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TOPIC OF DOCTORATE THESIS OF PROFESSOR EULOGE ANICET NKOUNKOU, THE FIRST PHILOSOPHIADOCTOR IN INTERNATIONAL LAW PETROLEUM, MINERALS AND ENERGY IN THE WORLD 553 pages:
In the absence of multilateral convention adopted by the International Community, governing the field of exploration and exploitation of natural resources, this doctoral thesis contributes to identify a new substantive and procedural functional legal framework that will effectively stabilize oil and mining transnational investments of international companies.
Since the 1960s the control of extraction and mining resources has been a major concern to many States. It also contributed to a rise in tensions between Northern and Southern countries concerning the claim of a new world economic order by the petroleum Exporting Countries. These tensions led to the adoption by United Nations of instruments and resolutions that placed the field of natural resources under the sovereignty of each State. A system stabilizing investment contracts of oil and mining industries was then guaranteed by government protection; however, it was frequently challenged and questioned. Thus, in the event of a conflict, the legal protection of a foreign mining company was solved in courts of the State part to the contract. Hence, depriving the international oil and mining company of a diplomatic protection offered by its own national State. Face to these political adversities, legal international experts proposed the technical contractual stabilization system, based on restriction and inviolability in which the host State renounces the exercise of its sovereign rights.
In recent years, traditional systems have undergone profound changes. These changes are attributed mainly to creation of different tools such as concession and the production-sharing contracts and treaties of covered investment in geopolitical areas of emerging markets such as China, Russia, India, South Africa and Brazil. Confronted with these mutations, the legal debate on stabilization rests upon emerging issues that defend an assumption of a framework in public international positive and procedural law in investments of oil and mining companies. Our thesis focuses on this assumption. It is divided in two parts the classic and new system of stabilization and it adopts the structure of contractual and extra contractual modes.
The first part considers the stabilization by election of public international law as lex contractus and applies either by reference, attachment or by conventional arbitration to contracts given by supplier countries exercising their sovereign prerogatives among which the State immunity from jurisdiction and execution.
The second part, seeks to highlight the emergence of a new framework for stabilization of the oil and mining investments save from of the diplomatic protection, involving a double international corpus. A body of substantive rules of treatment and protection whose application could guarantee stabilization effectively.
Another body of rules governing the international procedure of dispute resolution involving oil and mining international companies deciding on the distribution of domestic and denationalized levels. In this context, the energy companies and their shareholders acquire a share of procedural capacity in the international order. Finally, this work provides an application of exclusivity and denationalization principle in solving legal conflicts of jurisdictions and decisions.
© Euloge Anicet NKOUNKOU, 2012. All Rights reserved
Dr. Nkounkou is available for conferences, summits, seminars about the new legal framework for oil investment, mining and energy
Contact Pr. Euloge A. NKOUNKOU Email: Lexmeina@gmail.com
Short Bio of Professor Euloge Anicet NKOUNKOU
Professor Euloge Anicet NKOUNKOU, Global Professor of Natural Resources and Energy, Guest Expert & and Speaker at the several Universities around the World, is the First Philosophiadoctor in International Law of Petroleum, Minerals and Energy. The Doctorate thesis topic: ¨Contractual and Extracontractual Modes of Legal stabilization, substantive and procedural of transnational Oil and Mining Investments¨ (600 pages). He is The…Continue
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