A exploração e a produção não convencionais de petróleo e gás natural:uma proposta de regulação não convencional

Abstract

The purpose of this dissertation is to discuss about the existing problems of the exploration and production of unconventional natural gas and to present proper regulation to mitigate problems and progress these activities. From our perspective, this should be a component of Contemporary International Law and its segments that intersect with the domestic law and regulations constructed under new public management. We then proceed to investigate the regulation of unconventional oil and natural gas existing in individual countries. After illustrating the various treatments handed down within comparative law to the exploration and production of unconventional resources, we highlight as a case study, the given treatment of this issue here in Brazil and to the controversy arising from unconventional exploration. We also present a number of proposals in order to facilitate such activity not only in Brazil but to include other countries through an unconventional setting, that is, to globally prepare and share, based on Industry Best Practices. This should include and uphold the principles of international law and global governance and respect the technical peculiarities of unconventional resources. In addition, it should adhere to the social license to operate given by the community involved and/or affected by this exploration activity through the promotion of dialogue and necessary clarification. In conclusion, we believe that the way forward would be to encourage a "golden age" of global natural gas, this to consider all its advantages before any other energy source, contributing to the development of an environmentally sustainable policy within States, taking account of investor interests and especially those interests of the main beneficiary of energy policy, the human individual.