Oil & Gas in a Legal Perspective<strong>The</strong> idea of hosting an international seminarin Bergen was formed in the spring semesterof 2001. <strong>The</strong> former President of <strong>ELSA</strong>Bergen and myself started mind droppingvarious subjects and came up with Oil & Gas.Our initiative came from wanting to producesomething made by students - for students.This resulted in creating the biggestseminar ever for law students in Norway!!Who in his right mind would consider participatingin a seminar in Bergen, Norway –that rainy, cold and expensive city way upNorth?? Well – join us and we will prove allthese things wrong! May is traditionally awarm, sunny month in Bergen; actually thelocals argue that it is the finest monththroughout the whole year. Way up North –well, this is true, but which other countries(except New Zealand) can boast with thelong fjords winding between the massivemountains?? This is a piece of beautifulscenery and we will do our very best to showit to you. Expensive you say? Well, it hasbeen a goal for us all the way from the verybeginning of planning the seminar to makeit as reasonable as possible. This has resultedin a participation fee lower than most seminarsheld throughout <strong>ELSA</strong> and that coversall expenses while you are staying here.<strong>The</strong> city of Bergen viewed from the fjord.Living in Norway, especially on the Westcoast, oil and gas are part of our everydaylives. Everyone has a parent, sister, brotheror friend who works within the oil business– be it directly, for instance on a drilling platformin the North Sea, or indirectly, forinstance at a lawyer’s office that practicespetroleum law.<strong>The</strong> Norwegian economy is strongly relianton the oil and gas business. Unique in itsdecision making, the Norwegian parliamenthas created an ‘oil fund’ which is set asidefor the future when our oil and gas reservesare empty – that this someday inevitably willhappen, is hard to believe for many. <strong>The</strong> variousconflicts of interest concerning whereand whether or not to invest this fortune isa hot topic, but will not be touched duringthis seminar.What will the lectures concern?In the following we will give you a shortintroduction to the topics. <strong>The</strong>re are twoquestions that we will seek an answer to inthe introductory topic:1. What kind of law is oil and gas related to?2. In what ways can the knowledge of thiskind of law be useful for you?First of all, countries that produce oil andgas themselves have national legislationthat regulates different aspects of the industry.According to International Law, thenational state has the proprietary right totheir oil and gas resources, and the exclusiveright to take advantage of them. <strong>The</strong>national legislation is often very strict andaims to protect national interests and tomake the development as profitable as possible.A national state can opt to developthe resources themselves or grant internationalcooperation the same right. Norwayhas chosen a combination of the two. Thatis why international cooperations operate inthe North Sea, such as British Petroleum, ELF,Phillips Petroleum and Esso. At this point it isimportant to stress that the seminar is notgoing to be about Norwegian petroleumlaw, but a brief introduction will be given.This introduction will be useful as an exampleto how a national state protects andexplores natural resources.From this point on, the law stops beingnational, and starts being internationaland EU-related.In August 2000, the EU Natural Gas MarketDirective took effect. It has a huge impacton how and to what extent the nationalstate can regulate the development of theirresources. But more important it regulatesthe sales of gas, which has a direct consequencesfor the consumers in Europe.Norway can no longer control the sales ofgas from the North Sea on the market. Gasfrom the North Sea is sold to most of theCentral and South European countries, suchas Germany, Spain, Portugal, France, GreatBritain etc. <strong>The</strong> same goes for theNetherlands who also sell gas to centralEurope. During the seminar we will take acloser look at various aspects of theDirective. As a negotiator, contract lawyer,or simply a consumer of gas in Europe, thisknowledge can be useful.Other than what is said above, contracts areclosed between different market playerswith different nationalities in the oil and gasindustry every day. Surely InternationalContract Law and Competition Law are ofgreat importance, and will be topics duringthe seminar.Production and transportation of oil can bea threat to the environment, that’s why wewill take a closer look on how Maritime andEnvironmental law deal with this problem.After, or in between, the lectures we willhave working groups on the topics presented.This way the participants will, throughJonathan G. W. SunnarvikÅshild Øverland<strong>ELSA</strong> Bergenworking actively with the material, achievea greater knowledge on the various topics.As mentioned, this is only a short introductionto what the topics will be. For moreinformation, please visit our website wherethe academic information will be updatedas much as possible at all times.<strong>The</strong> 17th of May – the day Norway celebratesits constitution.Tourists who come to Norway and are luckyenough to be here this particular day get alifetime experience. From early morningchildren, organisations, schools, soccer clubsetc. gather together and form a parade. <strong>The</strong>parade leads through the various city centresall over the country accompanied by theapplause of thousands of spectators everywhere.Everyone, dressed in the nationalsuits (bunad) or their finest attire, wavingthe Norwegian flag and singing the nationalanthem, crowd the streets and jointogether in festivity.Grab the opportunity to join us in this celebrationand experience the renownedatmosphere created.Eager <strong>ELSA</strong> students participate in the makingof Oil & Gas in a Legal Perspective! <strong>The</strong>academic programme is put together by studentsspecialised in the fields of law coveredby this seminar, in close cooperation with<strong>The</strong> Faculty of Law in Bergen and our sponsors.