Finders Keepers

Finders Keepers

First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.

Author: Terence Daintith

Publisher: Resources for the Future

ISBN: 193311584X

Category: History

Page: 500

View: 616

Since the beginnings of the oil industry, production activity has been governed by the 'law of capture,' dictating that one owns the oil recovered from one's property even if it has migrated from under neighboring land. This 'finders keepers' principle has been excoriated by foreign critics as a 'law of the jungle' and identified by American commentators as the root cause of the enormous waste of oil and gas resulting from US production methods in the first half of the twentieth century. Yet while in almost every other country the law of capture is today of marginal significance, it continues in full vigour in the United States, with potentially wasteful results. In this richly documented account, Terence Daintith adopts a historical and comparative perspective to show how legal rules, technical knowledge (or the lack of it) and political ideas combined to shape attitudes and behavior in the business of oil production, leading to the original adoption of the law of capture, its consolidation in the United States, and its marginalization elsewhere.
Categories: History

Finders Keepers

Finders Keepers

How the Law of Capture Shaped the World Oil Industry Terence Daintith. would have followed from the unfettered operation of the rule.36 Outside the United States, however, lawyers are more likely to echo the unkind epithets of the 1920s ...

Author: Terence Daintith

Publisher: Routledge

ISBN: 9781933115832

Category: History

Page: 522

View: 410

First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.
Categories: History

Energy Law Climate Change and the Environment

Energy Law  Climate Change and the Environment

Daintith T, Finders Keepers? How the Law of Capture Shaped the World Oil Industry (1st edn, RFF Press 2010). Duruigbo E, 'Permanent Sovereignty and Peoples' Ownership of Natural Resources in International Law' (2006) 38(1) George ...

Author: Martha M. Roggenkamp

Publisher: Edward Elgar Publishing

ISBN: 9781788119689

Category: Law

Page: 865

View: 430

This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply.
Categories: Law

The Character of Petroleum Licences

The Character of Petroleum Licences

The Rule of Capture is limited by the correlative-rights doctrine, the principle that the right to capture oil and gas ... See Terence Daintith, Finders Keepers? How the Law of Capture Shaped the World Oil Industry (RFF Press 2010).

Author: Tina Soliman Hunter

Publisher: Edward Elgar Publishing

ISBN: 9781788976206

Category: Law

Page: 288

View: 939

This innovative book explores the legal character of petroleum licences, a key vehicle governing the relationship between oil companies and their host states. Examining the issue through the lens of legal culture, it illustrates why some jurisdictions exert strong state control and others only minimal.
Categories: Law

Agricultural Land Use and Natural Gas Extraction Conflicts

Agricultural Land Use and Natural Gas Extraction Conflicts

A Global Socio-Legal Perspective Madeline Taylor, Tina Hunter ... Terence Daintith, Finders Keepers?: How the Law of Capture Shaped the World Oil Industry (RFF Press, 2010). Wood Cnty. Petroleum Co. v. W. Va. Transp. Co., 28 W. Va.

Author: Madeline Taylor

Publisher: Routledge

ISBN: 9781351332699

Category: Law

Page: 260

View: 938

Onshore unconventional gas operations, in most jurisdictions, operate on the legal principle that all activities during exploration and extraction are ‘temporary’ in nature. The concept that the onshore unconventional gas industry has a temporary effect on the land on which it operates creates a regulatory paradox. On one hand, unconventional gas activities create energy security, national wealth and a bourgeoning export industry. On the other, agricultural land and agriculturalists may be significantly disadvantaged by unconventional gas activities potentially producing permanent damage to non-renewable fertile soils and spoiling the underground water tables. Thus, threatening future food security and food sovereignty. This book explores the socio-regulatory dimensions of coexistence between agricultural and onshore unconventional gas land uses in the jurisdictions with the highest concentration of proven unconventional gas reserves – Australia, Canada, the USA, the UK, France, Poland and China. In exploring the differing regulatory standpoints of unconventional gas land uses on productive farming land in the chosen jurisdictions, this book provides an original three-part categorisation of regulatory approaches addressing the coexistence of agricultural land and unconventional gas namely: adaptive management, precautionary and, finally, statism. It offers a timely and topical approach to socio-legal natural resource governance theory based on the participation, transparency and empowerment for agricultural landholders, examining how differing frameworks such as the collective bargaining framework can create equitable and sustainable contractual arrangements with unconventional gas companies.
Categories: Law

