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  • Exploration in Disputed Territories ( October 2004 )
    Martin D. Beirne and David A. Pluchinsky of Beirne, Maynard & Parsons, L.L.P.

    As U.S. oil and gas exploration companies expand their international holdings and operations, one issue to keep in mind is whether a targeted area of exploration is subject to a territorial dispute between nations. When a dispute arises between competing mineral exploration and exploitation concessions issued by two countries both claiming sovereignty over the same area, the concession holders will likely find themselves in a no-man's land in which no recourse exists in United States courts to resolve the dispute. The two legal doctrines that may preclude consideration of the competing concessions are the political question doctrine and the act of state doctrine.
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