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Types of Cross Border Pipelines

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Any cross-border unitization will need to be agreed to at two levels:

(1) The impacted states will need to reach an agreement and
(2) The respective license holders will need to enter into a unit operating agreement.

The purpose of the first agreement is to set out the rights and obligations of each state with respect to the field development and incorporate procedures requiring agreement of both states to minimize conflicts. In a cross border field, the unit operating agreement between the licensees will follow the normal pattern in most respects. However, it will be subject to the provisions of the relevant treaty so that, for example, the selection of the unit operator or a redetermination of tract participants will require the agreement of the respective states. The unit operating agreement it will require the approval of both states in order to ensure that it embodies the requirements of the treaty. The treaty is binding only on the respective states; it does not bind the license holders directly, as they are not parties to it.

The joint petroleum development agreement refers to an arrangement between two states to develop and share jointly in agreed proportions the petroleum found within a designated zone of seabed and subsoil of the continental shelf or EEZ, to which both states are entitled under international law.

The Joint Development Zone (JDZ) is generally established as a temporary solution for a specified period of time, without prejudice to subsequent delimitation, but it can be a permanent solution in place of a delimited boundary.8 9 Even where the border has been delimited, a JDZ may be created as part of the boundary settlement, but this is a less common alternative because states where boundaries are delimited tend more towards the unitization of specific fields.

Before such a zone is created, the states must be able to: (i)

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