Centre for Energy, Petroleum and Mineral Law and Policy
Annual Report 2013
I am pleased to introduce the Centre’s Annual Report for 2013. As an internationally focussed body we were delighted to deepen our academic links with three very different parts of the world: sub-Saharan Africa, Latin America and Asia; at the same time we reached agreement on a new International Centre for Energy Arbitration, a joint venture with the Scottish Arbitration Centre. In terms of research quality and esteem we surpassed all expectations (and precedents) in the number of staff and outputs deemed eligible for the 2014 UK Research Excellence Framework, the national quality assessment exercise.
We continued to hear good news about the employment successes of our graduate students as they made their way onward and upwards in the competitive global market. As an institution the Centre remains a springboard for our on-campus students to create, build and extend networks for their career development. While West Africa has long been a favoured source of students and staff visits for the Centre, 2013 was the first year in which we made a distinct effort to build links with our students and alumni from the East, particularly in Uganda and Malawi. The warmth of our welcome in these countries has allowed us to move ahead at quite a pace and we are all delighted about the next steps. A group of Malawi government officials already came to the Centre for a training course in mining law and policy, following upon our input to that country’s draft mining law. Knowledge exchanges with ministries and universities are high on our agenda for the near future as a way of promoting local content in education. Meanwhile, our profile in Latin America has stepped up its pace. In addition to the rapid development of staff and student links with Externado Universidad in Colombia, we received students from Chile, Mexico, Peru, Argentina, Suriname and Venezuela. This benefited our programmes in hydrocarbons and mining. In response we have planned a number of staff visits throughout 2014. We were delighted to be invited by the European Bank for Reconstruction and Development to offer advice to the Government of Kyrgyzstan in developing a new mining law and building up institutional capacity. This adds to the Asian dimension of our activities. We were able to welcome students from China, Indonesia, India, Japan, Kazakhstan, Malaysia and Mongolia. And that was only to our Masters programmes. Other nationalities – from Asia and beyond – joined us for our PhD and Distance Learning Programmes, helping to ensure we remain one of the most multinational educational establishments in the UK. To help us maintain our teaching quality and to achieve our University’s goal of using knowledge to transform lives, we appointed Dr Brian Howieson to our MBA programme and Dr Anita Schiller to our MSc (Energy Economics) programme. They were able to participate in our 5-yearly programme review, in which all our programmes were refreshed, updated and approved for another 5 years. Soon after, the Energy Institute, a professional body, reviewed our programmes and gave us full accreditation for the next 4 years. Peter Cameron Director, CEPMLP Dundee
Research The main task in 2013 was to finalise our submission to the research quality assessment applied to all Universities in the UK, known as the Research Assessment Exercise (REF). This tests our performance in research outputs, whether books, articles or others, the impact of our research and our overall research environment. Almost three dozen outputs were deemed to meet the demanding criteria of originality, significance and rigour. The multi-disciplinary character of our work was evident in the submission of staff to no less than three panels: Law, Business and Economics and Politics. The submission is assessed anonymously by a panel of external peers and the results will be made available in late 2014. Our largest external grants from the EU and the World Bank drew to a close in 2013, allowing us to respond to new initiatives for a fresh round of grants. Preparations began for several initiatives on which there will be more to report in 2014. Meanwhile, a further tranche of funding was received from the World Bank for the Extractive Industries Source Book project. At the same time, an extensive evaluation of the project was carried out by an external consultant, providing us with recommendations for Phase 2 of the project. It noted our success in generating and sharing knowledge – the website attracts around 6,000 visitors a month from around the world - and in building a global knowledge consortium (joined by two further NGOs in 2013, AIMPER from Uganda and OpenOil). A book based on the project will cover legal frameworks for hydrocarbons and mining, but also sector organisation, fiscal design, revenue management and natural resource led development issues. In 2013 we circulated the draft text extensively in a peer review process.
