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石油合同的发展大致经历了三个阶段,即:租让阶段、对抗阶段和合作阶段。50年代以后的石油合同一般称为现代石油合同。现代石油合同与传统的租让协议相比有几个方面的变化:具有互惠互利性,使合同关系更加稳固而富有创建性;合同形式的多样化与合同条款的趋向性并存,标准化趋向日益明显;合同增加了灵活性和可调整性条款,减少了争执和重新谈判;资源国政府占有优势;石油合同受改革和国家政策变化的影响朝有利于石油公司的方向变化。但也应看到现代石油合同中对资源国的长远利益缺乏足够的考虑,几乎没有资源可持续发展的条款,并缺少环保条款。估计这方面的内容会逐步纳入到现代石油合同中来。另外从发展趋势上看。可能会更多地采用有利于合资的和各种形式的产量分成合同,并改进和调整合同中实质性条款。
The development of oil contracts has gone through roughly three phases, namely: the rental phase, the confrontation phase and the cooperation phase. Oil contracts after the 1950s are generally called modern oil contracts. There are several changes in modern petroleum contracts compared with the traditional lease agreements: mutual benefits, more stable and creative contractual relations, diversification of contract forms and tendencies of contract clauses, and the trend of standardization is becoming increasingly obvious ; The contract added flexibility and adjustability clauses to reduce disputes and renegotiations; the governments of resource countries have the advantage; and the oil contracts are affected by the reform and the change of national policies in favor of the oil companies. However, it should also be noted that the long-term interests of resource-dependent countries in modern oil contracts are not adequately considered. There are few clauses on sustainable development of resources and the lack of environmental protection clauses. It is estimated that this content will be gradually incorporated into modern oil contracts. In addition, from the development trend. Greater use may be made of joint ventures and various forms of production sharing contracts, as well as improvements and adjustments to the substantive provisions of the contracts.