A truly supranational organization with powers to bind its members
and capacity to play an important role in shaping the international
relations of the 21st century is required to face many challenges,
including the prevention of international wars for resources; securing
the efficient exploitation of nonrenewable resources and preventing the
unsustainable depletion of fossil fuel reserves; implementing mechanisms
for more efficient energy consumption; addressing global environmental
impact concerns; and promoting the stability of the world economy while
protecting the wellbeing of its population.
OPEC has been vilified as responsible for petroleum price hikes and
supply shortages. (91) Some refer to the Organization as a clumsy and
"shortsighted cartel." (92) However, OPEC is far from being
solely responsible for such price increases and has been a convenient
scapegoat when someone must be blamed politically for inflationary
trends. (93) Determining what really drives oil prices is not easy:
"Big Oil is pointing fingers at hedge fund managers, who blame
commodity index funds, who in turn cite surging demand in China,
production losses in Nigeria and Iraq, and hostile regimes in Iran and
Venezuela." (94) Japan's 2006 White Paper on International
Trade and Economy concludes that the current level of crude oil prices,
unlike the previous oil shocks, is not supply driven and is caused by
the expansion of the U.S. and Asian economies (95) which creates an
expansion of demand, anxiety about reduced surplus supply capacity of
petroleum products, (96) reduced upstream investments in oil producing
countries, (97) heavier crude oil trading to secure profits by
purchasing crude oil in advance, (98) and poor energy saving investments
by consumer countries. (99)
OPEC's history has a poor record of true organizational
achievements. (100) Price increases may be attributed to speculation and
OPEC's Conference has played a role in fueling speculators'
predictions. (101)
Today, as in 1980, hydrocarbon reserves primarily in the Middle
East are still a "vital interest[] of the United States."(102)
Military intervention has already taken place to protect such interests.
(103)
In the United Kingdom, energy demand and consumption has also grown
steadily in the past decade confirming the importance of a stable oil
supply. (104) The country's energy policy is based on
"pursuing closer international relationships to promote region
stability and economic reform in key energy producing areas." (105)
At the same time "energy efficiency," ultimately meaning using
less energy, is also the goal of the most important consumer countries.
(106)
However, the end of the hydrocarbon era is in sight. The United
States Geological Survey predicts that conventional oil will peak in
2037. (107) Determining objectively the world's undeveloped
reserves, protecting and making available production surplus to adjust
for contingencies, controlling consumption, improving energy efficiency,
developing new technologies, reducing greenhouse emissions, and
preventing resource wars are all issues that should be treated
technically and through a multinational effort.
Among others, Lester Brown has noted that "the western
economic model--the fossil fuel-based, auto-centered, throwaway
economy--is not going to work for China and if it does not work for
China it will not work for India which by 2031 is projected to have a
population even larger than China's, nor will it work for the 3
billion other people in developing countries who are also dreaming the
"America dream." (108)
OPEC's member resources, the Organization's history and
experience, and foremost its potential, call it will play a decisive
role. (109) OPEC may be the only realistic means through which countries
that otherwise would have no voice in the international community of
nations may be seriously taken into account.
The complexity of the many issues involved is well beyond the
limited scope of this work, the main purpose of which is to stimulate
and open the dialogue for the restructuring of the Organization and its
conversion into a more powerful and effective international player.
Obviously, any OPEC amendment is conditioned by the effective political
will of its members. (110) Only if current members reach the necessary
consensus to transform the Organization and have a basic agreement on
its proposed new goals, would an amendment have any practical sense.
This document addresses some of the most important topics of a proposed
road map to be discussed among OPEC members to determine if such
political will is possible. In reviewing this matter the following
issues will be addressed.
1. Are OPEC's goals and structure outdated in view of the
emergent trends in the international energy industry?
2. Do proposed amendments to the United Nations system and the
economic realities of the twenty first century justify a rethinking of
OPEC, its nature, objectives and role?
3. How can OPEC's Secretariat meet the challenges of the
international oil industry in the 21st Century?
