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14 US-China L. Rev. 471 (2017)
Norwegian Local Content Model a Viable Solution?

handle is hein.journals/uschinalrw14 and id is 468 raw text is: 





  NORWEGIAN LOCAL CONTENT MODEL A VIABLE
                              SOLUTION?

                           Berryl Claire Asiago*

         Legal transplants have been used to improve national legal systems
     and advance a homogeneous and ordered global legal networks. As is the
     case in the petroleum sector which is home to numerous legal transplants
     where, laws, contracts, and regulations move from one place to another.
     Notably, the early consideration for legal transplants within the petroleum
     sector was predominantly based on promoting national legal frameworks
     which eventually developed to a global legal framework also known as Lex
     Petrolea. Importantly, while legal transplants promote similar global,
     objectives, considerable caution must be applied on how best to proceed
     before and after the fact; as legal rules relating to matters of national
     interests cannot be transplanted without careful analysis of the operation
     mechanics and legal aspects of rule. This must be done through the lenses
     of both countries where the law originates and the countries in which it is
     supposedly meant  to operate despite similarities in legal structures.
     Substantial discussion needs to be conducted from both the donor and the
     recipient countries to identify whether both countries, face similar social
     problems capable of being resolved by these rules, and that the rules and
     mechanics will function in the same manner in both countries, then only can
     the said rules be transplanted. This article discusses transplant of local
     content requirements from Norway to Nigeria.

INTRODUCTION............................................................................................ 472
I. LC LEGAL  AND  REGULATORY DEVELOPMENT IN NORWAY AND NIGERIA
.................................................................................................................... 474
     A .   N orw ay......................................................................................475
     B .   N igeria ......................................................................................479
II. LEGAL TRANSPLANT...............................................................................487
     A.    M odels of Legal Transplant......................................................487
     B.    Rationale for LC Transplant.....................................................488
III. ADAPTABILITY  OF THE RULE.................................................................490
     A .   Institutional D esign .................................................................. 490
     B.    Choice of Regulatory Model   Principle Versus Rule Based.. 492
     C.    Clear Regulatory  Rationale and Objective...............................494
     D .   P olitical W ill.............................................................................495
C O N CLU SIO N S  ............................................................................................ 496


* Berryl Claire Asiago, Ph.D. candidate and doctoral researcher at the University of Eastern Finland
(UEF), Centre of Climate Change, Environmental and Energy. Research fields: Oil Gas, and Energy
Law.


doi: 10.17265/1548-6605/2017.07.005


471

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