This study identifies and critically analyzes the evolution of stabilization clauses ininternational petroleum contracts entered between the Host Government (“HG”) andInternational Oil Companies (“IOCs”) with a focus on Mozambique. It then comparesMozambique’s stabilization provisions to those in three other African countries that have anactive oil and gas industry. All four countries seek foreign investment in their oil and gassectors. Foreign investors, in turn, seek to mitigate the many legal risks that arise in contractssigned with HGs as sovereigns. Investors look for stabilization and arbitration provisions inPetroleum Exploration & Production Contracts (“EPCs”) that increase the security of theirinvestments. The article finds that Mozambique offers considerable security in its contractscompared to Angola, Ghana and Tanzania. Only Ghana offers a similar degree of stabilizationin its contracts as Mozambique offers. The Angolan government does not resort to many ofthese stabilization mechanisms, probably because of the maturity of its petroleum industry,despite presenting quite a risky profile when compared to the other countries. Tanzania stillhas a long way to go in offering security to investors through stabilization clauses.
|Date of Award||13 Sept 2021|
- Universidade Católica Portuguesa
|Supervisor||Jacqueline Weaver (Supervisor)|
- Mestrado em Direito Transnacional