University of TehranJournal Of Researches Energy Law Studies2538-31402220160922the validity and enforceability of “take or pay” clauses in LNG contractsthe validity and enforceability of “take or pay” clauses in LNG contracts1892126272010.22059/jrels.2016.62720FASayyed NasrollahEbrahimiAssistant professor of oil and gas law in Tehran universityKimiaDanaeiPH.D candidate in oil and gas law in Tehran universityJournal Article20160817Since the LNG projects are so capital intensive, often financers do not finance in these projects without making sure about its certain income stream. The main instrument to reach into this certainty for the sellers and financers is inserting the “Take or Pay” clause in the contract. Therefore, today the “take or pay” clause has become the defining characteristic of long term LNG sales contracts. In different legal regimes, some doubts have been raised against the validity and enforceability of this clause. In addition with changing feature of LNG projects, it seems that traditional “take or pay” clauses have lost their efficiency and we need to step back and reevaluate the traditional “take or pay” structure in today’s evolving LNG marketplace. Considering the validity and enforceability of “take or pay” clauses in different legal regimes and the reasons of their inefficiency and finding some ways to improve the efficiency has been considered in this article.Since the LNG projects are so capital intensive, often financers do not finance in these projects without making sure about its certain income stream. The main instrument to reach into this certainty for the sellers and financers is inserting the “Take or Pay” clause in the contract. Therefore, today the “take or pay” clause has become the defining characteristic of long term LNG sales contracts. In different legal regimes, some doubts have been raised against the validity and enforceability of this clause. In addition with changing feature of LNG projects, it seems that traditional “take or pay” clauses have lost their efficiency and we need to step back and reevaluate the traditional “take or pay” structure in today’s evolving LNG marketplace. Considering the validity and enforceability of “take or pay” clauses in different legal regimes and the reasons of their inefficiency and finding some ways to improve the efficiency has been considered in this article.https://jrels.ut.ac.ir/article_62720_a6fda6a7e78e91f21bd29781e68401af.pdfUniversity of TehranJournal Of Researches Energy Law Studies2538-31402220160922بررسی صلاحیت های کمیسیون آب های زیر زمینی در حقوق آب ایرانبررسی صلاحیت های کمیسیون آب های زیر زمینی در حقوق آب ایران2132286272110.22059/jrels.2016.62721FASeyed NaseraldinBadisarPh.D. student of Public law, Department of law, Islamic Azad University Isfahan (Khorasgan) Branch, IsfahanSeyed Mohammad SadeghAhmadiAssistant Professor of Public law, Department of law, Islamic Azad University Isfahan (Khorasgan) Branch, Isfahan, IranJournal Article20160905بحران آب در سطح جهانی و تلاش دولتها برای مبارزه با خشکسالی و قحطی و آثار ناشی از آن دولتها را بر آن داشته است تا نهایت تلاش خود را برای کنترل و استفاده از منابع آبهای زیرزمینی به کار گیرند. تحول بزرگ در عرصه قانونگذاری در بخش آب، تصویب " قانون آب و نحوه ملی شدن" بود. تحول بزرگ در این قانون، تعریف نظام حقوق آب مبتنی بر صدور مجوز بهره برداری از سوی دولت بود، هدف اصلی این قانون توسعه پایدار منابع آب بود، هرگونه بهره برداری از این منابع تحت نظارت دولت قرار گرفت و با گرفتن پروانه بهره برداری از دولت امکانپذیر شد.در قانون توزیع عادلانه آب و قانون تعیین تکلیف چاه های آب فاقد پروانه بهره برداری کمیسون صدور پروانه ها و کمیسیون آب های زیر زمینی پیش بینی شده است که در این مقاله به بررسی صلاحیت آنها در حقوق آب ایران با تکیه بر نصوص قانونی و آراء مراجع عالی قضایی پرداخته می شود.بحران آب در سطح جهانی و تلاش دولتها برای مبارزه با خشکسالی و قحطی و آثار ناشی از آن دولتها را بر آن داشته است تا نهایت تلاش خود را برای کنترل و استفاده از منابع آبهای زیرزمینی به کار گیرند. تحول بزرگ در عرصه قانونگذاری در بخش آب، تصویب " قانون آب و نحوه ملی شدن" بود. تحول بزرگ در این قانون، تعریف نظام حقوق آب مبتنی بر صدور مجوز بهره برداری از سوی دولت بود، هدف اصلی این قانون توسعه پایدار منابع آب بود، هرگونه بهره برداری از این منابع تحت نظارت دولت قرار گرفت و با گرفتن پروانه بهره برداری از دولت امکانپذیر شد.