stabilization clauses in mining

(PDF) Ownership of Large Scale Mining in Zambia and ...

OWNERSHIP OF LARGE SCALE MINING IN ZAMBIA AND STABILISATION CLAUSES By Sangwani Patrick Ng’ambi* and Prince Mwiinga** I INTRODUCTION Foreign direct investment involves ‘an investment involving a long-term relationship and reflecting a lasting interest and control by a resident entity in one economy in an enterprise resident in an economy other than that of the foreign

Other Topics - IGF Mining

Fiscal stabilization clauses may be found in mining contracts, investment laws, and mining-related tax laws. They may, therefore, be project/sector specific or apply to all foreign investments. Clauses can vary significantly in form and scope. The scope, duration, and application, of stabilization clauses are implicated in a growing number of ...

Stabilisation clauses and state aid - Lexology

2017-5-30 · Stabilisation clause, as a risk management tool, is typical of long-term capital-intensive projects in extractive industry, infrastructure or public services (mining, oil, electricity, water etc ...

Stabilization Clause | Negotiations Portal

2021-5-12 · 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: Freezing clauses ― that specify that the law that is in effect on the day that a contract is signed will apply to the project for the life of the project notwithstanding any subsequent changes in ...

Stabilisation Clauses in International Petroleum Contracts ...

2021-9-1 · by investors to include stabilization clauses in their petroleum agreements. These clauses provide, at least in apprearance, a bulwark against unilateral host review of the initial contract terms through legislative or administrative action. This paper discusses the value of stabilisation clauses to the foreign investors, the host

(PDF) Validity and Efficacy of Stabilisation Clauses ...

2006-8-29 · The article is about typologies of stabilization clauses in petroleum contracts, their functional values and effectiveness on protection of investment. Discover the world's research 20+ million ...

Stabilization Clauses and Implications for Human Rights ...

2021-6-24 · Stabilization Clauses and Implications for Human Rights and Gender Equality. FDI projects, particularly in the extractive sector, are often governed by concession contracts between states and investors. These contracts may include stabilization clauses, under which states agree to refrain from using their legislative or administrative prerogatives in a manner that adversely affects the investor.

Ghana: Review Stabilisation Clauses in Petroleum Contracts ...

2021-10-13 · An offshore oil well Stabilisation clauses place huge limits on enacting policies. Given this context, however, the government’s long-term petroleum contracts with International Oil companies (IOCs) which include stabilisation clauses, covering the ‘entire life’ of contracts, places significant limits on the government to advance legitimate policy goals in a rapidly changing world.

(PDF) Ownership of Large Scale Mining in Zambia and ...

OWNERSHIP OF LARGE SCALE MINING IN ZAMBIA AND STABILISATION CLAUSES By Sangwani Patrick Ng’ambi* and Prince Mwiinga** I INTRODUCTION Foreign direct investment involves ‘an investment involving a long-term relationship and reflecting a lasting interest and control by a resident entity in one economy in an enterprise resident in an economy other than that of the foreign

International investment regimes, Part 2: Risk mitigation ...

2021-5-4 · Stabilization clauses. Stabilization clauses are widely used in the mining sector, and seek to preserve the deal between the host state and mining project participants for the life of the project by: (a) mitigating or managing the political risks associated with the project; (b) restoring economic equilibrium between parties should it be ...

The resource nationalism cycle, stabilization clauses and ...

The resource nationalism cycle, stabilization clauses and the need for flexibility in concession agreements. Foreign direct investment in the mining and oil industries is invariably fostered through the signing of concession agreements between the host State and the investor. Such concessions may contain fiscal incentives, to encourage the flow ...

Stabilization Clauses and Implications for Human Rights ...

2021-6-24 · Stabilization Clauses and Implications for Human Rights and Gender Equality. FDI projects, particularly in the extractive sector, are often governed by concession contracts between states and investors. These contracts may include stabilization clauses, under which states agree to refrain from using their legislative or administrative prerogatives in a manner that adversely affects the investor.

Stabilization Clauses in International Petroleum

2021-10-13 · Margarita T.B. Coale, Stabilization Clauses in International Petroleum Transactions, 30 Denv. J. Int'l L. & Pol'y 217 (2002). This Article is brought to you for free and open access by the University of Denver Sturm College of Law at Digital

Ghana: Review Stabilisation Clauses in Petroleum Contracts ...

