| Since the discovery of oil in the 19th century,this energy has had a profound impact on world politics,economy and culture.Oil became the main fuel for the US transportation industry and armored weapons during World War II and became the most important energy source.In the next hundred years,oil will remain the mainstream energy source.The United States is the second largest oil producer in the world and one of the first countries in the world to discover and commercialize.In the 19th century,the United States extended its reach to the vast ocean,gradually created a unique offshore oil and gas development,transplanted the lease development system for onshore oil and gas development to the marine field,and formed its own characteristics according to the characteristics of offshore oil and gas.Legal system.At the four levels of law,law,court precedents and administrative orders,the federal offshore oil and gas leasing development system centered on the Seabed Land Law and the Outer Continental Shelf Land Law was formed.The main content of the US federal offshore oil and gas leasing and development legal system is a five-year planning system.From disorderly development to planned development,it shows the development and maturity of the US federal offshore oil and gas leasing development system.The paper also details the lease procedure.The system explains the characteristics and basic principles from the aspects of soliciting information and nominating lease blocks,issuing tender notices,basic conditions for leasing,bidding system,bid evaluation and awarding rules,anti-monopoly review requirements,and signing of leases;The unique rules of the exploration and development production stage;the conditions,effectiveness and review rules of the lease transfer;the circumstances,types and legal effects of the lease suspension,and the three cases of the lease cancellation and its legal effects.The legal framework was clarified from both macro and micro perspectives,and its legal characteristics were summarized.Based on this,this paper further discusses four important legal issues in this system.The first is to sort out the disputes and resolutions between the federal and state on the offshore oil and gas development of the outer continental shelf.The marine federation is divided into six stages.The formation of the doctrine,from the free federalism of the sea to the complete federalism,from the development of geographical federalism to cooperative federalism,and summed up the content and evolution of marine federalism at various stages,in the horizontal aspect,clearly discussing the US government three The position and attitude of the branches in the formation process of the offshore oil and gas development system.The administrative branch of the US government advocates expanding the federal power in offshore oil and gas development based on the demand for oil and gas for the US economic development and social development,while the US Congress supports the state.Restrictions on federal power,support for state interests in offshore oil and gas development,and the US Supreme Court,which plays an important role in US political,economic,and social development,balances action branches and legislative branches in offshore oil and gas development at different times.Differences in interests,but in general,support for administrative points Position.In the vertical aspect,the federal and state disputes over offshore oil and gas development are summarized in detail,and coastal states have won some of the benefits of offshore oil and gas in the federal seas.The second is to discuss the income distribution mechanism of offshore oil and gas development on the outer continental shelf.After decades of drama,the current US offshore oil and gas law established a federal and state distribution system for the interests of offshore oil and gas in the federal seas,to some extent.State and federal competition for offshore oil and gas resources has promoted offshore oil and gas development in the US federal waters,but in the future,whether income distribution is fair or not is still a highly controversial issue.The third is to introduce the regulatory system for the offshore oil and gas leasing development of the US Federal Outer Shelf,from the US Department of the Interior's Land Administration to the Mineral Energy Administration,and then to the reorganization in 2010.The direct reason for this reorganization is the 2010 Gulf of Mexico leak.The oil accident,but the root cause is the structural contradiction of the original regulatory system.The former US Mineral Energy Administration itself assumed three conflicting duties.After the reorganization,the US federal offshore oil and gas leasing regulatory system presented four characteristics.However,the efficiency of the current regulatory system is still controversial,which led to the reopening of the re-organization in 2017.The fourth is to discuss the bidding for the development of the US continental shelf marine oil lease.The controversy of this issue is to challenge the discretion of the US Secretary of the Interior to choose the method of bidding.Although the US law stipulates eight bidding methods,virtually all federal offshore oil and gas leases use cash dividends and royalties.Regardless of the pros and cons of the method,the coastal state believes that the US Secretary of the Interior should try other methods in accordance with the law,but failed to change the results.This method of bidding still dominates.This paper further explores China's current offshore oil and gas development system,and summarizes the three characteristics of China's offshore oil and gas development law,namely,the development system combining self-development and foreign cooperation and development,and the external cooperation development mainly adopts a system combining negotiation and bidding.And China is fully involved in cooperative development.And compared with the US leasing development system,it is found that there are big differences in the three aspects of the object-oriented,the degree of participation and the supervision system.However,China's current system has been implemented for nearly forty years,and it has also exposed some problems.At the end of the paper,three proposals for the implementation of leasing development,establishment of separation of supervision and development,innovation cooperation mode and revenue distribution mechanism for private enterprises are proposed.The current dilemma is solved by drawing on the US offshore oil and gas leasing development system. |
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