Big Oil in the United States Industry Influence on Institutions Policy and Politics

Big Oil in the United States  Industry Influence on Institutions  Policy  and Politics

Terence Daintith, Finders Keepers? How the Law of Capture Shaped the World Oil Industry (Washington, DC: Earthscan, 2010), 258. See also Gerald Nash, United States Oil Policy, 1890–1964: Business and Government in Twentieth Century ...

Author: Jerry A. McBeath Professor Emeritus

Publisher: ABC-CLIO

ISBN: 9781440837432

Category: Business & Economics

Page: 299

View: 350

This book explains how and why large oil-producing corporations have affected government institutions, energy policy, and politics in the United States—and suggests how their influence can be reduced. • Focuses on big oil's impact on U.S. government policy—regulatory, environmental, and fiscal—and analyzes big oil's political influence through campaign contributions and lobbying • Proposes methods that could be employed to reduce big oil's influence over energy policy • Presents current information relevant to university-level courses in energy politics, public policy, and state or local politics and policy as well as to practitioners such as government regulators, business persons, and NGO representatives
Categories: Business & Economics

Petroleum Resource Management

Petroleum Resource Management

7 For a detailed and fascinating review of the rule of capture see Terence Daintith, Finders Keepers? How the Law of Capture Shaped the World Oil Industry (RFF Press 2010). 8 Although this can be affected by other ...

Author: John A.P. Chandler

Publisher: Edward Elgar Publishing

ISBN: 9781786432216

Category: BUSINESS & ECONOMICS

Page:

View: 170

Petroleum Resource Management offers a thought-provoking examination of how countries manage their offshore petroleum resources by comparing the different approaches to licensing and regulation taken by Australia, Norway and the UK.Based on extensive research into their policies, licensing systems and resource management regulations, including interviews with government regulators and companies, John Chandler explores how these countries all face similar challenges as their offshore petroleum basins mature, including smaller discoveries, marginal production and ageing infrastructure. Identifying further challenges such as climate change and the increasing accountability in relation to sustainability and social issues, Chandler analyses how their petroleum policy, systems of regulation, and regulators developed up to the present, and how they are responding to these challenges, as well as how they deal with exploration, development, infrastructure sharing, and production.This timely and informative book will be essential reading for those in petroleum policy and governance, including petroleum lawyers, government officials, regulators and analysts. Academics and students on courses relating to petroleum regulation and the governance of resources will also benefit from this engaging book.
Categories: BUSINESS & ECONOMICS

Iraq s Oil and Gas Industry

Iraq   s Oil and Gas Industry

259 Terrance Daintith, Finders Keepers? How the Law of Capture Shaped the World Oil Industry, (Routledge, 2010), 370. 260 Tripp, 244. UNSCR 678. 261 UNSCR 661 (1990). 262 Tripp 248. UNSCR 688 (1991). The resolution condemns Iraq's ...