2021-10-13 · An offshore oil well Stabilisation clauses place huge limits on enacting policies. Given this context, however, the government’s long-term petroleum contracts with International Oil companies (IOCs) which include stabilisation clauses, covering the ‘entire life’ of contracts, places significant limits on the government to advance legitimate policy goals in a rapidly changing world.

Reconceptualizing Stabilization Clauses in Light of a ...

2018-12-5 · Stabilization Clauses and Human Rights: A Research Project Conducted for IFC and the United Nations Special Representative of the Secretary-General on Business and Human Rights. Accessed 31 March 2018.

13.2 Tax Stabilization Clause - MMDA Project.org

*For related clauses, see 8.5 State Guarantees and 14.0 Fair and Economical Project Operation. ** Stabilization Clauses are very controversial, even within the MMDA Working Group. Neither this generic clause nor the example clauses provided reflect the opinions

Stabilisation clauses and state aid | BDK Advokati

2017-5-30 · These clauses can be found in private contracts between investors and host state, as well as in bilateral treaties. The doctrine identifies three main types of stabilization clauses. Traditional freezing clauses, largely abandoned nowadays, exempt an investment from the application of new laws.

The Realities of Stabilization Clauses in Petroleum ...

The Realities of Stabilization Clauses in Petroleum Investment Contracts (1) With the pending passage of the Petroleum Industry Bill (PIB), the issue of policy reversal proposition that may affect ...

The resource nationalism cycle, stabilization clauses and ...

The resource nationalism cycle, stabilization clauses and the need for flexibility in concession agreements. Foreign direct investment in the mining and oil industries is invariably fostered through the signing of concession agreements between the host State and the investor. Such concessions may contain fiscal incentives, to encourage the flow ...

Investment Contracts and International Law: Charting a ...

2020-8-7 · In Guinea’s mining sector, for example, stabilization clauses were reported to have created a ‘dual legal regime’, whereby new community development requirements were only applied to mining concessions granted after the adoption of the legislation introducing those requirements. 60 This interrelatedness of issues means that advancing the ...

Oil, Gas, and Mining Fiscal Terms | Natural Resource ...

2021-11-20 · Stabilization clauses should not freeze environmental, labor 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 governments in

Reconceptualizing Stabilization Clauses in Light of a ...

2018-12-5 · Stabilization Clauses and Human Rights: A Research Project Conducted for IFC and the United Nations Special Representative of the Secretary-General on Business and Human Rights. Accessed 31 March 2018.

Stabilization Clauses in International Petroleum

2021-10-13 · Margarita T.B. Coale, Stabilization Clauses in International Petroleum Transactions, 30 Denv. J. Int'l L. & Pol'y 217 (2002). This Article is brought to you for free and open access by the University of Denver Sturm College of Law at Digital

Stabilization and adaptation in oil and gas investments ...

2008-5-1 · Stabilization and adaptation clauses may coexist in the same agreement, their objectives being different. By a stabilization clause the State accepts that the exercise of its legislative and administrative powers will not have the effect of modifying the contractual conditions agreed with the investor to the latter’s detriment.

13.2 Tax Stabilization Clause - MMDA Project.org

*For related clauses, see 8.5 State Guarantees and 14.0 Fair and Economical Project Operation. ** Stabilization Clauses are very controversial, even within the MMDA Working Group. Neither this generic clause nor the example clauses provided reflect the opinions

Stabilisation clauses and state aid | BDK Advokati

2017-5-30 · These clauses can be found in private contracts between investors and host state, as well as in bilateral treaties. The doctrine identifies three main types of stabilization clauses. Traditional freezing clauses, largely abandoned nowadays, exempt an investment from the application of new laws.

Understanding DRC’s new mining law power play: Will the ...

2018-4-19 · The mining code liberalized the sector to attract private investment with a first-come-first-serve licensing system, universally applicable taxes, and a stabilization clause that guaranteed investors that the code’s provisions would apply for at least 10

The Realities of Stabilization Clauses in Petroleum ...

The Realities of Stabilization Clauses in Petroleum Investment Contracts (1) With the pending passage of the Petroleum Industry Bill (PIB), the issue of policy reversal proposition that may affect ...

Copyright © 2020.Company name All rights reserved.SiteMap