در قانون توزیع عادلانه آب و قانون تعیین تکلیف چاه های آب فاقد پروانه بهره برداری کمیسون صدور پروانه ها و کمیسیون آب های زیر زمینی پیش بینی شده است که در این مقاله به بررسی صلاحیت آنها در حقوق آب ایران با تکیه بر نصوص قانونی و آراء مراجع عالی قضایی پرداخته می شود.https://jrels.ut.ac.ir/article_62721_9ff5de8cb0011013e4ee4501861057cf.pdfUniversity of TehranJournal Of Researches Energy Law Studies2538-31402220160922Analysis of the Effectiveness of Iran's Penal Policy in Relation to Water Related OffencesAnalysis of the Effectiveness of Iran's Penal Policy in Relation to Water Related Offences2292526272210.22059/jrels.2016.62722FAHamidBahremandAssistant Professor, Criminal Law and Criminology Department, University of Tehran0000-0001-8523-7004SinaRostamiM.A. Student in Criminal Law and Criminology, University of TehranJournal Article20160927Human life dependency on water and water resources and its unique role in public and social needs is not deniable. However, improper use of water resources and pouring industrial wastewater are some of factors that have caused water pollution. The damage caused by these acts is in a manner that can disrupt public order. Therefore, government intervention is necessary to prevent the commission of such acts. One of the tools of government intervention to protect water resources, is to resort to the criminal law. So, considering the publicity of water resources and the necessity of criminal protection, in Iranian legal system some conducts are criminalized for the purpose of protection of Constitution provisions.<br /> In this article we explain the basics of criminal protection of water and various laws and the constituent elements of offenses in this area will be discussed. Due to the economic aspect of some of these offenses, current criminal sanctions and their sufficiency to deter committing these crimes will be analyzed and eventually some suggestion for amending current laws will be introduced.Human life dependency on water and water resources and its unique role in public and social needs is not deniable. However, improper use of water resources and pouring industrial wastewater are some of factors that have caused water pollution. The damage caused by these acts is in a manner that can disrupt public order. Therefore, government intervention is necessary to prevent the commission of such acts. One of the tools of government intervention to protect water resources, is to resort to the criminal law. So, considering the publicity of water resources and the necessity of criminal protection, in Iranian legal system some conducts are criminalized for the purpose of protection of Constitution provisions.<br /> In this article we explain the basics of criminal protection of water and various laws and the constituent elements of offenses in this area will be discussed. Due to the economic aspect of some of these offenses, current criminal sanctions and their sufficiency to deter committing these crimes will be analyzed and eventually some suggestion for amending current laws will be introduced.https://jrels.ut.ac.ir/article_62722_5540347ae8add3ef7bc08a982ed5eb2a.pdfUniversity of TehranJournal Of Researches Energy Law Studies2538-31402220160922Evaluation and analysis of fiscal regime in Production Sharing Contracts (PSC)Evaluation and analysis of fiscal regime in Production Sharing Contracts (PSC)2532786272310.22059/jrels.2016.62723FAMohammadTavakoliAssistant Professor of Accounting and financeVali AllahAeineh NeginiMSc Student, Finance, Petroleum University of TechnologyAdelBahramiMSc Student, Finance, Petroleum University of TechnologyJournal Article20161020Looking at the variety of contractual systems in the oil industry shows that countries across the world use different exploration and development contracts in their oil fields. However, oil and gas industry is covered with three contractual systems (concession, Product Sharing Contracts (PSC) and service contracts) and exploration and exploitation activities of projects are assigned by this system. But if we review the contract items and elements, we can understand a wide variety of contractual systems. Based on this analysis and evidence projects with same conditions may have different fiscal regimes. Therefore, with this interpretation, financial, technical and legal issues are significant factors in contractual system. Based on contract's name we could not judge impartially.