This is a past event
Admission FREE, no booking required.
Abstract:
As more and more states discover new energy resources, particularly oil and gas, there is much discussion about what type of legal framework should be created to effectively regulate the extraction of the resource and ensure that such extraction benefits the country and its people. Too often emerging jurisdictions rely on other, more established legal frameworks for guidance. In particular, many turn to the Norwegian petroleum regulatory framework, attempting to either copy the framework as a whole or implement part of the framework in an effort to gain similar benefits. To date, such legal transplant or emulation fails to bring benefits and rarely succeeds, for a variety of reasons.
This seminar sets aside these concepts of legal transplant and legal emulation, instead examining how legal theoretical principles can be utilised to establish an effective framework that is suited to the country where petroleum has been discovered. It examines how legal theory, particularly Rawls’ theory of justice (in particular that of distributive justice and the original position) and Dworkin's' Model of Rules can provide significant insight and guidance for states seeking to create legal frameworks for the regulation of petroleum extraction. The seminar will explore how, by deferring to legal principles espoused by Rawls and Dworkin, it is possible to create a legal framework that is sui generis, suitable for the state seeking to regulate the extraction of these energy resources, rather than ‘borrowing’ ill-suited and inappropriate frameworks from established petroleum jurisdictions.
- Speaker
- Professor Tina Hunter
- Hosted by
- School of Law
- Venue
- Taylor Building C11
- Contact
-
Suzi Warren
Research, Commercial and Events Secretary
Tel: +44 (0) 1224 273421
Email: smjwarren@abdn.ac.uk