Analaysis of Legal Nature of Iran’s Oil Buy Back Contract and Its Comparison with the Energy Charter Treaty

Document Type : Research Paper

Authors

1 Associate Professor ,Private and Islamic Law Department,University of Tehran

2 Ph.D Private Law Graduated From Faculty of Law and Political Sciences Of Tehran University

Abstract

Iranian oil buy back contract is a kind of service contract that foreign party carries out all operations in development or reconstruction of oil or gas field with its costs. In return, national Iranian oil company obliges to compensate contractor all capital or non-capital costs necesserly by produced oil or gas from the same field. The energy charter treaty as the most perfect international treaty in energy law has soft law and hard law. In Iran there is an observer in this treaty, and this contract (with its legal espesial nature) conflict with treatys hard law.

Keywords