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Shemberg Stabilization Clauses and Human Rights

ShembergA.Stabilization Clauses and Human RightsA Research Paper Conducted for the IFC and the United Nations Special Representative of the SecretaryGeneral on

stabilization clauses in mining miningbmw

OilGasand Mining Fiscal Terms Revenue Watch Institute. What are oilgasand mining fiscal terms? In most countriesthe extractive industries develop and operate through relationships between sovereign governments and

CONTRACTUAL ASSURANCES OF FISCAL STABILITY Philip Daniel

Fiscal stability clauses are more common in mining and petroleum agreements negotiated by developing or transition countries than in those negotiated by developed countries. Some developing countries with a significant petroleum sectorincluding Angola and Nigeriaand most developed countriesincluding Norway and the United Kingdomdo not grant fiscal stability clauses in their

Stabilisation Clauses and the Zambian Windfall Tax

Zambia Social Science Journal Volume 1|Number 1 Article 7 512011 Stabilisation Clauses and the Zambian Windfall Tax Sangwani Ng'ambi University of Zambia

Stabilization Clause Negotiations Portal

A clause in a contract between an investor and a host state that addresses changes in law in the host state during the life of the project. There are three broad categories of stabilization clauses

stabilization clauses in mining calibreofficefurniture.co.za

Stabilization Clause Practical Law. A stabilization clause is a means for foreign investors to mitigate or manage the political risks associated with their project.

Stabilisation clauses issues and trends Lexology

Stabilisation clauses are contractual protections often incorporated into long term investment or concession contracts between international investors and states. Over the life of the contract

Evidence and Implications

yet stabilization clauses are typically offered in developingnot developedcountries. Section 3 Section 3 assesses the effectiveness of such mechanisms by looking at specific countries’ experiencesand

Stabilization in investment contracts Rethinking the

Stabilization in investment contracts Rethinking the contextreformulating the result. Over the past two decadesstabilization provisions in investment contracts and in the domestic law in some developing countriesbecame a popular demand of investors into developing countries.

Ghana?s Mining Stability Agreement The Blame Game is on

The mining stability agreement signed between the government of Ghana and companies to protect the investment of the companies due to the risk of mining and it being

STABILISATION CLAUSES AND HUMAN RIGHTS OECD

Stabilization Clauses and Human Rights Concerns about stabilization clauses and human rights arose in earnest in 2003 when the oil company BP published its private investment contracts relating to a major crossborder pipeline project.

Stabilisation clauses and state aid BDK Advokati

As a result of this stabilization clauseNIS has continued to pay a mining fee equal to 3% of its oil extraction revenues even after 2011when this fee was increased to 7% by virtue of a new legislation on mining and geological explorations.

Stabilisation clauses and state aid Lexology

As a result of this stabilization clauseNIS has continued to pay a mining fee equal to 3% of its oil extraction revenues even after 2011when this fee was increased to 7% by virtue of a new

Mining tax alert SenegalJanuary 2017 EY

Lastlythe new mining code provides for specific stabilization clauses. Mining titles granted before the enacting of Mining titles granted before the enacting of the new mining code are subject to the laws applicable at the moment of their entry into force.

stabilization clauses in mining smoothfab.co.za

stabilization clauses in mining Anchoring Stabilization Clauses in International Petroleum stabilization clauses in mining Anchoring Stabilization Clauses in International Petroleum Contracts J NNA EMEKA* Abstract Periods of high gas pricesas recently witnessedherald repudiation of international petroleum contracts as host governments

Stabilization Clauses Tax or RegulatoryInvestment

10/09/2018#0183;#32;September 102018 Mining DisputesStabilization Clauses Tax or Regulatory)UNCITRAL and AdHoc Zoe Williams You are not logged in.

The Role of Stability and Renegotiation in Transnational

Stability of existing agreements is the major means of investment protection at the disposal of multinational oil companies. This is achieved by inserting stabilization clauses to ensure that future changes in policy or legislation of the host

CHAPTER 5 eisourcebook

described!in!Box!5.112.!It!is!important!to!note!that!hybrids!are!common!and!that! more!than!one!form!of!stabilization!clause!may!exist!in!a!single!contract!

ProductionSharing Agreement Negotiations Portal

ProductionSharing Agreement Contracts commonly used in the petroleum sector between an investor and the host state or a national oil companywhich entitle the host state to a share of the physical quantities of the petroleum produced.

