Stabilization Clauses In Mining

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Stabilization Clauses In Mining

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 long-term. This was compounded by requirements that existing legal and fiscal regimes at the time of signing a mining contract remained unchanged for .

Stabilisation clause | Oil In Uganda

Stabilisation clause . Find us on: Stabilisation clause. Monday, 5th March 2012 | S. Email this page Tweet more articles in this category. Stabilisation clause . The Africa Mining Vision (AMV) is a policy framework established by the African Union in 2009 to promote equitable, broad-based development through prudent exploitation and .

Transfer Pricing in the Mining Industry - tpcases

5. Tax Stabilisation Clauses Fiscal stabilization clauses are problematic from a tax perspective because they can freeze the fiscal terms in the contract such that changes in tax law may not be applicable to existing mines, foregoing significant government revenue. 6. International Tax Treaties

Dispute Resolution in Africa Mining Assets: Exploring the .

Jul 11, 2018 · The majority of host states have promulgated either a mining code or a mining act, which provides the general framework for mining concessions for domestic and foreign investors. 4 In these scenarios, international arbitration provides an effective dispute resolution mechanism because it provides, inter alia, for a neutral forum, a decision .

Stabilisation Clauses in International Petroleum Contracts .

Stabilisation Clauses in International Petroleum Contracts Illusion or safeguard? 6 Nature and scope of stabilisation clauses in petroleum agreements Stabilisation clauses are specific commitments by the Host State not to alter the terms of the International Petroleum Agreements by legislation or .

Congo's New Mining Code Opens the Door to Litigation and .

After more than five years of negotiations, Congolese President Joseph Kabila has signed into law a new mining code, provoking strong opposition from companies working in the mineral-rich country.

REGULATORY TAKINGS, STABILIZATION CLAUSES AND .

Sep 22, 2003 · REGULATORY TAKINGS, STABILIZATION CLAUSES AND SUSTAINABLE DEVELOPMENT Lorenzo Cotula Session 2.2.: The policy framework for investment: the social and environmental dimensions This paper was submitted in response to a call for papers conducted by the organisers of the OECD Global Forum on International Investment.

Upheaval and uncertainty in mineral regulation in parts of .

May 11, 2018 · Africa, Investment Arbitration, ISDS, Mining, Oil & Gas, Public International Law, State Contracts, Stabilization Clauses and Disputes, Structuring Investments 11 May, 2018 The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may .

GAR Chapter: Of Taxes and Stabilisation

Of Taxes and Stabilisation. . exclusive exploring and mining rights over 'vast areas' of the Soviet Union, for 30 to 50 . the insertion, as in the present case, of so-called stabilization clauses: these clauses tend to remove all or part of the agreement from the internal law and to provide for its correlative submission to sui generis .

As damages phase unfolds in Pakistan mining case, a .

Jul 11, 2017 · As damages phase unfolds in Pakistan mining case, a challenge is lodged against Stanimir Alexandrov – citing his client's alleged interest in a rarely-used valuation method under scrutiny

Foley Hoag Attorneys Kenneth Figueroa and Alexandra Kerr .

Sep 08, 2014 · The session will also explore the enforceability of these clauses and evaluate how stabilization legislation and agreements affect potential mining investments. Figueroa's remarks will focus on international tribunals' enforcement of stabilization clauses and related issues concerning State sovereignty.

Freezing government policy: Stabilization clauses in .

Stabilization clauses and regulatory chill The most sustained examination of stabilization clauses is in a 2008 study spearheaded by John Ruggie and the International Financial Corporation (IFC) of the World Bank.1 The Ruggie/IFC report mostly understands the problem of stabilization clauses as a tradeoff between the need

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

Apr 19, 2018 · 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 years after a permit was granted. But times have changed since 2002.

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 long-term. This was compounded by requirements that existing legal and fiscal regimes at the time of signing a mining contract remained unchanged for .

Stage III: Contract Negotiations Tools and Resources

Stage III: Contract Negotiations Tools and Resources Tools Organizations Type of Tool Tool Description . EI – Mining Industry Contract Negotiation Resources Model Mining Development Agreement 1.0 . agreement to enter into, taxes to apply, stabilization clauses to include, termination conditions, and so on.

Tax Stabilization Clause in Oil and Gas Industry .

