Document Type : Research Paper

Authors

1 Assistant Professor, Faculty of Law and Political Science, University of Tehran

2 null

3 Tehran University, Faculty of Law

Abstract

Pipelines are one of the most commonly used means for onshore transportation of oil and gas. In general, there are two different approaches which can be used to form the legal framework for the construction and operation of international pipelines: the interconnector and the unified models. These two models differ in a range of factors, including ownership, the governing law, taxation, safety and environmental issues. However, it should be noted that in addition to pipeline agreements which govern the construction and operation of cross-border pipelines, this is the domestic law of the concerned States which allows for the selection between these approaches. This paper examines the structure of agreements which have been used for the construction of international pipelines and examines the possibility of implementing these models in the Iranian legal system. Finally, it has been revealed that a distinction shall be made between pipelines connected to upstream installations and pipelines which are used for transporting refined products. Relying on that, for each category different approaches could be arranged in the Iranian legal system.

Keywords

Books
     - Balmaceda, Margarita M & Kevin Rosner, (2006), Belarus: Oil, Gas, Transit Pipelines and Russian Foreign Energy Policy, London, United Kingdom, GMB Publishing Ltd.
      - Catherine Redgwell, (2012), Contractual and Treaty Arrangements Supporting Large European Transboundary Pipeline Projects: Can Adequate Human Rights and Environmental Protection be Secured?, Chapter6 of Energy Networks and the Law Book, United Kingdom,  Oxford University Press.
     - Ishrak Ahmed Siddiky, (2014), The International Legal Instruments for Cross-border Pipelines, Research Handbook on International Energy Law, United Kingdom, Edward Elgar Publishing.
     - Kaj Hobér, (2014), Recent Trends in Energy Disputes, Research Handbook on International Energy Law, United Kingdom, Edward Elgar Publishing.
     - Rafael Leal-Arcas, Costantino Grasso, Juan Alemany Ríos, (2016), Energy Security, Trade and the EU: Regional and International Perspectives, USA, Edward Elgar Publishing.
     - Thomas J Dimitroff, (2011), Risk and Energy Infrastructure: Cross Border Dimensions, United Kingdom, Globe Law and Business.
     - Yulia Selivanova, (2014), The WTO Agreements and Energy, Research Handbook on International Energy Law, London: United Kingdom, Edward Elgar Publishing.
 
     Articles
     - Fazil Jamal, (2015), “Legal Aspects of Transnational Energy Pipelines: A Critical Appraisal”, European Networks Law & Regulation Quarterly, No. 2.
     - Martha M. Roggenkamp, (1998), “Petroleum Pipelines in the North Sea: Questions of Jurisdiction and Practical Solutions”, J. Energy & Nat. Resources L. 92.
    - Mehdi Piri D, Michael Faure, (2014), “The Effectiveness of Cross-Border Pipeline Safety and Environmental Regulations”, (under International Law), Volume 40, Number 1.
     - Michael Dulaney, Robert Merrick, (2005), “Legal Issues in Cross-Border Oil and Gas Pipelines”, Journal of Energy & Natural Resources Law International Bar Ass; Aug, Vol. 23, Issue 3.
     - Nougayrede, (2005), “Binding States: A Commentary on State Contracts and Investment Treaties”, Business Law International, Vol. 6, No. 3, BLI 372.
     - Sergei Vinogradov and Cokce Mete, (2013), Cross-Border Oil and Gas Pipelines in International Law, German Yearbook of International Law.
    - Sergei Vinogradov, (2009), “Challenges of Nord Stream: Streamlining International Legal Frameworks and Regimes for Submarine Pipelines”, 52 German Y.B. Int'l L, Vol. 52.
    - Sergei Vinogradov, (1999), “Cross-Border Pipelines in International Law”, Natural Resources & Environment, Vol. 14, No. 2.