The EI Source Book website incorporated a number of new outputs during the year. We added more than 350 pages of content to the Africa sections, covering every single country on the continent and adding an interactive map. We also introduced ‘Initiatives’ pages in the Accountability and Transparency section. This built on a partnership approach with a wide range of stakeholders and utilized a crowd-sourcing technique to ensure a high coverage of such initiatives worldwide. Several new knowledge products were generated, revised, peer reviewed and published on the site, including ones on natural gas development and on artisanal and small-scale mining. In terms of impact, the Source Book contributed to the development of a new Extractive Industries Transparency Initiative (EITI) Standard, with Centre staff participating in the Global EITI Conference in Sydney, Australia, where it was finalised and agreed (http://eiti.org/sydney2013). The Source Book video coverage of the Alternative Mining Indaba in 2013 and the resulting blogging gave a hearing to arguments about lessons to be learnt for the mining industry following the Marikana incident in South Africa. We are grateful to Daniel Gilbert for all the work he did in making the above activities happen.
Research Unconventional sources of energy attracted extensive media interest in 2013. With a view to expanding our knowledge of the law and social impacts of shale, we applied for and were awarded a grant from the Association of International Petroleum Negotiators (AIPN), a US-based association of lawyers and commercial negotiators. The study will investigate in a comparative way the evolving legal regulation of unconventional gas and oil outside of North America. Juan Felipe Neira Castro, a Colombian student leads a team of seven of our Masters students, under the supervision of Professor Peter Cameron. The results of this internationally focussed study will be published in late 2014.
For some years the Centre has been keen to foster debate on international investment law, particularly in the field of energy and natural resources, a field which has stimulated almost one third of the cases before the International Centre for the Settlement of Investment Disputes. This has become a crowded space since the Centre’s interest in it was first launched by the late Professor Thomas Waelde. However, building on the research interests of Abba Kolo, Pieter Bekker and Peter Cameron, the Centre linked up with the Scottish Arbitration Centre to form a joint venture, the International Centre for Energy Arbitration. Its first research task is to investigate how it can and should develop a dedicated set of energy specific rules for arbitral proceedings. In doing this, we shall be reaching out to industrial and commercial users of arbitration as well as providers of legal services and various international collaborators.
In 2012/2013 a number of CEPMLP academics were engaged with research and projects overseas and at home. In December 2012, Professor Pieter Bekker, holder of the Chair in International Law at the CEPMLP, attended the presentation of a report entitled ‘Arbitration Involving States and State Entities under the ICC Rules of Arbitration’ prepared by the International Chamber of Commerce (ICC) Commission on Arbitration Task Force on Arbitration Involving States or State Entities, which took place in London. The presentation of the Task Force report was hosted by Task Force co-chair Lord Peter Goldsmith QC, formerly Attorney General of the United Kingdom and currently a partner with Debevoise & Plimpton LLP in London, and was presided over by the President of the International Court of Arbitration of the ICC, Mr. John Beechey. On Tuesday 19th March, Professor Peter Cameron met President Joyce Banda of Malawi at a reception held by the Scottish Secretary of State, Michael Moore MP at Westminster. The President told Professor Cameron about her decision to freeze expansion of mining in Malawi until a new policy and laws had been developed. She asked CEPMLP for expert assistance in meeting this task and for his thoughts on capacity building in Malawi in mining education and training. CEPMLP already has three Malawian students in its long established mining programme with roots in law, contracting and governance issues. Professor Cameron emphasised the importance of including clear and positive proposals on artisanal and small scale mining in the new mining policy, and on setting out fair rules that were likely to stand the test of time. Pieter Bekker spoke at a symposium on “Investment Treaty Arbitration: Approaching the System’s Adulthood” organised by the Harvard International Law Journal and held in Cambridge, Massachusetts, on 