issues that are worth watching.

Arbitrating Overseas Oil and Gas Disputes: Breaches of Contract Versus Breaches of Treaty

Although a contractual agreement typically forms the foundation of an overseas oil and gas project, it is important for energy firms to understand that international investment law has developed specifically to provide foreign investors with rights which extend beyond such instruments. An oil and gas contract may define the basic nature of an energy firm’s participation in an overseas project, but where an international investment treaty is available the firm will enjoy rights additional to the individual terms of the contract. Therefore, where an overseas oil and gas dispute arises, it is crucial for the energy firms involved to clearly understand the full scope of their rights and protections. This includes full appreciation of the different circumstances in which a breach of contract claim can be brought before an international investment tribunal, as well as the different circumstances in which such a claim may be problematic. This also includes full appreciation of the different circumstances in which it may be advisable to abandon breach of contract claims altogether in favor of entirely different causes of action available under an investment treaty. Breach of contract claims can be brought under investment treaties which include either a broad dispute resolution clause (DRC) or an umbrella clause. However, two significant impediments to the availability of these provisions mar their potential utility to oil and gas firms. First, the existence of a forum selection clause in the operative contract can function to prohibit the investor from arbitrating a claim that the contract has been breached if the forum before which the claim is pursued is different from that stipulated. Second, an investment tribunal may refuse jurisdiction to hear a breach of contract claim where a state-owned company or state agency is the counterparty to the contract rather than the state itself.

ADR fuels settlement of oil and gas disputes

ADR fuels settlement of oil and gas disputes

Practical aspects of arbitrating natural gas disputes—II

Practical aspects of arbitrating natural gas disputes—II

Litigation: Practical aspects of arbitrating natural gas disputes

Natural GasVolume 6, Issue 6 p. 24-27 Article Litigation: Practical aspects of arbitrating natural gas disputes David G. Beerbower, David G. Beerbower David G. Beerbower is managing partner of the Houston office of the law firm of Stubbeman, McRae, Sealy, Laughlin & Browder, Inc.Search for more papers by this author David G. Beerbower, David G. Beerbower David G. Beerbower is managing partner of the Houston office of the law firm of Stubbeman, McRae, Sealy, Laughlin & Browder, Inc.Search for more papers by this author First published: January 1990 https://doi.org/10.1002/gas.3410060610 AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat Volume6, Issue6January 1990Pages 24-27 RelatedInformation