Production Sharing Agreements in Africa: Sovereignty and Relationality

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This paper considers Desta’s critique of how contracts in the extractive industries involving host nations in Sub-Saharan Africa and international companies have been drafted and adjudicated. It first sets out the options that the state has in setting out a legal framework for the development of its hydrocarbon sector before going on to examine the dynamic risk matrix that characterises oil and gas projects. It then sets out the principles underpinning the design of fiscal systems for upstream oil and gas. With these foundations laid, the paper goes on to complexify the understanding of stabilisation in modern state-investor contracts, first, in terms of self-adjustment mechanisms and, secondly, in terms of the shift towards economic equilibrium clauses. It then examines the extent to which these contracts are best understood as relational in nature and concludes by proposing the development of principles to guide arbitral adjustment of contract terms based on this observation.
Original languageEnglish
Title of host publicationEthiopian Yearbook of International Law 2018
Subtitle of host publicationIn Pursuit of Peace and Prosperity
EditorsZeray Yihdego, Melaku Desta, Martha Belete Hailu
Place of PublicationCham
PublisherSpringer
Pages119-147
Number of pages28
ISBN (Electronic)978-3-030-24078-3
ISBN (Print)978-3-030-24077-6
DOIs
Publication statusPublished - 2019

Publication series

NameEthiopian Yearbook of International Law
PublisherSpringer
Volume2018
ISSN (Print)2522-5286
ISSN (Electronic)2522-5294

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    Paterson, J. (2019). Production Sharing Agreements in Africa: Sovereignty and Relationality. In Z. Yihdego, M. Desta, & M. B. Hailu (Eds.), Ethiopian Yearbook of International Law 2018: In Pursuit of Peace and Prosperity (pp. 119-147). (Ethiopian Yearbook of International Law; Vol. 2018). Springer . https://doi.org/10.1007/978-3-030-24078-3_6