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Regulatory challenges in balancing energy security, climate commitments, and investor protections within international oil and gas contracts
Attah Ochinke and Co. Solicitors, Nigeria.
Review
International Journal of Science and Research Archive, 2022, 07(02), 859–875.
Article DOI: 10.30574/ijsra.2022.7.2.0335
Publication history:
Received on 12 November 2022; revised on 26 December 2022; accepted on 29 December 2022
Abstract:
The international oil and gas sector sits at the intersection of competing priorities: ensuring reliable energy supplies, meeting urgent climate commitments, and maintaining robust investor protections within contractual frameworks. Governments face increasing pressure to design and enforce regulatory regimes that secure national energy needs while simultaneously advancing global decarbonization objectives. At a broad level, international contracts in oil and gas are shaped by overlapping influences of public international law, bilateral investment treaties, and domestic regulatory systems. This intersection creates complex environments where energy security and environmental obligations often conflict with the need to uphold contractual stability. Balancing these priorities requires addressing structural tensions. On one hand, states seek flexibility to reform policies in line with climate targets, such as emission reductions or renewable energy transitions. On the other, investors demand contractual assurances stabilization clauses, arbitration mechanisms, and compensation guarantees to mitigate regulatory and political risks. These dual demands highlight the regulatory challenge of reconciling sovereign policy shifts with the sanctity of contracts. Narrowing the focus, disputes arising from environmental regulation, carbon pricing, and exploration restrictions reveal the fragility of current frameworks. Ensuring energy security while transitioning toward low-carbon systems calls for contractual models that integrate adaptive regulatory provisions. Ultimately, achieving balance requires rethinking oil and gas contracts to embed sustainability considerations, preserve investor confidence, and support an orderly energy transition without undermining national and international legal commitments.
Keywords:
Energy Security; Climate Commitments; Investor Protections; International Contracts; Oil and Gas Law; Regulatory Challenges
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Copyright © 2022 Author(s) retain the copyright of this article. This article is published under the terms of the Creative Commons Attribution Liscense 4.0
