What is it about?

This article examines the provisions in the 2010 Russian–Norwegian Treaty on Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean dealing with the management of transboundary hydrocarbon resources. How compatible is the unitization mechanism in the Treaty with Russian and Norwegian legislation? Will there be tension between Russian and Norwegian interpretations? How does Russian and Norwegian legislation support or challenge the concept of a “unit operator” in a cross-border unitization? What are the possible concerns and pitfalls related to mechanisms for consultations and procedures for dispute resolution?

Featured Image

Why is it important?

Successful examples of transboundary field development around the world show that the concept of unitization is viable. However, there are also examples of areas where petroleum development has been either delayed or put on hold because of difficulties in implementing unitization agreements. From a legal perspective, as has been noted, “no jurisdiction has been able to produce a perfect solution for all the problems and difficulties associated with unitization.” The 2010 Cooperation Treaty stands as a significant, state-of-the-art bilateral model for the management of transboundary hydrocarbon resources and is expected to provide the foundation for future cooperation in the Arctic and the development of further norms, internationally and nationally.

Perspectives

Certain issues under the 2010 Cooperation Treaty require further clarification. Whether Russia and Norway will succeed in turning the Treaty into an operating model of cooperation depends on many factors—not only the presence of hydrocarbons, but also there being a common understanding of the crucial principles of unitization and the ability of the states to understand each other. Despite the bilateral tensions, both countries have demonstrated an ability to discuss a large range of complicated questions. When cooperation is the goal, the parties should be able to find a solution.

Irina Fodchenko
University of Oslo

Read the Original

This page is a summary of: Legal Aspects of the Russian–Norwegian Model for Cross-Border Unitization in the Barents Sea and Arctic Ocean, Ocean Development & International Law, June 2018, Taylor & Francis,
DOI: 10.1080/00908320.2018.1479358.
You can read the full text:

Read

Resources

Contributors

The following have contributed to this page