8 March 2013. The symposium, which brought together leading scholars and practitioners in the field of investor-state arbitration, explored the rapid evolution of the international investment arbitration system’s design, remedies and damages, as well as environmental and human rights concerns. Professor Bekker introduced the symposium’s keynote speaker, Judge Charles N. Brower of the Iran-United States Claims Tribunal in The Hague, and participated in Panel I entitled “The Design of the Investment Arbitration System: Consistency and Precedent.” Panel I was moderated by Professor Jeswald Salacuse, formerly Dean at Tufts University’s Fletcher School of Law and Diplomacy and a leading scholar on international investment law. Dr Manny Macatangay, Lecturer in Energy Economics at CEPMLP, was invited to participate in a panel discussion and present at the 2nd Annual Intelligent Hedging and Portfolio Optimisation for the Energy Markets, 17-19 April 2013, at the Steigenberger Hotel Herrenhof, Vienna, Austria. In the panel discussion ‘Developing highly granular physical and financial instruments for hedging renewable intermittency’ he was joined by representatives from Verbund and Lukoil International Trading and Supply Company (LITASCO). His presentation ‘Gas hedge strategy and utility regulation’ was part of a session on assessing hedging and portfolio optimisation strategies. The conference featured several European energy companies, such as E.ON UK, Verbund, LITASCO, Fortum Power and Heat, Enovos Energie Deutschland GmbH, EDF Energy, ENBW Trading GmbH, SPP, VKG (Viru Keemia Grupp AS), CEZ a.s., and EDP. It attracted around 60 delegates representing various areas of interest, such as risk management, portfolio strategy and hedging, portfolio management, trading and portfolio optimisation, energy market and credit risk, coal and emissions, energy trading, long-term origination,
CEPMLP Staff Go Global As part of the implementation of the cooperation agreement between CEPMLP, University of Dundee and the Universidad Externado de Colombia , a continuing professional development course entitled ‘Regulation of Non-Conventional Hydrocarbons: A National and International Perspective’ was held at the Universidad Externado de Colombia in Bogota from 22 - 24 May 2013. Stephen Dow, Lecturer in Energy Law at CEPMLP presented on the European Regulation for exploration and exploitation of Non-Conventional Hydrocarbons. Armando Zamora, Global Faculty, CEPMLP, presented a paper on Energy Markets and the Development of Non-Conventional Hydrocarbons. On the 3-4 July Dr Janet Liao from CEPMLP attended the 2013 Annual Second Track Dialogue, jointly organised by the Asia Centre of Griffith University and Peking University. The theme this year was ‘Securing Our Energy Future: Chinese and Australian Perspectives’. Dr Liao gave a presentation about key contemporary challenges confronting states in the area of energy security, and in particular, the evolving challenges in China’s transition from an energy exporter to an energy importer. In August CEPMLP Director Professor Peter Cameron visited the capital of Malawi, Lilongwe, to attend a workshop exploring areas of cooperation between Malawi and CEPMLP. In the government’s efforts to tighten the country’s laws to prevent further‘robbery’ of Malawi’s mineral resources through poorly negotiated contracts, it has enlisted the help of Professor Cameron and CEPMLP. CEPMLP will engage with local public universities including the University of Malawi and Mzuzu University to train experts in the mining sector to introduce special courses on mining topics. Minister of Mining, John Bande, doesn’t want to repeat mistakes that have been made before, “We have asked the University of Dundee to help us so that Malawi does not continue to be robbed of its minerals. We don’t want the theft of our minerals to continue. We want to learn from those who have done it before.” This affiliation builds upon an existing relationship between Scotland and Malawi. Indeed, it was recently announced by International Development Minister, Humza Yousaf, that more than £3 million is being given to projects that will make a ‘real difference’ to young people in Malawi as part of Scotland’s continuing commitment to the African nation.
On the 17th and 18th of September CEPMLP exhibited at the 6th WaCA Mining Summit in Accra, Ghana. The WaCA Mining Summit united mining companies with investors and government officials to explore the latest projects and development opportunities across the West & Central African Region. Whilst at the event CEPMLP met with many influential mining companies to promote our Mining Programme and relationships were built and strengthened.
