International Journal of Finance & Managerial Accounting

International Journal of Finance & Managerial Accounting

Legal Ground Governing Iran’s Upstream Oil and Gas Contracts with an Emphasis on Sovereignty and Ownership of Oil Resources

Document Type : Original Article

Authors
mohamad amin salarian 1
ali zare 2
mohsen mohebi 3
1 Ph.D. Student in International Law, Public Law, Department of International Law, faculty of law, science and research branch, Islamic azad university, Tehran, iran
2 Ph.D. in business Law, Assistant Prof. of Department of International Law, faculty of law, science and research branch, Islamic azad university, Tehran, iran
3 Ph.D. in international Law, Assistant Prof. of Department of International Law, faculty of law, science and research branch, Islamic azad university, Tehran, iran
Abstract
After the revolution, the legislator changed his attitude (Principle 45 of the Constitutional Law) and categorized oil and gas reservoirs (mines) among Anfal (property truly belonging to Prophet Mohammad or to any of the imam) and public wealth. In addition, it used the term “Public Ownership” in Principle 44. It seems that although the concept of national and public ownership is different from that of Anfal from ideological viewpoint, there are several similarities between these two concepts with respect to their effects. Most of the post revolution rules put an emphasis on maintaining ownership and sovereignty of oil resources. In this paper, these two concepts and the several interpretations made from them will be discussed.Our guide to the feasibility of contract enforcement is based on the rules which are mostly rooted in the Constitutional Law and are mainly derived from the powers of parliament It should be noted that this paper has been written by using descriptive and analytical method
Keywords
Upstream Contracts
Sovereignty
Ownership
Anfal
  • Hosseini Tehrani, Morteza, (1959), Separation of Public Properties from Anfal Tehran, Law Journal of Bar Association, issue 67
  • Khazaei, Hossein, (1992), Foreign Investment in Iran and Principle 81 of the Constitutional Law, Tehran, Law Journal of Justice Administration, issue 40
  • Saber, Mohammad Reza, Buy Back in Oil and Gas Upstream Sector, First Edition, Tehran, Dadgostar Publications
  • Emadzadeh, Mohammad Reza, Mohammad Ali Emadzadeh, Ebrahim Borji Dowlatabadi (Bita), Legal Impediments for Attraction of Foreign Investment, Tehran, Political and Economic Journal, issues 243 and 344
  • Farahani Fard, Saeed, (2001), Financial Policies and Natural Wealth, Ghom, Islamic Economy Quarterly, issue 2
  • Hashemi, Mohammad, (2007), Basic Rights, Vol. 1, 38th Edition, Tehran, Mizan Publications
  • Mohammadi Khorasani, Ali,, Sharh Tabsarah Al-Moteallemin, 1st edition, Ghom, Dar Al-Fekr Publications
  • Meshkini, Mirza Ali , Mostalahat Al-Fiqh, Ghom, anonymous Makarem Shirazi, Naser, (1427), Encyclopedia of Contemporaneous Fiqh, 1st edition, Thom, Imam Ali Seminary Publications
  • Mousavi Khalkhali, Seyed Mohammad Mehdi, (1427), Fiqh Al-Shiah – Kitab Al-Khams Val-Anfal, Vol. 1, Ghom, Dar Al-Moshir Publications
  • Mousavi Khomeini, Rouhollah, Tahrir Al-Vasilah, translated by Ali Eslami, Vol. 1, 13th edition, Ghom, Office of Islamic Publications, affiliated to Society of Instructors of Ghom Seminary
  • Momeh Ghomi, Mohammad , Supreme Leader and Ownership of Public Properties (Anfal), Ghom, Figh Ahl-Al-Bayt Joural, issue 61
  • Baghdadi, Mofid, (1413), Al-Moqana, 1st edition, Ghom, Global Congress on the Millennium of Sheikh Mofid
  • Abdul-Rahman Mahmoud, Moajjam Al-Mustalahat val-Alfaz-Al-Faquihah, Vol. 1, anonymous
  • Mohaghegh Damad Yazdi, Seyed Mostafa, 1406, Jurisprudential Rules, Vol. 1, 12th edition, Islamic Sciences Publication Center
  • Mohammad Mehdi Hedayati (2008)" critical analysis of iranian buy-back transactions in the context of international petroleum contractual systems" (Thesis for Ph.D), USA: Durham University.