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A complete review by Sam Dunkley will appear in the next issue of the JWELB, December 2012. relatively short time. This article also gives an account of some of the challenges that this country will face in the future in order to maintain its position as one of the largest hydrocarbons producers in Latin America. First legislative actions to shape the environment of the shale gas business in Poland in 2012: prospects for further changes Jędrzej Górski In Poland, the new Geological and Mining Law of 9 June 2011 entered into force on 1 January 2012. Some seemingly minor changes introduced by the new law will significantly facilitate the operation of mining enterprises that are now prospecting for shale gas. What has not been resolved by the new act, however, is the fiscal model for the shale business in Poland in terms of both the one-off initial fee and the subsequent exploitation royalties. New Commissioning editor of JWeLB Sarah Harris became the Journal’s new commissioning editor July 1. She has been a journal commissioning editor with OUP since 2005, working on the Journal of IP Law & Practice. Prior to that she was a senior publishing editor with UK law publisher Sweet & Maxwell, part of Thomson Reuters. She has worked in the field of law publishing since 1994, and her academic background is in Law with French, with an LLM focusing on comparative law. “Disastrous Decisions – the Human and Organisational Causes of the Gulf of Mexico blowout” Professor Andrew Hopkins 1 (CCH, paperback, ISBN 978 1 921948 77 0) (Reviewer: Sam Dunkley 2 ) Summary Andrew Hopkins is probably the world’s leading Professor on safety issues, but this is no “academic” text. This is a practical and readable summary of why the disaster occurred, and what the industry needs to do to prevent a recurrence. It will be recognised as the leading text in this area, and will be a key resource for all stakeholders –politicians, regulators, investors, IOCs/NOCs and the drilling and service companies. It should also serve as a catalyst for discussions among all these stakeholders – including between operators and non-operators. In just 194 pages 3 Hopkins summarizes the key themes from thousands of pages of reports and literature generated since (and before) Macondo on major hazard risk issues. Most importantly – as his title indicates – he concentrates mainly not on what happened, but why: “It is not enough to know that people made mistakes; we need to know why they made these mistakes if we are to have any hope of preventing them or others from making the same mistakes again.” Hopkins wrote in an earlier book - “Mindful leaders feel a constant state of unease” 4 . Not every AIPN member is an industry “leader”, and clearly the main responsibilities lie with our colleagues/clients in line management and relevant functions (drilling, operations, safety, procurement, HR). But we certainly need to be mindful, share the “state of unease”, and contribute to the industry’s improvement efforts to the best of our ability. We need to study this work and discuss the issues with those clients/colleagues, including at Board level. And a related issue for us is that the bar is being raised both in terms of the liability of directors and officers in some regimes (e.g. the developing case law on “corporate manslaughter ” in the UK) and arguably in terms of the “reasonable and prudent operator” standard under our JOAs. Professor Hopkins has done the industry a service in producing this remarkable text, building on his experience of major accident enquiries over the past 20 years - and we should take advantage of it. 1 Emeritus Professor of Sociology at the Australian National University, Canberra 2 Solicitor; Senior Principal Counsel, Upstream, BG Group plc 3 Including two well chosen appendices and thorough footnotes, bibliography and index. 4 He discusses “mindful leaders” in this 12 minute video: http://www.youtube.com/watch?v=xyqNWrkz7hs . Another notable video (55 minutes) in which he appears briefly is on the Chemical Safety and Hazard Investigation Board’s landmark report on the Texas City refinery disaster: http://www.csb.gov/investigations/detail.aspx?SID=20&Type=2&pg=1&F_All=y SEPTEMBER 2012 • 31
Continuing Education AIPN hosts major professional conferences annually, featuring seasoned speakers and panelists offering insight into emerging trends and issues impacting international negotiators. These events also provide enjoyable forums for networking and socializing. Important Dates NOC Conference November 5, 2012 Hotel reservation deadline Negotiation Skills Workshop November 12, 2012 Early registration ends November 19, 2012 Hotel deadline Important Dates - Membership Renewal begins October 1, 2012 Please pay for 2013 Dues by December 31, 2012 Late fees begin February 1, 2013 SeeYou at these Events Unpaid members deactivated April 1, 2013 SEPTEMBER 2012 • 32 Dispute Resolution in the International Oil and Gas Business October 12 - 13, 2012 ITC Maurya New Delhi, India Co-hosted with LCIA India, this conference will cover current and emerging issues in oil and gas disputes, investor-state disputes, Bilateral Investment Treaties, oil and gas disputes in the Middle East and Asia, how damages are assessed in energy transactions, and more. International Conference October 21 - 24, 2012 Windsor Atlantica Hotel Rio de Janeiro, Brazil The theme of this year’s International Conference is “International Oil Industry Going to Rio: Capitalizing on Latin American Growth.” The Windsor Atlantica, the newest 5 star hotel in Copacabana is located near the beautiful Copacabana sea and five minutes from Ipanema Beach. Shopping malls, cinemas, theaters, fashionable restaurants, and lively bars are close to the hotel as well as easy access to main tourist spots and the two airports in Rio de Janeiro. NOC Conference December 4 - 6, 2012 Landmark Hotel London, UK The Conference and Workshop will feature keynote sessions in the morning and breakout workshops for the remainder of each day. This interactive event is designed for commercial and legal representatives of national oil and gas companies, representatives of ministries and agencies that interact with or oversee the development of hydrocarbons, as well as geologists, engineers, lawyers, and economists. The workshops encourage participation from attendees. Many of you have practical experience and the workshops are designed to explore and consider as a group the application of that knowledge. The event will bring together professionals, experienced teachers and negotiators, providing an unparalleled opportunity to learn and network with active negotiators from across the industry. We expect leading decision makers, deal makers, CEOs and others from government entities, oil companies, law and commercial firms to come together in London to actively participate, engaging in the discussions and contributing to the exchange of information, ideas, experience and learning. Negotiation Skills Workshop December 11 - 13, 2012 The Houstonian Hotel Houston, Texas USA Come and let more than 145 years of negotiations experience from your AIPN colleagues help you enhance and broaden your negotiating skills. The workshop is specifically designed to assist individuals relatively new to commercial negotiations and/or the international side of the E&P industry; it is also a fantastic refresher for more senior negotiators seeking to sharpen their negotiating skills.
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