CEPMLP Staff Go Global Leon Gerber, Rio Tinto Research Fellow at CEPMLP, attended the 8th International mining conference in Cornwall (UK) from 17th to 22nd September 2013. The conference brought together industry experts from around the world to share best practice on mine closure, and was well represented by a wide spectrum of disciplines and organisations, including the ICMM, Euromines, the European Commission, Universities, mining companies and environmental and social consultants. The programme comprised various plenary presentations of research findings on best practice around minimising the environmental and social impacts of mine closure. Break-out sessions addressed specialised topics ranging from legal and social, to technical and engineering. Future challenges and concerns further highlighted the growing necessity to involve affected communities in the mine closure process from the earliest stage possible, as well as the need for governments to actively engage in mine closure policies. Addressing these challenges was found to be critical in ensuring a positive sustainable legacy for mining operations. CEPMLP was delighted to welcome Mr Brian Cox CBE, the University of Dundee Rector, to the centre on Friday 4th October where he delivered a short presentation to students and staff. Speaking of his upbringing in Dundee, it was hard to imagine such a down to earth man has appeared in so many Hollywood films and other theatrical productions.
Mr Cox was re-elected as Rector in January 2013 for a further period of 3 years. It is his duty as Rector to serve students interests and to represent them at University Court, the governing body of the institution. Mr Cox has starred in the Bourne Identity and Bourne Supremacy films as well as Braveheart, and was the first person to play Hannibal Lecter in the film Manhunter. His expansive career began in his home city at the Dundee Rep Theatre. Our thanks to him for taking time out of his busy schedule to speak to our students and we will warmly invite him back during his next trip. Professor Pieter Bekker, CEPMLP Chair in International Law, has been appointed by the Caribbean Regional Fisheries Mechanism (CRFM),an intergovernmental organisation for regional fisheries cooperation comprising 17 Caribbean States, as its Counsel and Advocate in Case No. 21 before the International Tribunal for the Law of the Sea (ITLOS) in Hamburg. Dr Sergei Vinogradov and Professor Peter Cametron delivered short courses on Petroleum and Environmental Law subjects at MGIMO University in Moscow in September as part of our ongoing cooperation programme.
Initiatives New MSc Degree We were delighted to receive funds for 20 scholarships from the Scottish Funding Council to fully fund students on our MSc degree ‘Managing in the Energy Industries’, which will enhance the Centre’s profile in the UK. Offshore Renewables Institute In May 2013, CEPMLP collaborated with the Offshore Renewables Institutes (ORI) at ‘All Energy 2013’, an Exhibition held in Aberdeen. The ORI is a new research partnership between the University of Dundee, the University of Aberdeen and Robert Gordon University focused on developing and delivering solutions to the offshore wind industry in the North Sea and globally. The ORI offers interdisciplinary research and approaches across four themes: regulation, law and economics; environment and consenting; design, fabrication and installation and asset management. First Minister Launches International Centre for Energy Arbitration In October 2013, The Right Honourable Alex Salmond MSP, First Minister of Scotland launched the International Centre for Energy Arbitration (ICEA). The ICEA is a joint venture between CEPMLP and the Scottish Arbitration Centre. The ICEA aims to work with the energy sector to allow Scotland to become an international specialist in international energy dispute resolution. The launch, hosted by the Law Society of Scotland, took place in Edinburgh. The First Minister was welcomed by Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre and Secretary General of the ICEA, Bruce Beveridge, President of the Law Society of Scotland and CEPMLP Director Professor Peter Cameron. He was introduced by University of Dundee Rector Brian Cox CBE. Building on Malawi Relationship In November 2013 CEPMLP welcomed a delegation from the Government of Malawi to Dundee. Nine officials arrived from the Ministry of Mines, Ministry of Justice, Economic Planning and the Reserve Bank of Malawi. The delegates followed a programme of ‘Interactive Knowledge Transfer’ at the Centre, drawing on in-house and visiting lecturers within the Centre’s Mining Law and Policy Programme.