The investigation reveals a shift in the tax stabilization clause's scope, and more importantly its objective, over the years. Drafters as well as legal opinion seems to be at odds with the restrictive nature of yesteryear clauses, which may unjustly tie the hands of a host state — and as such a more balanced approach is sought.

Stabilisation clauses and state aid | Lexology

May 30, 2017 · As a result of this stabilization clause, NIS has continued to pay a mining fee equal to 3% of its oil extraction revenues even after 2011, when this fee was increased to 7% by virtue of a new .

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

Ownership of Large Scale Mining in Zambia and Stabilisation Clauses. S. Ng'ambi. Download with Google Download with Facebook or download with email. Ownership of Large Scale Mining in Zambia and Stabilisation Clauses. Download. Ownership of Large Scale Mining in Zambia and Stabilisation Clauses.

The Realities of Stabilization Clauses in Petroleum .

Apr 02, 2013 · Generally, a stabilization clause is a contractual drafting technique used to mitigate political risks in a host country. Foreign investors in the oil and gas industry see the difference in socio .

The Africa Mining Vision (AMV) as a Model for Natural .

The Africa Mining Vision (AMV) as a Model for Natural Resource Governance in Africa Presentation by Antonio Pedro, Director, Sub-regional Office for Eastern Africa United Nations Economic Commission for Africa . . beware of stabilization clauses, BITs/IIAs; export taxes to promote local value

Stabilization Clauses (Tax or Regulatory) | Investment .

Feb 15, 2019 · September 10, 2018 Mining Disputes, Stabilization Clauses (Tax or Regulatory), UNCITRAL and Ad-Hoc Zoe Williams You are not logged in. If you are a .

Stabilisation Clauses in International Petroleum Contracts .

Stabilisation Clauses in International Petroleum Contracts Illusion or safeguard? 6 Nature and scope of stabilisation clauses in petroleum agreements Stabilisation clauses are specific commitments by the Host State not to alter the terms of the International Petroleum Agreements by legislation or .

Stabilisation clauses and state aid | BDK Advokati

May 30, 2017 · As a result of this stabilization clause, NIS has continued to pay a mining fee equal to 3% of its oil extraction revenues even after 2011, when this fee was increased to 7% by virtue of a new legislation on mining and geological explorations.

Stabilization Clauses in International

B. Stabilization clauses: background and debate I. Current features of stabilization clauses in investor- state contracts General information about stabilization clauses in contractual practice is difficult to find, as investor-state agreements are not easily publicly accessible. In 2008, a study

Stabilization Clauses (Tax or Regulatory) | Investment .

Feb 15, 2019 · September 10, 2018 Mining Disputes, Stabilization Clauses (Tax or Regulatory), UNCITRAL and Ad-Hoc Zoe Williams You are not logged in. If you are a .

PDAC 2018 and the bright future for the mining industry - GOXI

As we all know, mining is booming around the world. Commodities prices are generally raising again, and the present and future need of minerals is clearer than eve r. Since it is a matter of survival, the world is going to exploit more minerals to generate clean energy and reduce oil and gas dependence (I say reduce, since oil and gas will be .

Stabilization and the impact of changing patterns of .

The articles by Piero Bernardini, Stabilization and Adaptation in Oil and Gas Investments 1(1) JWELB (2008) 98 and Lorenzo Cotula, Reconciling Regulatory Stability and Evolution of Environmental Standards in Investment Contracts: Towards a Rethink of Stabilization Clauses 1(2) JWELB (2008), are examples of this.

Investments in the deep freeze? Stabilization clauses in .

A few years ago, stabilization clauses in investment contracts became the subject of increased attention by human rights and development groups. A report on Stabilization Clauses and Human Rights, issued by the UN Secretary-General's Special Representative for Business and Human Rights, John Ruggie, was the first comprehensive study to draw on a range of heretofore.

Shemberg - Stabilization Clauses and Human Rights

Shemberg, A., Stabilization Clauses and Human Rights, A Research Paper Conducted for the IFC and the United Nations Special Representative of the Secretary-General on Business and Human Rights, May 27, 2009 (Link to full text). This paper examines whether stabilization clauses, in its application, may affect the duty of a state in implementing its international human rights obligations.

Freezing Clause | Practical Law

A type of stabilization clause contained in a host government agreement (HGA) or 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 project, domestic legislation or regulations affecting the foreign investor and the project or other investment to those in effect .