درخت حوزه‌های تخصصی

Currently, the global community is on the threshold of a transition from fossil fuels as a result of transformations such as climate change, entailing the strict implementation of carbon setoff policies and quick progress in green technologies. A transition to clean, low-carbon energies will not only disrupt the global energy system, it will also impact the global economy and political dynamism within and without all states. Based on these transformations, the present article asks the question of how the energy transition will impact the geopolitical future of the global oil economy. The authors hypothesize the following in answer to this question: Given the superior, more advanced position of economic powers such as China and the US in clean energy technologies, we are likely to witness the weakening of traditional oil powers in a post-carbon world, such as the Middle East and North African countries (MENA) and Russia; in contrast, the balance of power will tilt heavily towards current energy consumers. Technology-savvy countries have the knowledge to reproduce and stabilize their power in the global economy. The traditional countries of the energy sector, however, face shortfalls in their infrastructure and modern technologies and will lose their geopolitical position to a large extent.

The international chamber of commerce (ICC) created a generally accepted set of terms called Incoterms 2020 which provides that the risk of loss of or damage to the goods, passes from the seller to the buyer when the seller has fulfilled his obligation to deliver the goods. But this rule is based on a false base, which causes number of exception where the goods are delivered but the risk remains on behalf of the seller. In this paper we will prove that the aim of contract is an unexceptional factor which indicates whether the risk has passed through or still is remained. The aim which has a composite nature and preparing the last part of that nature provides reaching of the goal and is the main reason for transferring the risk of the thing then when the buyer's aim from the contracts is achieved the risk of the goods will be transferred to him and when the seller's aim is achieved the risk of the price will be transferred to him. The aim or cause of the obligation in general is; to acquire the property and the possession which are peaceful and useful of the thing to use and enjoy it with security. So each term will be separately being analyzed by theory of the cause of the obligations in civil law of France and we call this theory which defined the goal as a composite nature the virtual spirit level the theory of the spirit level of the risk.

International oil and gas investment disputes constitute an important part of Investor-State Dispute Settlement (ISDS) system. Investment arbitration which considers as a prevalent dispute settlement mechanism in this area is under serious criticisms, since it endures huge costs, causes length of process and devastates the parties’ long-term investment relationship. In the recent years, possibility of applying Alternative Dispute Resolution (ADR) and hybrid dispute settlement mechanisms have largely discussed. Mediation-Arbitration (“ Med-arb”) ; is one of the hybrid and integrated dispute settlement mechanisms which embodies flexibility, non-judicial and negotiate-oriented benefits of mediation and finality advantage of arbitration simultaneously and in a single process ( not in separate processes). In this method, mediation is first attempted by the parties before arbitration could be started, If no settlement is reached during mediation phase, then the appointed neutral or mediator, will act as independent arbitrator(s) and proceed the case under the arbitration process and will render a binding arbitration award. In this method, if parties reach an agreement during the first phase (mediation process), they will not incur huge costs of lengthy investment arbitration. In this method, even If the first stage (mediation process) fails, since mediation process made the disputes more clarified and narrower, then the arbitration process is less lengthy and arbitration will be proceeded more efficiently. Moreover, both investors and host- states in oil and gas investment area, do have strong ambitions to maintain the investment relationships. These goals are achieved better via adopting med-arb proceedings.

Currently, distribution of various types of petroleum products is performed exclusively by the government. The high price of land in metropolitan cities, lack of incentive for the private sector to invest in construction of filling station due to the low-income, have caused filling stations to be insufficiently available. One of the solutions to overcome this obstacle is to use the ability of the private sector for distribution of petroleum products. To reduce the government's ownership, the market structure for petroleum products distribution in the country needs to be changed. This change should be firstly done gradually and step by step, and secondly, the government has to monitor this issue at various stages. In this study, three stages are proposed for the market restructuring of the petroleum products distribution in the country, and the conditions and requirements for each stage are separately identified. For the private fuel distributing companies, the most important problem is the economic issue and having profit. On the other hand, since the product price is still subsidized in the country, therefore, it is indispensable that the amount of commission fee should be determined in such a way that the activity for private companies is economically justified. In this study, the amount of products commision fee is calculated concerning capital and operatational expenditures, using the engineering economics method in different situations by COMFAR version 3 software.