The many challenges of a truly global environment and issues that
will affect every person living in the planet may not be adequately
handled with a 1960's mindset. New effective institutions are
required to deal with competing interests and complex issues. If the use
of limited resources requires a world regulator, we need to empower it
soon.
Ultimately, history and institutions are shaped by the character or
lack thereof of individuals. True honest leadership and dedication may
make the difference between an organization that plays a role in the
lives of individuals or fades away as the burning flares of an
extinguishing lamp. The stage is set for true honest leadership to make
a difference in a world hungry for depth and values. Time will tell
whether we were up to the task. The challenge is to transform the
current OPEC into a coalition for change, both inside the Organization
and most importantly for the benefit of the world's economy and as
an effective instrument for peace. This may require creativity and the
ability to use "loose and temporary global policy networks."
(111)
II. ARE OPEC's GOALS AND STRUCTURE OUTDATED IN VIEW OF THE
EMERGENT TRENDS IN THE INTERNATIONAL ENERGY INDUSTRY?
A. OPEC's Formation and Goals
When the OPEC was established in 1960 the petroleum industry was
dominated by the Seven Sisters (112) and the producing countries were
merely trying to avoid further reductions of their internal revenues
through lowered posted prices established unilaterally by the
multinationals. (113) The first OPEC Conference was far from being an
act of war. Oil producing countries were only asking that the oil
companies consult with them before unilaterally reducing posted prices.
(114) At this time member states were primarily concerned with
reductions of their national budgets, lacked the necessary petroleum
exploration and exploitation technical know how (115) and were thus not
fully aware of the nature and value of their resources. Many things have
changed since then. Today, member countries own and control their
hydrocarbon resources, operate national oil companies that develop them,
(116) and prices are established by complex international market
petroleum exchanges. (117) When OPEC was formed issues such as the
scarcity of the oil wealth, rights of indigenous peoples, the
environmental consequences of petroleum production and energy security
were not contemplated. (118)
After more than forty-five years of searching for its identity the
time has come for OPEC to affirm its role as a truly supranational power
that may effectively enhance the sovereignty of its people and allow
true economic development toward a post-hydrocarbon based economy.
Considering its important purposes, potential influence and goals,
the public knows little about OPEC and its role. However, OPEC is
vilified in the United States as responsible for the 1973 oil embargo,
lines and no fuel at gasoline stations and even for not lighting that
year's national Christmas tree. (119) In reality, OPEC may not be
to blame for high oil prices. (120) Further, few are aware that using
oil as a political weapon was "never discussed in OPEC Conferences
or by other organs of the Organization." (121)
OPEC controls 902 billion barrels of oil or 75% of the world's
proved reserves and 61% of the world's proved reserves are located
in the Middle East. (122) According to OPEC's data, 78% of the
total world's oil reserves (897 billion barrels) are located in
OPEC countries, with 57% of those reserves concentrated in Iran, Iraq,
and Saudi Arabia. (123) In 2005, OPEC produced an average of 30.7
million barrels a day while nonOPEC production averaged 41 million
barrels a day. (124)
OPEC was formed as an instrument for its member countries not to
"remain indifferent" to the unilateral conduct by the oil
companies, to demand stable prices from them, (125) and to provide a
forum for regular consultation among its members to unify and coordinate
their policies. (126)
Article 2 of OPEC's Statute describes the Organization's
principal aim as "co-ordination and unification of the petroleum
policies of member countries and the determination of the best means for
safeguarding their interests, individually and collectively." (127)
Today, OPEC's Statute includes as organizational goals the
following:
a. Stabilization of prices in international oil markets. (128)
b. Securing steady income for producing countries. (129)
c. Securing an "efficient, economic and regular supply of
petroleum to consuming nations." (130)
COPYRIGHT 2008 Houston Journal of International
Law Reproduced with permission of the copyright holder. Further reproduction or distribution is prohibited without permission.
Copyright 2008 Gale, Cengage Learning. All rights
reserved. Gale Group is a Thomson Corporation Company.
NOTE: All illustrations and photos have been removed from this article.