Selling Hydrocarbon Concessions: A Case Study of the A.P. Moller Sole Concession with Special Regards to the Transferability of Concessionary Privileges

Rasmus Grønved Nielsen

Selling Hydrocarbon Concessions: A Case Study of the A.P. Moller Sole Concession with Special Regards to the Transferability of Concessionary Privileges

Faculty of Law

Abstract

This study examines selected transferability issues arising from A.P. Moller - Maersk A/S’ recent sale to Total S.A. of its Sole Concession to explore for and produce hydrocarbons. To do so, the article accounts for the motley history of the Sole Concession focusing on the tendency to resolve disputes through negotiation and agreements. The article’s main hypothesis is that the Sole Concession and its appurtenant agreements have a hybrid legal nature. Using an integrative private/public law approach, the article analyses some of the issues related to the transferability of negotiated privileges linked to the Sole Concession. It is concluded that to fully comprehend the complexity of the Sole Concession and its appurtenant agreements, it is necessary to draw on both private and public law norms and arguments. The conclusion is put into perspective by reference to the Continental European concept of ‘administrative contracts’.

Original language	English
Journal	European Energy and Environmental Law Review
ISSN	1879-3886
Publication status	Accepted/In press - Feb 2020

Keywords

Faculty of Law

Cite this

@article{4dcc13104b9642d9995dee234ac97c7d,

title = "Selling Hydrocarbon Concessions: A Case Study of the A.P. Moller Sole Concession with Special Regards to the Transferability of Concessionary Privileges ",

abstract = "This study examines selected transferability issues arising from A.P. Moller - Maersk A/S{\textquoteright} recent sale to Total S.A. of its Sole Concession to explore for and produce hydrocarbons. To do so, the article accounts for the motley history of the Sole Concession focusing on the tendency to resolve disputes through negotiation and agreements. The article{\textquoteright}s main hypothesis is that the Sole Concession and its appurtenant agreements have a hybrid legal nature. Using an integrative private/public law approach, the article analyses some of the issues related to the transferability of negotiated privileges linked to the Sole Concession. It is concluded that to fully comprehend the complexity of the Sole Concession and its appurtenant agreements, it is necessary to draw on both private and public law norms and arguments. The conclusion is put into perspective by reference to the Continental European concept of {\textquoteleft}administrative contracts{\textquoteright}.",

keywords = "Faculty of Law, concessions, energy concessions, hydrocarbon concessions, administrative contracts, transferability, concessionary priveleges, hybrid legal nature, privat/public law schism",

author = "Nielsen, {Rasmus Gr{\o}nved}",

year = "2020",

month = feb,

language = "English",

journal = "European Energy and Environmental Law Review",

issn = "1879-3886",

publisher = "Kluwer Law International",

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TY - JOUR

T1 - Selling Hydrocarbon Concessions

T2 - A Case Study of the A.P. Moller Sole Concession with Special Regards to the Transferability of Concessionary Privileges

AU - Nielsen, Rasmus Grønved

PY - 2020/2

Y1 - 2020/2

N2 - This study examines selected transferability issues arising from A.P. Moller - Maersk A/S’ recent sale to Total S.A. of its Sole Concession to explore for and produce hydrocarbons. To do so, the article accounts for the motley history of the Sole Concession focusing on the tendency to resolve disputes through negotiation and agreements. The article’s main hypothesis is that the Sole Concession and its appurtenant agreements have a hybrid legal nature. Using an integrative private/public law approach, the article analyses some of the issues related to the transferability of negotiated privileges linked to the Sole Concession. It is concluded that to fully comprehend the complexity of the Sole Concession and its appurtenant agreements, it is necessary to draw on both private and public law norms and arguments. The conclusion is put into perspective by reference to the Continental European concept of ‘administrative contracts’.

AB - This study examines selected transferability issues arising from A.P. Moller - Maersk A/S’ recent sale to Total S.A. of its Sole Concession to explore for and produce hydrocarbons. To do so, the article accounts for the motley history of the Sole Concession focusing on the tendency to resolve disputes through negotiation and agreements. The article’s main hypothesis is that the Sole Concession and its appurtenant agreements have a hybrid legal nature. Using an integrative private/public law approach, the article analyses some of the issues related to the transferability of negotiated privileges linked to the Sole Concession. It is concluded that to fully comprehend the complexity of the Sole Concession and its appurtenant agreements, it is necessary to draw on both private and public law norms and arguments. The conclusion is put into perspective by reference to the Continental European concept of ‘administrative contracts’.

KW - Faculty of Law

KW - concessions

KW - energy concessions

KW - hydrocarbon concessions

KW - administrative contracts

KW - transferability

KW - concessionary priveleges

KW - hybrid legal nature

KW - privat/public law schism

M3 - Journal article

SN - 1879-3886

JO - European Energy and Environmental Law Review

JF - European Energy and Environmental Law Review

ER -