<strong>The</strong> social programme during the seminar ismade with the intention of showing all theparticipants our beautiful city, impressivescenery and the warm welcoming people ofBergen, Norway. Everyone will be lodged inguesthouses in the city centre of Bergenwith only a two-minute walk to the law faculty,which is part of the city’s University ofBergen. With the looming nightlife – largelyinfluenced by approximately 35 000 students– we promise you a hefty time out!!Join us in Bergen and let us show you thetime of your life!Please visit our website onwww.elsa.no/seminar for more information.From the 17th of May procession in the citycentre.27
Fun and Education go Hand in HandStudy Visit and International ConferenceEnd of November. STOP. 23rd - 30 th November 2001. STOP.Cracow. STOP. International Conference. STOPAgnieszka Kacperska<strong>ELSA</strong> Cracow“E-business Uniting Nations: Legal Aspect of Internet Trading” STOPIt was an unusual conference. Neitherdid we promote it on the forum of <strong>ELSA</strong>International, nor was there any call forapplicants.At the very beginning of planning thisproject we thought about a differentform, different from other international<strong>ELSA</strong> conferences.As participants, we invited 4 local groupsfrom 4 countries: <strong>ELSA</strong> Brno (CzechRepublic), <strong>ELSA</strong> Donieck (Ukraine), <strong>ELSA</strong>Saarbruecken (Germany), <strong>ELSA</strong> Vilnius(Lithuania) with whom we cooperate thelongest and with whom we were thinkingfor a longer time to have such anevent.We decided to combine the conferencewith a study visit.I. E-BUSINESS CONFERENCEHere we did not change much; we basedit on a typical programme :<strong>The</strong>re were nine lectures during theweek. <strong>The</strong> topics of them were as follows:1) Making Contracts via Internet, DigitalSignature2) <strong>The</strong> Problem of Proper DomesticRegulations to Follow3) Consumer Protection LawRequirements4) Protection of Databases5) <strong>The</strong> Responsibility of Internet ServiceProviders7) E-Payments8) Taxes9) Application of Internet Technology bythe Local AuthoritiesAs lecturers, we engaged people fromCracow who not only deal with thetheme in theory but also in practice thusenabling our guests to meet people28working with E- business everyday. Thisturned out to be a great idea as manyinteresting discussions took place afterthe lectures.<strong>The</strong> Supervising Patronage over the projectwas taken by Professor J. Barta andProfessor R. Markiewicz from theInstitute of Inventiveness and Protectionof Intellectual Property, a recognisedauthority in Poland on matters such as e-business.II. STUDY VISITApart from lectures we planned the timein very detailed way: the guests couldthus participate in the conference, visitour city and the countryside.<strong>The</strong> participants were shown the OldTown, the Museum of JagiellonianUniversity, the Royal Castle - Wawel, andthe Old Jewish District – Kazimierz.We also organised excursions to the SaltMine in Wieliczka, and to Auschwitz –Birkenau, believing that these places arereally worth visiting.III. <strong>ELSA</strong> SPIRITWhich basically boils down to: party,party, party!Except for the ordinary pub crawling(during which the intention was to showour guests the diversity of pubs inCracow), we spent a very nice eveningtasting the traditional national dishes,prepared by the participants themselves.Our guests also got a taste of a Polishtradition of so called “Andrzejki” (St.Andrew’s Day). It is celebrated onAndrew’s name day, that is the 30th ofNovember with different kinds of futuretelling and special events, such as themost popular “wax pouring” (pouring ofhot wax into cold water and from theshape that is created guessing what willhappen in the nearest future). This wasmuch enjoyed by all the participantsmost of whom had not heard of this traditionbefore.IV. AND WHAT IS LEFT?We are planning to publish the outcomeof the conference in such publications asstudents’ papers of JagiellonianUniversity as all the lectures were recorded,and we obtained conspectuses fromthe lecturers as well.We shall soon publish photos on <strong>ELSA</strong>Cracow`s website. But the things thatwill certainly remain in our minds are thememories.Yet it must be said that if it had not beenfor involvement of the members of <strong>ELSA</strong>Brno, <strong>ELSA</strong> Donieck, <strong>ELSA</strong> Saarbruecken,and <strong>ELSA</strong> Vilnius the whole projectwould not have been such a success.<strong>The</strong>refore I would like to thank theselocal groups for coming to us, and forparticipating in the whole project includingboth the conference and the studyvisit.I hope this conference was a beginningof developing a cooperation betweenlocal groups all over the <strong>ELSA</strong> network.What is a Bilateral StudyVisit ?A Bilateral Study Visit occurs whentwo Local Groups decide to visiteach other (normally for a periodof a week).<strong>The</strong> receiving Local Group takescare of the logistics, and of thesocial and/or academic programme.After this first visit, as the term"Bilateral" indicates, it is time forthe Local Groups to trade their roleand, the now receiving onebecomes the visitor.