Author: Janan Al-Asady

Publisher: Routledge

ISBN: 9780429623462

Category: Law

Page: 232

View: 330

Oil, an integral part of the contemporary global economy, is considered a driving force behind the 2003 invasion of Iraq. Hydrocarbon reserves in Iraq have a significant role to play in global supply, with oil revenue accounting for more than 90% of Iraqi government income. This book provides a comprehensive insight into the key foundations of Iraq’s oil industry and assists in the development of a core area of domestic law to promote economic recovery following years of instability. It addresses the development of oil legislation and the formation of contracts since the US and allied occupation of Iraq in 2003. Legislation is assessed against the framework of the constitution along with the different types of oil agreements and their terms. The book looks at three main aspects of oil legislation, beginning with the validity and interpretation of the constitution as any subsequent legislation governing oil policy will be based upon this. The work then discusses whether the draft oil and gas law of 2007 and any subsequent oil legislation, including the law implemented by the Kurdish Regional Government in 2007, is valid. Finally, the book analyses the legitimacy of oil agreements entered into by the central and regional governments and whether these contain terms beneficial to the state and contracting party. Providing an in-depth analysis of the origins and development of the legal framework of the oil industry in Iraq, the book acts as both a reference source and a springboard for future research across a range of legal, economic and policy perspectives. It will appeal to practitioners and academics working in energy law and international investment law, as well as policy-makers, legal advisors and those working in governments and energy companies.
Categories: Law

Oil Wealth and Federal Conflict in American Petrofederations

Oil Wealth and Federal Conflict in American Petrofederations

[online]. Available at: https://wyoleg.gov/ InterimCommittee/2020/03-202005262-02May2020FullReportFinalII.pdf [Accessed 4 Feb. 2021]. Daintith, T. C. (2010). Finders Keepers? How the law of capture shaped the World oil industry.

Author: Beni Trojbicz

Publisher: Elsevier

ISBN: 9780128220757

Category: Business & Economics

Page: 312

View: 225

Oil wealth and Federal Conflict in American Petrofederations documents the critical relationship between oil rents and federal conflicts by illustrating key concepts with six representative cross-regional case studies. Each case study discusses encompasses qualitative, quantitative and comparative elements under a common structure. With each petrofederation ranging in conflict types and modalities, the work as a whole identifies key differences including oil rent decentralization (in terms of resource property, sector management and distribution of revenues), sectoral importance (considered at national and subnational levels), and federation redistribution policy (in terms of fiscal federal imbalance, fiscal equalization, and oil rent use for regional equity). Collectively, the book generalizes a consistent theory of causality between oil rents and federal conflicts that take into account systemic variables. The book's conclusions will serve as a guide for researchers and policymakers seeking pathways to translate oil rents into development and stability. Reviews the intimate relationship between the oil sector and its governance in the political system Provides comparative analysis of the regulation, political institutions, rent decentralization, sectoral importance, and rent redistributive policies in the oil sector Generalizes approaches to the causality between oil rents and federal conflicts, including implications for policymakers
Categories: Business & Economics

International Taxation and the Extractive Industries

International Taxation and the Extractive Industries

Daintith, T. (2010), Finders Keepers? How the Law of Capture Shaped the World Oil Industry (Washington, DC: Resources for the Future Press). English, W. (1996), 'Unitisation Agreements,” in M.R. David (ed.), Upstream Oil and Gas ...

Author: Philip Daniel

Publisher: Taylor & Francis

ISBN: 9781317330141

Category: Business & Economics

Page: 364

View: 292

The taxation of extractive industries exploiting oil, gas, or minerals is usually treated as a sovereign, national policy and administration issue. This book offers a uniquely comprehensive overview of the theory and practice involved in designing policies on the international aspects of fiscal regimes for these industries, with a particular focus on developing and emerging economies. International Taxation and the Extractive Industries addresses key topics that are not frequently covered in the literature, such as the geo-political implications of cross-border pipelines and the legal implications of mining contracts and regional financial obligations. The contributors, all of whom are leading researchers with experience of working with governments and companies on these issues, present an authoritative collection of chapters. The volume reviews international tax rules, covering both developments in the G20-OECD project on ’Base Erosion and Profit Shifting’ and more radical proposals, identifying core challenges in the extractives sector. This book should become a core resource for both scholars and practitioners. It will also appeal to those interested in international tax issues more widely and those who study environmental economics, macroeconomics and development economics.
Categories: Business & Economics