<br /> In this article fiscal regime in product sharing agreements are explained and analyzed. Then it is shown how threshold and trigger effect the government and investors take. Finally, fiscal regime factors and this effects in oil and gas project return will be explained.Looking at the variety of contractual systems in the oil industry shows that countries across the world use different exploration and development contracts in their oil fields. However, oil and gas industry is covered with three contractual systems (concession, Product Sharing Contracts (PSC) and service contracts) and exploration and exploitation activities of projects are assigned by this system. But if we review the contract items and elements, we can understand a wide variety of contractual systems. Based on this analysis and evidence projects with same conditions may have different fiscal regimes. Therefore, with this interpretation, financial, technical and legal issues are significant factors in contractual system. Based on contract's name we could not judge impartially.<br /> In this article fiscal regime in product sharing agreements are explained and analyzed. Then it is shown how threshold and trigger effect the government and investors take. Finally, fiscal regime factors and this effects in oil and gas project return will be explained.https://jrels.ut.ac.ir/article_62723_7c03309f337ed1361d62b547e2247456.pdfUniversity of TehranJournal Of Researches Energy Law Studies2538-31402220160922Criminal support challenges of Qanats (Case Study Gonabad Ghasabe Qanat)Criminal support challenges of Qanats (Case Study Gonabad Ghasabe Qanat)2793046272410.22059/jrels.2016.62724FASeyed HosseinHosseiniAssociate Professor, Faculty of Law & Political Science, Ferdowsi University of MashhadZoheirJahandidehM.A Student of Criminal Law & Criminology, Faculty of Law & Political Science, Ferdowsi University of MashhadJournal Article20161103Qanats to provide drinking water and agriculture on the one hand and on the other hand the benefits of the attracting foreign tourists and Internal have great economic importance. Also valid reason the dating back Qanats and ancient civilization of the country's be. So it seems necessary protection and conservation of Qanats. In the meantime, the borough subterranean Gonabab as The deepest Qanats world, in addition to being unparalleled role In the urban and rural development plays Gonabad, with world record UNESCO, with privacy requirements such as increasing breadth of, been associated.in addition management solutions Correct and optimal exploitation, position and effective role laws, especially criminal laws can be used. Study support Criminal relying on subterranean Qanats in Gonabad borough will show these supports is boasts what the weaknesses and challenges. They identify cases where can increase the effectiveness of criminal law in support of the Gonabad Ghasabe Qanat.Qanats to provide drinking water and agriculture on the one hand and on the other hand the benefits of the attracting foreign tourists and Internal have great economic importance. Also valid reason the dating back Qanats and ancient civilization of the country's be. So it seems necessary protection and conservation of Qanats. In the meantime, the borough subterranean Gonabab as The deepest Qanats world, in addition to being unparalleled role In the urban and rural development plays Gonabad, with world record UNESCO, with privacy requirements such as increasing breadth of, been associated.in addition management solutions Correct and optimal exploitation, position and effective role laws, especially criminal laws can be used. Study support Criminal relying on subterranean Qanats in Gonabad borough will show these supports is boasts what the weaknesses and challenges. They identify cases where can increase the effectiveness of criminal law in support of the Gonabad Ghasabe Qanat.https://jrels.ut.ac.ir/article_62724_ba0911b036b782c6f5bce21eba07f896.pdfUniversity of TehranJournal Of Researches Energy Law Studies2538-31402220160922Legal analysis of articles of the water pollution: comparative study case of Karun River and its national and international responsibilitiesLegal analysis of articles of the water pollution: comparative study case of Karun River and its national and international responsibilities3053226272510.22059/jrels.2016.62725FAJalilMalekiprofessor of private law and chief of Tehran's Azad University Law SchoolMohammadAbdolahimaster studant Oil and gas law in Tehran universityLeilaBajelanmaster studant international of law in Moufid universityJournal Article20161123Abstract<br /> Karun River is the only navigable river in Iran. In addition to these features, it is the only river that has relationship with international waters and oceans of the world. However, in a few past years it has changed to a low-water and polluted river ad it is used as a means to