Application of the Theory of Dépeçage to Upstream Oil and Gas Contracts

Simple item page
dc.contributor.advisorOshionebo, Evaristus
dc.contributor.authorKarimi, Sahar
dc.contributor.committeememberStewart, Fenner L.
dc.contributor.committeememberUkpabi, Chukwa
dc.date2018-06
dc.date.accessioned2018-04-10T19:26:25Z
dc.date.available2018-04-10T19:26:25Z
dc.date.issued2018-03-29
dc.description.abstractDetermination of the applicable law in upstream oil and gas contracts plays an important role with regards to the parties’ rights and liabilities. There are various approaches regarding the choice of applicable law and different theories have been expressed relating to choice-of-law provisions. This research explores one of these theories called Dépeçage in private international law and conflict of law. The theory of Dépeçage is a concept in private international law that refers to the process of cutting a case into individual issues whereby each issue is constrained to a different applicable choice-of-law analysis. In other words, the theory of Dépeçage is the application of different laws to various legal issues arising from a dispute. The theory was first applied in Tort law and specifically aviation litigation. This research shows that there is an opportunity to gain many advantages by the application of the theory of Dépeçage in upstream oil and gas contracts. However, adopting this theory ought to be treated with caution due to its disadvantages and the issues it may cause if not applied within a specific framework. Therefore, for appropriate application of Dépeçage, upstream oil and gas contracts must meet certain criteria such as protecting parties’ justified expectations, and maintaining parties’ interests. Also, this theory should not be applied in cases where it would lead to dissatisfaction of the contracting parties, destruction of legislative intention, or invalidation of a contract. Moreover, the applicable law that has the greatest concern for each issue must be applied to effectuate the purpose of each of the applied rules. In other words, choice-of-law values are significant principles for the application of Dépeçage. Lastly, judges and arbitrators must provide criteria and legal reasons for the application of Dépeçage in upstream oil and gas contracts during the dispute resolution process.en_US
dc.identifier.citationKarimi, S. (2018). Application of the Theory of Dépeçage to Upstream Oil and Gas Contracts (Master's thesis, University of Calgary, Calgary, Canada). Retrieved from https://prism.ucalgary.ca. doi:10.11575/PRISM/31771en_US
dc.identifier.doihttp://dx.doi.org/10.11575/PRISM/31771
dc.identifier.urihttp://hdl.handle.net/1880/106483
dc.language.isoeng
dc.publisher.facultyGraduate Studies
dc.publisher.facultyLaw
dc.publisher.institutionUniversity of Calgaryen
dc.publisher.placeCalgaryen
dc.rightsUniversity of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission.
dc.subjectDépeçage
dc.subjectUpstream Oil and Gas Contracts
dc.subjectDifferent Governing Laws
dc.subjectChoice-of-Law
dc.subjectIssue-by-Issue Basis
dc.subjectConflict of Laws
dc.subject.classificationLawen_US
dc.subject.classificationPolitical Science--International Law and Relationsen_US
dc.subject.classificationSociology--Theory and Methodsen_US
dc.subject.classificationEnergyen_US
dc.titleApplication of the Theory of Dépeçage to Upstream Oil and Gas Contracts
dc.typemaster thesis
thesis.degree.grantorUniversity of Calgary
thesis.degree.nameMaster of Laws (LLM)
ucalgary.item.requestcopytrue
ucalgary.thesis.checklistI confirm that I have submitted all of the required forms to Faculty of Graduate Studies.en_US
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
ucalgary_2018_karimi_sahar.pdf
Size:
817.75 KB
Format:
Adobe Portable Document Format
Description:
Application of the Theory of Dépeçage to Upstream Oil and Gas Contracts
Download
License bundle
Now showing 1 - 1 of 1
No Thumbnail Available
Name:
license.txt
Size:
1.74 KB
Format:
Item-specific license agreed upon to submission
Description:
Download
Collections
Open Theses and Dissertations