La stabilisation des contrats pétroliers

Abstract : The direct foreign investment contract raises, in practice, a long series of very complex legal problems. A Complexity that is particularly accentuated when a foreign investment concerns natural resources, and especially petrol, which remains to this day the most valuable resource for global socio-economic development.This complexity around the petroleum investment contracts can be explained by two main factors. The first factor concerns the differences and even contradictory nature of the contracting parties as well as of their rights stemming from the contract itself. The second factor touching the elements of risk surrounding the petroleum industry as well as its affect on petroleum investment contracts which interrupts their execution.While an investigation into the stability, security and continuity of the petroleum investment contracts requires work decided into two different steps. The first is an interrogation in order to identify the rights and obligations of the two contracting parties "host State and private investor", In view of national and international law. It is also a question of classifying and identifying the legal nature of the petroleum contract as well as the nature and sources of the laws that govern its relation. While the second step focuses on an analysis of the legislative and contractual solutions as well as their applications by international law, national law and the doctrine, in order to perceive a more secure and lasting stability.
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Ebtissam El Kailani-Chariat. La stabilisation des contrats pétroliers. Droit. Université Panthéon-Sorbonne - Paris I, 2017. Français. ⟨NNT : 2017PA01D058⟩. ⟨tel-01977882⟩

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