2018 AGM Agenda Intergovernmental Forum

Intergovernmental Forum on Mining 2018 AGM Agenda 2018 AGM Agenda. The IGF is pleased to present a variety of timely and innovative sessions at this year’s AGMhosted by United Nations Conference on Trade and Development UNCTAD).

Stabilization Clauses Tax or RegulatoryInvestment

10/09/2018#0183;#32;September 102018 Mining DisputesStabilization Clauses Tax or Regulatory)UNCITRAL and AdHoc Zoe Williams You are not logged in.

Stabilization Investment Treaty News IISD

Freezing government policy Stabilization clauses in investment contracts To a significant extent the site of debate about the terms of globalization and its relationship to the regulatory state has shifted from the World Trade Organization to the world of investment treaties and arbitration.

OilGasand Mining Fiscal Terms Natural Resource

Stabilization clauses should not freeze environmentallabor or other similar rules. What are other features of the legal relationship between governments and companies? Fiscal terms are only one aspect of the rights and obligations set out between companies and

France Mining Codes And Agreements The Impact On

2/02/2018#0183;#32;Mining codes traditionally provide for tax and customs provisions and quot;stabilizationquot5 clauses which aim to remedy the legislative uncertaintiesalong with provisions relating to the nature of the mining titles and therefore the securities that can be taken out on these mining titles 6)the government's participation in the project which necessarily affects financing)sometimes the

Understanding DRC’s new mining law power play Will the

The mining code liberalized the sector to attract private investment with a firstcomefirstserve licensing systemuniversally applicable taxesand a stabilization clause that guaranteed investors that the code’s provisions would apply for at least 10 years after a permit was granted.

MMDA Project » Resources

Model Mining Development Agreement MMDA)a project of the Mining Law Committee of the International Bar Association.

Renegotiating Investment Contracts The Case of Mining

Nonethelessthe 2002 Mining Code has made it possible for any exploitation license holder to lease and/or transfer its rights.183 Howeverit does not give any model of contract to be used especially when the lessor or transferor is a stateowned enterprise. 184 The only existing guidance refers to a compulsory insertion in the contract of an accelerated termination clause in case the lessee

Proposed amendments to the Togolese Mining Code Global

Togo is the world’s fourth most important producer of phosphatewith an output of 1.2 million tons in 2013. Its extractive industry is largely dominated by the exploitation of this substancewhich represented 7.5% of the country’s exports in 2011but its subsoil also holds goldiron orebauxitegypsummanganeseuranium and zinc.

Renegotiation of International Petroleum Agreements

Foreign investors use stabilization clauses to achieve this purpose. Other clausessuch as renegotiation and adaptation clausesrecognize the mutability of

Freezing Clause Practical Law

A type of stabilization clause contained in a host government agreement HGAor other international investment agreement between a local or host government and a foreign investor concerning a project or other investment which fixes or freezes for the term of the projectdomestic legislation or regulations affecting the foreign investor and

PRINCIPLES FOR RESPONSIBLE CONTRACTS

help investors mitigate the risk of changes in law—socalled stabilization clauses— across different sectors and regions and to look at their potential implications for

Dispute Resolution in Africa Mining Assets Exploring the

Such adverse measures include expropriationdiscrimination or unfair treatment by government agencies or national courtsviolations of stabilization clauses contained in investment treaties or withdrawals of tax exemptions. To the extent these disputes do not already qualify as breach of the concession agreementthe mining company could try to sue the host state in its domestic courts. A

Lands Ministry pushes for review of stability agreements

“The stabilization contract in my view should not be allowed for emerging countries like Ghana. Any country or oil rich nation that would want to impose stabilization clauses is because of fear of the IOC or the international mining company of the level of stability in that country. Ghana is a very peaceful countrythe democracy that we have enjoyed alone is a credit. As such what is the

THE RESOURCE NATIONALISM CYCLESTABILIZATION CLAUSES

THE RESOURCE NATIONALISM CYCLESTABILIZATION CLAUSES AND THE NEED FOR FLEXIBILITY IN CONCESSION AGREEMENTS Thesis submitted for the degree of Doctor of Philosophy at the University of Leicester By Patrick K.M.S. Ng’ambi LL.B. De Montfort)LL.M. Cornell)A.C.I.Arb Department of Law University of Leicester June 2014. i ABSTRACT Foreign direct investment in the mining

