Indonesian Journal of Law and Economics Review
Vol. 20 No. 3 (2025): August

Risk Theory as a Basis for International Responsibility for The Unilateral Exploitation of Joint Oil Fields

Ayobe, Maha Mohammed (Unknown)
Uloom, Ibrahim Bahr Al (Unknown)
Wahhab, Ali Abdulhussein (Unknown)



Article Info

Publish Date
10 Jul 2025

Abstract

General Background: The exploitation of cross-border natural resources, particularly oil fields, poses intricate challenges in the realm of public international law. Specific Background: While the principle of permanent sovereignty grants states the right to utilize resources within their territories, complexities arise when these resources span multiple jurisdictions. Knowledge Gap: Current legal discourse lacks comprehensive analysis on the basis of international responsibility for unilateral actions within such joint resource zones. Aim: This research investigates the international legal foundations for state responsibility in the unilateral exploitation of shared oil fields. Results: The study demonstrates that although a state may act within its sovereign rights, unilateral exploitation can cause transboundary damage, thereby invoking international responsibility grounded not on fault, but on harm caused. Novelty: The research introduces risk theory as a legitimate basis for attributing international responsibility, even in the absence of unlawful conduct, emphasizing damage and causation over intent. Implications: This approach promotes equitable resource governance and offers a legal framework to mediate disputes between states sharing oil reserves, reinforcing international cooperation and environmental justice principles. Highlights: Defines state responsibility for exploiting transboundary oil fields. Introduces risk theory as a legal basis beyond fault. Emphasizes equitable and cooperative resource management. Keywords: Permanent Sovereignty, Unilateral Exploitation, Joint Oil Fields, International Responsibility, Risk Theory

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Journal Info

Abbrev

ijler

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Law and Economics Review (IJLER) is published by Universitas Muhammadiyah Sidoarjo four times a year. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of ...