The programme covered laws, mining agreements, revenue management and negotiations, and how they impacted on specific scenarios and contexts. The Centre has an enormous wealth of knowledge of principles and practice in mining regimes across the world; it is also committed to the idea that mining can be a vehicle for positive economic and social development. The Centre’s engagement with Malawi (with support of funds from the World Bank and EU) compliments its engagement in Central Asia with the Government of Kyrgyzstan. Activities with these governments will continue throughout 2014. They represent the start of a new phase of engagement by CEPMLP following the success of its recent POLINARES and EI Source Book projects funded by the EU and World Bank respectively. Our knowledge of mining governance was enhanced by these multi-year projects and we are hungry to share it.
Student Life Recent CEPMLP graduate Thomas Lanardonne was listed in the 2013 ranking of the ‘Top 20 lawyers under 40 of Argentina’ as published by the Argentine business magazine ‘Apertura’. This is the only ranking of this type in Argentina and lawyers are voted for by their peers, including 230 partners of top law firms and 43 legal heads of major companies. Tomas graduated from CEPMLP as a British Chevening Scholar with an LLM in Energy Law and Policy. He practised for seven years in the Energy and Arbitration Department of ‘Perez Alati, Grondona, Benites & Martinez de Hoz (jr)’, one of the largest Argentine law firms. Tomas graduated as a lawyer (cum laude) at the University of Buenos Aires in 2005 and obtained an LLM in Administrative Economic Law (cum laude) at the Argentine Catholic University in 2011. CEPMLP students Julius Arierasu Enenifa, Ozge Varis, Ondotimi Songi and Abdoul Karim Kabele Camara recently presented papers at the ‘Energy Transitions: Regulation of Energy Markets at National, European and International Levels’ conference which was held in the University of Eastern Finland, Joensuu.
A team of CEPMLP students were awarded grant funding by the AIPN to write a paper on shale gas. The paper,’Shale Gas 2.0: The New Generation’ will provide the industry and government with a framework that reflects deep research, analysis and tools for the development of the next phase of exploration and exploitation of shale gas on an international level. Abstract from proposal - ‘The shale gas industry is transitioning into a second stage and becoming international’ In doing so, it will have to overcome obstacles that were bypassed by the U.S. The current concerns regarding shale gas belong to that first phase. This paper will develop a practical framework for the second stage of shale gas by identifying the future problems the industry will face and outlining how they can be dealt with. Additionally, the paper will produce active tools for governments, investors and other actors to embrace this new era. The team is comprised of lawyers, economists and engineers who are interested in a different approach to research and academic papers. All members of the team are LLM students at CEPMLP. CEPMLP are pleased to report that the CEPMLP Annual Review, a collection of the best student research papers is now available to view online. A message from your the editor in chief, Wendy Treasure: “CAR is a peer review of the work of students at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) who have attained an A grade in their research papers. The Editorial Committee and Editor-in-Chief are selected from amongst CEPMLP students to review the papers submitted and ensure only the best are published. The papers are assessed on their originality, analysis and relevance to current issues; the sources of authority an information drawn from; and if the paper is technically well written, structured and referenced. The topics covered by students reflect the global nature of their backgrounds and the broad perspectives that academic writing allows. Countries discussed include Iran, Liberia, Venezuela, Libya, Cyprus, Colombia, Sierra Leone, Ghana, Israel, South Sudan and the UK, to name a few. The 20 categories into which the papers are grouped reflect the breadth of issues. The subject matters cover topics in management and leadership, law and policy, economics and finance, reform and social welfare.
