Sovereign Hold-Up and Technology Adoption: Evidence from the North Sea

Michele Fioretti, Alessandro Iaria, Aljoscha Janssen, Cl\'ement Mazet-Sonilhac and Robert K. Perrons

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Abstract: Contractual relationships between the state and private firms involving large irreversible investments are vulnerable to sovereign hold-up risk: anticipating that the state can unilaterally revise terms once capital is sunk, firms may underinvest. Causal evidence on this mechanism is scarce because sovereign commitment is typically bundled with broader institutional quality. We overcome this identification challenge by exploiting a natural experiment in the North Sea oil and gas industry. In 1985, a Norwegian Supreme Court ruling declared retroactive changes to petroleum licenses unconstitutional, while the UK retained the discretion to revise contracts. Using granular data on the universe of fields and firms from 1975 to 1995, we estimate the impact of this strengthening of sovereign commitment on the adoption of Enhanced Oil Recovery (EOR), a major extraction technology requiring large irreversible investments. Firms exposed to the ruling sharply increased EOR adoption and productivity, gaining market share through aggressive portfolio expansion. We find that private firms with preexisting EOR expertise -- rather than state-owned enterprises -- drove this transformation, leveraging this expertise to diversify into riskier geologies and adopt complementary technologies. These findings establish sovereign commitment as a primary determinant of investment and technology adoption. By tying the state's hands, the ruling transformed promises into credible commitments, effectively functioning as an industrial policy that unlocked a trajectory of technological deepening. While such constitutional protections are critical for investment, a global survey of constitutions reveals that only 30.6% of countries prohibit retroactive legislation beyond criminal law.

Date: 2022-05, Revised 2026-02
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