- “The Internal Energy Market” Antonio Cardoso e Cunha, Journal of Energy and Natural Resources Law Volume 9, No 4, page 291.
- COM (91) 548, OJ C 65/04 & C 65/05, 14 March 1992.
- Oxford Energy Forum August 1992, page 13.
- “Single Market Stalemate” Financial Times, Thursday 14 May 1992.
- “Increasing Competition for British Gas?” Charlotte Villiers, Utilities Law Review, Spring 1992, page 7.
- COM (88) 238.
- See further the author's section on “Environment and Consumers” in Law of the European Communities Service, Butterworths.
- OJ L 313/30, 13 November 1990.
- OJ L 147/37, 12 June 1991.
- OJ L 185/16, 17 July 1990.
- See footnote 2 above, and accompanying text.
- Gas Matters, 30 January 1992, page 19.
- Gas Matters, 30 January 1992, page 21.
- Proposal for a Council Directive on the Transit of Natural Gas Through the Major Systems, COM (89) 334, 6 September 1989, and proposal for a Council Directive on the Transit of Electricity Through Transmission Grids, COM (89) 336, 29 September 1989.
- Report of the Committee for Coordiation of Joint Prospecting for Mineral Resources in Asian Offshore Areas of the Economic Commission for Asia and the Fast East, Sixth Session 10, UN Doc E/CN.11/:239 (1969).
- Petroleum Intelligence Weekly, 17 August 1992, at p7.
- Regulations of the People's Republic of China on the Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises, 30 January 1982 (to be referred to as “the 1982 Regulations”), Article 5.
- Constitution of CNOOC, Article 2.
- As per Official of CNOOC, People's Daily, 17 February 1982, at p2.
- Which in 1988 replaced and took over the government functions of the former Ministry of Petroleum.
- Which took over in 1983 the functions of the Foreign Investment Commission as referred to in the 1982 Regulations.
- The 1982 Regulations, Articles 4 & 6.
- On one occasion, CNOOC tried to improve efficiency by sponsoring officals from these governmental organisations for a so-called fact-finding tour abroad. Such an effort did work for a short while but one may wonder how many tours of this kind can CNOOC afford in order to solve the problem once and for all.
- But courtesy visits to them are highly recommended.
- RO Jackson, “China's Oil Difficulties”, Petroleum Review, June 1982 at p l8.
- Another 14 bilateral petroleum contracts were signed outside of the formal bidding round, perhaps, on similar terms.
- Per Bruce Vernor in China's Sinking Surplus, The China Business Review, March-April 1990.
- The Income Tax Law concerning Enterprises with Foreign Investment and Foreign Enterprises.
- See Section 3.2 below for details.
- Jeanette Greenfield, China and the Law of the Sea, Air and Environment, at p 129.
- “Much needed Boost for China Offshore Industry”, Lloyd's List, 19 October 1991.
- The Law of the Territorial Sea and the Adjacent Zone of the PRC, Article 2.
- Petroleum Economist, July 1992, at p33.
- An area which may now be negotiable is the Chairmanship of the Joint Management Committee that CNOOC has always insisted on being held by the representative of CNOOC.
- Beijing Review, 2–8 March 1992, at p31.
- eg Rules on the Levy and Exemption of Customs Duties and Consolidated Industrial and Commercial Tax on Imports and Exports for the Chinese-Foreign Cooperative Exploitation of Offshore Petroleum.
- Article 20 of the Provisional Rules on the Registration and Administration of the Exploitation of Oil and Natural Gas issued by the Ministry of Petroleum on 24 December 1987.
- The 1982 Regulations, Article 14.
- Promulgated by the State Administration for Industry and Commerce on 12 March 1983.
- In the Completed Collection of the Laws of the PRC Regularily in Use (Legal Press, Beijing, 1988), none of the tax laws collected was promulgated before 1980.
- The Income Tax Law for Foreign Investment Enterprises and Foreign Enterprises, Article 5.
- The Detailed Rules for the Implementation of Income Tax Law for Foreign Investment Enterprises and Foreign Enterprises, Article 48.
- Chapter 3.
- The 1982 Regulations, Section 22.
- The Third Round Model Contract, Article 4.6.2.1.
- Article 4.6.2.2.
- IMO Resolution A. 672 (16) as adopted on 19 October 1989.
- The Third Bidding Round Model Contract, Article 26.2.
- But where the UNCITRAL Rules are in conflict with the arbitration provisions of the petroleum contracts, the latter shall prevail.
- China's preference of the Stockholm Chamber of Commerce in matter of arbitration is once again shown through such a provision.
- There have so far no disputes arising from China's petroleum contracts that have been referred to arbitration.
- The Offshore Regulations, Section 3.
- Section 3.
- There is for the time being no Company Law or Petroleum Law in China.
- eg Under Article 30 of the 1982 Regulations, detailed rules for the implementation of the Regulations should be formulated by the Ministry of Petroleum. It has been 10 years since the promulgation and the Ministry of Petroleum no longer exists, but there is still no sight of the detailed rules. Or is there a need for them now?
- Even if there is any change in government policies etc, it is probably changing for the better.
Journal of Energy & Natural Resources Law
Volume 11, 1993 - Issue 1