Investments in the deep freeze? Stabilization clauses in

A few years agostabilization clauses in investment contracts became the subject of increased attention by human rights and development groups. A report on Stabilization Clauses and Human Rightsissued by the UN SecretaryGeneral’s Special Representative for

IFC John Ruggie release draft paper on foreign direct

The purpose of this study was to examine whether stabilization clausesa widely used riskmanagement device in investment contractsmay affect a state’s action to implement its international human rights obligationsThe study used social and environmental laws such as nondiscrimination

A/HRC/17/31/Add.3 General Assembly OHCHR Home

Stabilization clauses Contractual stabilization clausesif usedshould be carefully drafted so that any protections for investors against future changes in law do not interfere with the State’s bona fide efforts to implement lawsregulations or policies in a

Stabilization Clauses and Human Rights

The purpose of this study is to examine whether stabilization clausesa widely used riskmanagement device in investment contractsmay affect a state's action to

study of crushing and grinding regalcollege.in

Crushing And Mining is a leading and pioneering enterprise with the most advancedinternational level in RDmanufacturing and selling of largescale crushing Know More The Effects of Blasting on Crushing and Grinding Efficiency

Kenya wins BIT arbitrationas Binniechaired tribunal

23/10/2018#0183;#32;What we do Investment Arbitration Reporter is a news analysis service tracking international arbitrations between foreign investors and sovereign governments.

The Andean approach to stabilisation clauses

Although stabilisation clauses are generally used by actors of the oil and mining sectorsthe Andean experience shows their implementation to other areas. In effectdifferent economic activities where investors wanted to develop their investment are identified in reviewing the list of contracts of legal stability entered into by the Peruvian Government. Within more than 500 of the contracts

Negotiating development agreements in tough times

For exampleinstead of having a stabilization clause that extends for the life of the projectthe parties could agree to a review of the negotiated concessions in the event of a material change in project economics. As the mining company will want to limit the possibility of a review being triggered by a simple reconsideration of the deal by the governmentcare will need to be taken to

Stabilization clauses and human rights EnglishThe

Stabilization clauses and human rights EnglishAbstract. The purpose of this study was to examine whether stabilization clausesa widely used riskmanagement device in investment contractsmay affect a state's action to implement its international human rights obligations.

Congo opposition reneging on unity boosts Kabila protege

Other royalties have already been raised and new taxes introducedwhile a 10year stabilization clause was canceled. Cobalt is a key ingredient in the rechargeable batteries used in electric

THE RESOURCE NATIONALISM CYCLESTABILIZATION CLAUSES

THE RESOURCE NATIONALISM CYCLESTABILIZATION CLAUSES AND THE NEED FOR FLEXIBILITY IN CONCESSION AGREEMENTS Thesis submitted for the degree of Doctor of Philosophy at the University of Leicester By Patrick K.M.S. Ng’ambi LL.B. De Montfort)LL.M. Cornell)A.C.I.Arb Department of Law University of Leicester June 2014. i ABSTRACT Foreign direct investment in the mining

Stabilization Clauses and Human Rights

The purpose of this study is to examine whether stabilization clausesa widely used riskmanagement device in investment contractsmay affect a state's action to implement its international human rights obligations. Specificallythis study examined whether stabilization clauses can limit the

Resource nationalism in Tanzania Implications for

Stabilization clauses in the Mining Act of 1998 ensured that it was impossible for the government to revise fiscal agreements upward over the longterm. This was compounded by requirements that existing legal and fiscal regimes at the time of signing a mining contract remained unchanged for the entire life of the contract. In additioneconomic clauses required the government to compensate the

Lands Ministry pushes for review of stability agreements

“The stabilization contract in my view should not be allowed for emerging countries like Ghana. Any country or oil rich nation that would want to impose stabilization clauses is because of fear of the IOC or the international mining company of the level of stability in that country. Ghana is a very peaceful countrythe democracy that we have enjoyed alone is a credit. As such what is the

AMLA = African Minerals Ltd Mining Agreementsigned on 6

NACE Briefing. 18/8/200Freetown. NACE URGENTLY CALLS ON PRESIDENTPARLIAMENT TO REVISE AFRICAN MINERALS AGREEMENT. NACE is calling on the President and Parliament to demand a review of the mining agreement signed between the Government and African Minerals Limited.

MMDA Project » Resources

Model Mining Development Agreement MMDA)a project of the Mining Law Committee of the International Bar Association.


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