نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The concept of consideration constitutes the fundamental basis of contractual obligations and serves as a criterion for distinguishing legally enforceable agreements from mere moral promises. Although consideration is regarded as an independent requirement for the validity of contracts under the Common Law tradition, while its functional equivalent in Civil Law systems is generally understood as the cause of obligation, its application in upstream oil and gas contracts extends far beyond ordinary private-law transactions.vIn this industry, the reciprocal contractual obligations of the parties take the form of a complex and ongoing equilibrium between the commitments undertaken by the foreign investor—including the provision of capital, technology transfer, and the assumption of risk—and the granting by the host state of exclusive rights to explore, develop, and exploit natural resources.vEmploying a descriptive-analytical methodology and a comparative approach, this article examines the evolution of consideration from traditional concession agreements to modern production-sharing, service-based, and licensing arrangements, with particular reference to the experiences of Norway, Russia, Iraq, and African oil-producing countries.vThe findings demonstrate that, alongside the strengthening of states' permanent sovereignty over their natural resources, the concept of consideration has evolved from the mere receipt of royalties into a multifaceted instrument encompassing profit-sharing, specialized taxation regimes, local content requirements, and the management of geopolitical risks.vThe comparative analysis indicates that Norway, through its production licensing system, structured taxation framework, and direct state participation via Petoro, has succeeded in striking a balance between maximizing national benefits and maintaining an attractive investment environment. Iraq, by contrast, has relied heavily on technical service contracts with fixed remuneration fees, an approach that has not demonstrated sufficient effectiveness in facilitating technology transfer or improving recovery rates.
کلیدواژهها English