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Peruvian Expropriation of La Brea and Pariñas Oilfields

Published online by Cambridge University Press:  04 April 2017

Abstract

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Type
Legislation and Regulations
Copyright
Copyright © American Society of International Law 1969

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References

* [The documents requiring translation from the official Spanish text were prepared for International Legal Materials by Helen L. Clagett. Several documents for which the official Spanish text was not available at the time of publication were provided by the U.S. Department of State and Esso Intel America Inc. in the English translation. These documents are so indicated.

* [The text of the Award was provided by the U.S. Department of State.]

** [In 1924, following the arbitration settlement, International Petroleum Company Limited bought La Brea and Pariñas oilfields.]

* [The official Spanish text appeared in El Peruano, June 22, 1922.]

* [The authority granted in Law 7511 of April 25, 1932 (El Peruano, April 27, 1932) was not employed. In 1963, national legislation was enacted which: (1) declared the Award void and (2) revoked the authority initially granted to the Executive Power in 1919 to enter into agreement to submit the controversy to international arbitration. See footnote on page 1211.]

* [The official Spanish text appeared in El Peruano, July 27, 1967.]

** [Law 14696 of November 6, 1963 (El Peruano, November 9, 1963) reads as follows: “Sole Article. The named agreement, convention, and award concerning La Brea y Pariñas, having violated the pertinent legal requirements, are void ipso jure and are not binding on the Republic.”

[At the same time, the authorization initially granted to enter into arbitration was rescinded by Law 14695 of November 6, 1963 (El Peruano, November 9, 1963). Its sole article reads as follows: “The authorization granted to the Executive Power to enter an agreement with Her Majesty’s Britannic Government concerning the submission of the La Brea y Pariñas problem to international arbitration is herewith revoked, Law No. 3016 consequently being repealed.”]

* [The official Spanish text appeared in El Peruano.

[It was under the general authority given in this Law that Supreme Decree No. 080–68-FO of August 9, 1968, was issued, approving the draft contract between I.P.C. and the Peruvian Government. See I.L.M. page 1215.]

* [The official Spanish text appeared in El Peruano, August 14, 1968.]

** [See I.L.M. page 1213.]

*** [See I.L.M. page 1211.]

*** *[See Public Deed incorporating contract at I.L.M. page 1217.]

* [The official Spanish text appeared in El Peruano, August 15, 1968.

[The public deed incorporates the antecedents and contents of the contract into notarial document for official publication.]

** [This Supreme Decree approves draft contract and orders recording of title changed to that of the Republic. See I.L.M. page 1215.]

* [See I.L.M. page 1211.]

** [See I.L.M. page 1213.]

*** [See I.L.M. page 1215.]

* [See footnote on I.L.M. page 1211.]

** [See I.L.M. page 1211.]

* [The “Act of Talara”, dated August 13, 1968, and published in El Peruano of August 14, 1968, is a notarized document containing the official minutes of the actual ceremony where the International Petroleum Company, Ltd., formally transferred ownership of its oil deposits known as La Brea y Pariñas to the Peruvian Government. The document is in the form of summarized minutes, commencing with description of the participating representatives, followed by the action taken by each side. The I.P.C. representatives, citing the pertinent contracts, legislation and agreements, and the registration records of the lands, presented the properties to the government agents present, and the latter then accepted the delivery on behalf of the State and took formal possession thereof. The Peruvian officials then alleged for the record that this act “had finally ended and settled all problems and claims” which might arise between the Peruvian Government and the I.P.C., with respect to the possession and exploitation of these oil deposits which were pending prior to the present act of transfer. The representatives of the Company on their side stated for the record that the act has made “the Peruvian Government definitively the sole and legal owner of the total properties listed.” The document is signed by both sides and attested to by the notary public who drew up the official minutes.]

* [Reproduced from the English text provided to International Legal Materials by Esso Inter-America Inc.]

* [Reproduced from the English text provided to International Legal Materials by Esso Inter-America Inc.

[Opponents of the Peruvian Government’s handling of the I.P.C. settlement maintained that the final page of this contract was missing; the accusation helped to precipitate the October coup in Peru. The English text is 11 pages in length; the original Spanish text was 10 pages.]

* [The official Spanish text appeared in El Peruano, August 16, 1968.

[This Decree attempted to provide for the interim period. The agreement between I.P.C. and the Peruvian Government supplementing the Decree was never negotiated.]

** [See I.L.M. page 1211.]

* [The official Spanish text appeared in El Peruano, August 24, 1968.]

* [The official Spanish text appeared in El Peruano, August 24, 1968.]

* [The official Spanish text appeared in El Peruano, August 24, 1968.]

* [Unofficial English translation provided by the U.S. Department of State.]

** [See footnote on I.L.M. page 1211.]

*** [See I.L.M. page 1211.]

* [Unofficial translation provided by the U.S. Department of State. The statement made by the President of Peru on October 9, 1968, appears at page 1260.]

** [See I.L.M. page 1255.]

*** [See I.L.M. page 1217; Act of Talara noted at page 1220.]

*** *[See I.L.M. page 1226.]

*** **[See I.L.M. page 1244

* [The Spanish text was provided by the Embassy of Peru at Washington, D.C.

[The Decree Laws voiding the contract and expropriating I.P.C. installations appear at I.L.M. pages 125S and 1257.]

* [The Spanish text of the diplomatic note was provided to International Legal Materials by the Embassy of Peru at Washington.]

** [See I.L.M. page 1255.]

*** [See I.L.M. page 1257.]