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Upstream Oil and Gas in Ghana: Legal Frameworks and Emerging Practice

Thomas Kojo Stephens

ISBN13: 9781032462684

Published: October 2024

Publisher: Routledge

Country of Publication: UK

Format: Paperback (Hardback in 2023)

Price: £39.99

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Hardback edition , ISBN13 9781032462677

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This book explores the myriad issues that play out in the upstream petroleum industry of Ghana from a legal perspective.

Focusing on Ghana as an emerging petroleum country, Thomas Kojo Stephens begins by examining whether the existing constitutional framework will be effective in governing the expanding oil and gas sector. Drawing on various approaches proffered by other experts in the field, Stephens looks at possible institutional structures that could be put in place and juxtaposes these ideas with the experience of Ghana to test the efficacy of these proposals. He also explores the types of contractual frameworks currently implemented in Ghana for comparison with other emerging petroleum economies, examining the barriers to effectiveness, novel provisions that must be incorporated and lessons learned from other regions. Finally, the book highlights how vital it is for the Ghanaian State to monitor the use of petroleum revenue and make ethical investment decisions that prioritise the interests of Ghanaian citizens.

Upstream Oil and Gas in Ghana will be of great interest to students and scholars of energy law and policy, oil and gas management and African Studies more broadly, as well as those working in the upstream petroleum industry.

Subjects:: Other Jurisdictions , Africa, Energy and Natural Resources Law

Contents:: Acknowledgments; List of Acronyms and Abbreviations; INTRODUCTION; Overview; PART I: CONSTITUTIONAL, STATUTORY AND ORGANIZATIONAL FRAMEWORKS FOR THE REGULATION OF GHANA’S UPSTREAM PETROLEUM INDUSTRY; Chapter 1 – GHANA’S UPSTREAM PETROLEUM INDUSTRY; 1.0 Introduction; 1.1 Ghana’s Sedimentary Basins; 1.2 Pre-Commercial Discovery; 1.3 Post-Commercial Discovery; Chapter 2: CONSTITUTIONAL FRAMEWORK FOR THE REGULATION OF GHANA’S PETROLEUM INDUSTRY; 2.0 Introduction; 2.1 Natural Resources: Background to Ghana’s Constitutional Framework after Independence (Republican Era); 2.2 The Transpositions to the 1992 Constitution; 2.3 The 1992 Constitution; 2.4 Conclusion; Chapter 3: STATUTORY FRAMEWORK FOR THE REGULATION OF GHANA’S PETROLEUM INDUSTRY; 3.0 Introduction; 3.1 Overview of Statutory Framework of Ghana’s Upstream Petroleum Industry; 3.2 Ghana’s Statutory Framework for the Petroleum Industry – Pre-Commercial Discovery; 3.3 Ghana’s Statutory Framework for the Petroleum Industry – Post-Commercial Discovery; 3.4 Evolution of the Current Legislative Framework for the Regulation of Petroleum Operations – Post-Commercial Discovery; 3.5 Approach to Development of Legislation for the Regulation of Petroleum Operations; 3.6 The Petroleum (Exploration and Production) Bill, 2010; 3.7 Major Defect in the Petroleum (Exploration and Production) Bill, 2010; 3.8 ‘Death’ of the Petroleum (Exploration and Production) Bill, 2010; 3.9 The Petroleum (Exploration and Production) Bill, 2013; 3.10 The Petroleum (Exploration and Production) Bill, 2014.; 3.11 The Petroleum (Exploration and Production) Bill, 2016; 3.12 The Petroleum (Exploration and Production) Act, 2016 (Act 919).; 3.13 Conclusion; Chapter 4: ORGANIZATIONAL FRAMEWORK FOR THE REGULATION OF GHANA’S OIL INDUSTRY; 4.0 Introduction; 4.1 Approaches to Organizational Framework for Regulation; 4.2 The Organizational Structure of Ghana’s Upstream Petroleum Industry; 4.3 Establishment of the Petroleum Commission; 4.4 The Petroleum Commission Act, 2011 (Act 815); 4.5 Ghana National Gas Company; 　; PART II: THE CONTRACTUAL FRAMEWORK FOR THE REGULATION OF GHANA’S UPSTREAM PETROLEUM INDUSTRY; Chapter 5: LICENSING; 5.0 Introduction; 5.1 Licensing in Ghana Pre-2016; 5.2 Some Events that Precipitated a Desire to Move to the Competitive; Bidding System; 5.3 Licensing in Ghana Post 2016 - Competitive Bidding; 5.4 Conclusion; Chapter 6: THE CONTRACTUAL FRAMEWORK UNDER GHANA’S MODEL; PETROLEUM AGREEMENT, 2000; 6.0 Introduction; 6.1 The Model Petroleum Agreement; 6.2 Petroleum Costs; 6.3 Conclusion; PART III: PETROLEUM REVENUE MANAGEMENT FRAMEWORK, DEVELOPMENTS, AND EVOLVING MATTERS IN THE INDUSTRY; Chapter 7: PETROLEUM REVENUE MANAGEMENT IN GHANA; 7.0 Overview; 7.1 Sources of Petroleum Revenue; 7.2 The Petroleum Holding Fund; 7.3 Earmarked Locations for Distribution of Funds; 7.4 Summary of the Disbursement of the Revenue as Prescribed by the PRMA; 7.5 Petroleum Wealth Fund; 7.6 Institutions under the Framework of the PRMA; 7.7 Challenges with Petroleum Revenue Management in Ghana; 7.8 Conclusion　; Chapter 8: EVOLVING MATTERS AND CONCLUDING OVERVIEW; 8.0 Introduction; 8.1 The Energy Transition: Global Developments and the Impact on Ghana; 8.2 Proposed Efforts to Counteract Adverse Impact of Global Developments arising from the Energy Transition; 　; Index