transfer the urban and rural sewage. All these factors have caused that the River Pollution makes troubles not only the drinking water of people of the province, but also the quality of water for agriculture and crop production with high quality and quantity especially in the central and southern parts of the province. the countries have to provide domestically and internationally the rules and conventions regarding pollution of surface waters so that they provide grounds for preventing contamination of rivers including the Karun.In this article, it has been tried to present a legal analysis of the legal articles in the field of protection of surface waters against pollution of water especially protection and restoration of the Karun. National and international responsibility of Iran against pollution of Karun River is reviewed. At last, some suggestions and solutions will be made in order to revive it.Abstract<br /> Karun River is the only navigable river in Iran. In addition to these features, it is the only river that has relationship with international waters and oceans of the world. However, in a few past years it has changed to a low-water and polluted river ad it is used as a means to transfer the urban and rural sewage. All these factors have caused that the River Pollution makes troubles not only the drinking water of people of the province, but also the quality of water for agriculture and crop production with high quality and quantity especially in the central and southern parts of the province. the countries have to provide domestically and internationally the rules and conventions regarding pollution of surface waters so that they provide grounds for preventing contamination of rivers including the Karun.In this article, it has been tried to present a legal analysis of the legal articles in the field of protection of surface waters against pollution of water especially protection and restoration of the Karun. National and international responsibility of Iran against pollution of Karun River is reviewed. At last, some suggestions and solutions will be made in order to revive it.https://jrels.ut.ac.ir/article_62725_87f5ee34717357160c46023bfcc4ccb8.pdfUniversity of TehranJournal Of Researches Energy Law Studies2538-31402220160922barriers and solutions for the operation of Iran's oil and gas shared resourcesbarriers and solutions for the operation of Iran's oil and gas shared resources3233466272610.22059/jrels.2016.62726FAJafarNoryTehran university professor,faculty of law and political scienceFatemehKhoshchehrehPhd candidate at Tehran University, faculty of law and political scienceJournal Article20170111Islamic republic of Iran as a major holder of oil and gas reservoir in the world,has a broad investment in exploration and operation phase in common oil and gas fields in recent years while this country has about 28 of this common field with it's Neighboring country.<br /> as the other party tried to invest in these fields mutually in last two decades, Iran has to operate and invest intensively on shared fields.<br /> to achieve this goal, barriers which causes failure in operating and financing should identified first and then solutions fir solving the problem needs to be designed. in this research we try to to clarify these barricades whether in contractual forms or not, beside proposing solutions like amendment of petroleum contract , increasing stabilization of contracts as well as diplomatic ways and new financing methods and managing local resources in order to enhanced recovery of fields.Islamic republic of Iran as a major holder of oil and gas reservoir in the world,has a broad investment in exploration and operation phase in common oil and gas fields in recent years while this country has about 28 of this common field with it's Neighboring country.<br /> as the other party tried to invest in these fields mutually in last two decades, Iran has to operate and invest intensively on shared fields.<br /> to achieve this goal, barriers which causes failure in operating and financing should identified first and then solutions fir solving the problem needs to be designed. in this research we try to to clarify these barricades whether in contractual forms or not, beside proposing solutions like amendment of petroleum contract , increasing stabilization of contracts as well as diplomatic ways and new financing methods and managing local resources in order to enhanced recovery of fields.https://jrels.ut.ac.ir/article_62726_61712d5833776a091b7d60d298b83cb8.pdf