Spring. (Exam each semester.)

Combines successfully with: JUS270-2-A Economic Analysis of Law

The Energy law course covers the regulation of Petroleum production (upstream activity), seen in a more broad context of Energy law. The course will use Norwegian law as illustration, but will concentrate on basic elements of Petroleum and Energy law, and has a strong Comparative as well as International focus. The course will contain considerable elements of International and European law, as well as national law in Norway and other relevant countries as UK, Australia and Russia.

Petroleum production is to a great extent made Offshore. This raises question on jurisdiction and ownership of petroleum resources, as well as other resources in marine areas and also in Arctic areas. Limitation of the Continental shelf and jurisdiction on the Continental shelf is thus an important part of the course.

Another central area is the system for giving national and foreign companies access to the petroleum resources and organizing the State participation in the petroleum activity. The License system and the use of Joint venture agreements to secure state control as well as effective and secure activity is one main part of the course. Central issues are criteria for granting licenses under the EU directive and National law. The States direct involvement in Petroleum activity is another important issue.

The Joint Operating Agreement as business agreements is also covered. The Joint Operating Agreement is a specialised form of agreement used in international petroleum and mineral industry, in order to organise the activity and share the risk.

The course also covers the main elements of the Taxation system for petroleum in Norway and the UK, and comparison with other system, especially the Production sharing agreements used in many countries.

The regulation of the activity with demands on security and environment is another important aspect of Petroleum law. This also involves the closing down of fields and removal of installations. Here the relation to international maritime and environmental law will also be an important part of the course. Another important aspect is liability for pollution damage and other damage to the environment and fisheries.

Division of petroleum and transport especially of natural gas is another important aspect of upstream Petroleum law. Also in this are EU law are important with the Natural gas market directive as an important source. The principle of Third party access to installations and pipelines, which is an important principle in Energy law, will be discussed in this context.

The course also covers the main principles of the regulation of procurement of goods and services for the Petroleum activity, as an important aspect of regulating the role of Petroleum activity in the Economy.

The course will give the students a fundamental understanding of terms, problems and basic principles and legal concepts used in Petroleum and Energy law, and a sound knowledge of the Norwegian Petroleum Regulatory Framework as well as the International rules on jurisdiction and ownership of petroleum resources and the EU-regulation of the Petroleum sector. The students will also have a general understanding of the problems and main principles in taxation and government take in Petroleum activity.

Upon completion of the course, the student should be able to apply legal principles and regulations in problem-solving in petroleum law and Energy law in general and understand the relation between national and international law in petroleum regulation.

The course is available for the following students:

• Admitted to the integrated master programme in law
• Admitted to the two-year master programme in law
• Granted admission to elective courses at the Faculty of Law
• Granted additional right to study following completed master degree in law at UiB
• Exchange students at the Faculty of Law

The pre-requirements may still limit certain students¿ access to the course

Exam each semester.

Four hours digital school exam.

Information about digital examination can be found here:

http://www.uib.no/en/education/87471/digital-examination.

A - E for passed, F for failed.

Exam language:

• Question paper: English
• Answer paper: English

Support materials allowed during exam:

See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.

 In addition:

- Collection of relevant material supplied by the Faculty of Law

Special regulations about dictionaries:

• According to the Regulations for Studies, one dictionary is permitted support material during the examination. Bilingual dictionaries containing for example both Norwegian-English and English-Norwegian are considered as one dictionary.
• Bilingual dictionaries to/from the same two languages - for example Norwegian-English/English-Norwegian - in two different volumes are also considered as one dictionary (irrespective of publisher or edition).
• Dictionaries as described above cannot be combined with any other types of dictionaries.
• Any kind of combination which makes up more than two physical volumes is forbidden.
• In case a student has a special need for any other combination than the above mentioned, such combination has to be clarified with/approved by the course coordinator minimum two weeks before the exam. Students who have not been granted permission to have a special combination minimum two weeks before the exam will be subject to the http://www.uib.no/en/jur/22852/supplementary-regulations-studies-faculty-law-university-bergenusual regulations (Section 3-5) about examination support materials.

Course teacher: Professor Ernst Nordtveit

Administrative contact: elective-courses@jurfa.uib.no