Extra Curricular Activities In addition to coursework we have always encouraged students to attend ‘clubs’ and professional societies, conferences and exhibitions, as a means of linking theory with practice and grounding their academic experience in the realities of work. In addition to regular attendance at the Scottish Oil Club, we now have three active student clubs in the Centre - the Society of Petroleum Engineers (SPE), the Energy Institute (EI) and the Association of International Petroleum Negotiators (AIPN) and two more clubs in discussion - Management and Mining. Established under the umbrella of professional societies, these clubs are organised by students and supported by staff within the Employability Team. Most students at the Centre belong to more than one club, which are free to join. During term time students have the option of attending a range of talks and seminars given by industry professionals from a wide range of backgrounds and disciplines. Often held in Aberdeen or Edinburgh and here at the Centre the sessions provide excellent opportunities for students to hear about the latest developments in industry and to network with potential future employers. In addition to more traditional services, the professional societies backing clubs also offer competitions, research paper entries and personal grants for students: These aspects of membership have proved popular and students from the Centre have been successful in all areas. In mid-April 2013 Careers Adviser, Eleanor Hennige, organised a Natural Resources Industry Insight afternoon, which saw several speakers from different areas of the energy industry visit the centre and talk about their roles and sectors. The idea was to further inform current students about career roles and trajectories within the industry. Two of the speakers were alumni of the Centre, which added to the informal networking event that took place after the talks. Feedback from students was very positive as students recognised the value of insights from those more advanced within the industry. During 2013 we have arranged several optional visits to industry and energy centres, such as the Nynas oil refinery in Dundee, the University’s combined heat and power plant, hydro dams and Europe’s largest wind-farm at White Lee. Although Scotland is a small country we are fortunate in having a very wide range of renewable and conventional energy systems and companies nearby. These visits offer opportunities for students to see the practical application of theory and to discuss with industry staff the real-time issues being addressed in their part of the energy sector. We have found that group trips also provide an excellent environment for students to discuss their views and experiences with peers; the practical energy context stimulating good theory-practice debate. Group visits to major conferences such as All-Energy, Offshore Europe and Unconventional Gas, have also provided interesting opportunities for students. In addition to attending seminars, workshops and exhibition stands participants have been able to meet industry professionals, employers and often link with companies from their home county.
Extra Curricular Activities During the week of 24 - 28 June 2013, students undertaking the LL.M in Mineral Law and Policy were accompanied by CEPMLP staff from the Mining Group on their annual visit to London. The trip, which was funded by Rio Tinto Plc, aimed to introduce students to various stakeholders in the mining industry, and to mining entities, non-governmental organisations and public economic institutions. The 2013 trip involved excursions to the London-based corporate offices of Anglo American and Rio Tinto, as well as a visit to the well known NGO, Global Witness. The trip concluded with a visit to the London Metals Exchange where the students had the rare opportunity to witness commodity trading in the last of Europe’s open-outcry exchanges. The 2013 Student Visit also coincided with the Annual CEPMLP Mining Seminar. The seminar entitled “Can Mining be a Catalyst for Diversifying Economies? Emerging Experiences and Lessons” included speakers from key government departments and leading companies in the industry, which further contributed to rewarding and informative experience for the students. Elizabeth Bastida and Janeth Warden-Fernandez made it all happen. Thank you!
Seminars and Professional Development CEPMLP Successful Annual Mining Seminar CEPMLP hosted the very successful Annual Mining Seminar in June. Sponsored by Rio Tinto and co-organised with Raw Materials Group and University of Witwatersrand over 100 participants from academia, industry and government from all over the world came together to discuss whether mining can be a catalyst for diversifying economies. The seminar was held in the Natural History Museum, London.
Another Successful UK Oil and Gas Law Conference in Collaboration with CMS Cameron McKenna Between 21 - 25 October 2013, in the luxury of the 5 star Old Course Hotel , Golf Resort and Spa, St Andrews, over 60 delegates from all over the world congreagated for the ever popular UK Oil and Gas Law seminar. Now in its 17th year, the conference featured leading experts from the oil and gas industry who covered topics from licensing agreements and regulations.
Oil, Gas and Minerals: International Arbitration and Advocacy Skills Between 2 - 6 September 2013, in the magnificent surroundings of Hogan Lovells LLP, Holborn, London, 15 international delegates tried their hand at international arbitration. Presented by Iain Clark and Steven Walker, the conference was structured to include presentations by some of the leading practitioners in the industry, as well as offering a number of practical training sessions on written and oral advocacy skills in the conduct of international arbitrations, culminating in the preparation and conduct of a mock arbitration, where delegates had the opportunity to learn by doing.