النظام القانوني لتأميم عمليات شركات البترول

Abstract EN

The stage of nationalization is very important in the life of nations and developing nations, especially as the effects and results of the nationalization of oil companies had crossed the borders of the countries that were the States to other oil that they didn't nationalization the operations of oil companies, which that led to review these countries the formulas contract between them and foreign companies.

The nationalization of the oil industry was a major factor in the occurrence of a formulation of the joint venture and entrepreneurship instead of classic concession agreements, as the foreign companies which were owned concessions had came under pressure concerns the experience of nationalization of oil in some States, thus forced to reconsider in the drafting of concessions or replace classic contracts by joint venture with the host countries.

The purpose who aspires to developing countries through its contract with foreign oil companies in addition to access to the sales prices of oil is also the acquisition of technical and administration expertise needed for oil exploration, and the ability to produce commercial quantities, and then marketed to the world market.

It was these purpose is unclearly in the classic concession agreements, but it has taken to appear later, especially in the form of joint venture contracts and contracting, production sharing contracts, which includes the explicit provisions imposed on the contractors with training and rehabilitation of national elements in the technical areas and administrative as well , however this principle has to instill after the established national companies in developing countries producing oil, and they entry of partnership with foreign companies in all petroleum operations, which make them aware of the biggest secrets, and after the developing countries felt about the importance of control over its petroleum wealth.

The direct exploitation or (Nationalization) usually about the petroleum producing countries is for two forms; the first form is that the National Oil Company process of exploration and the search for oil in places that are outside the area authorized for foreign companies to search, so if they have find commercial quantities handled the production, transportation and marketing, but This form is not written to be successful because of lack of experience and capital for this purpose, so they resorted to the second form which is on the acquisition of existing projects and that is where production by foreign companies individually, as is the case in the concession agreements, or with the participation of national, and the all project becomes owned by the state.

With all this it was not so long resorted developing countries to foreign companies again, to the inability of producers to provide the quantities required by the oil markets in the world due to the growing need for these markets to the amounts covering the needs of crude oil because of the development of technological and industrial, especially among Western countries.