stabilization clauses in mining
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COLLECTIVE BARGAINING CLAUSES Labor-Management .
Collective Bargaining Clauses: Labor-Management Safety, Production and Industry Stabilization Committees Introduction A cooperative approach is the essence of free collective bargaining,.
Mining Codes And Agreements: The Impact On Financing The ...
Feb 02, 2018· Mining codes traditionally provide for tax and customs provisions and "stabilization" 5 clauses which aim to remedy the legislative uncertainties, along 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 ...
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TANZANIA LAW AND ORDER: Weak tax laws cost Tanzania $133m
Aug 15, 2011· However the project stabilization clauses deterred government from possible review or upward adjustment of terms in mining contracts thereby jeopardizing the guarantee of fiscal stability of long term mining projects.
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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 AGM, hosted by United Nations Conference on Trade and Development (UNCTAD).
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Renegotiation of International Petroleum Agreements
Foreign investors use stabilization clauses to achieve this purpose. Other clauses, such as renegotiation and adaptation clauses, recognize the mutability of .
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Ghana's Oil Policy Debate: | Feature Article 2009-12-14
Dec 14, 2009· A typical example is the 2009 budget of Ghana which seeks to raise the minimum mining royalty from 3 percent to 6 percent, in spite of binding stabilisation clauses with major mining .
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[PDF] Stabilization Clauses and Human Rights | Business ...
The purpose of this study was to examine whether stabilization clauses, a widely used risk-management device in investment contracts, may affect a state's action to implement its international human rights obligations.The study used social and environmental laws (such as nondiscrimination, health and safety, labor and employment rights, and ...
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Sierra Leone Agreement with UK miner is "illegal"
Another clause in the London Mining agreement that is not in the best interest of the country is a ten year tax break for the company, reducing its tax rate from 37.5% to 6%. Furthermore, the contract is initially for 25 years but is renewable for a further 15 years on the same terms and conditions as the current agreement, unless the company suggests amendments.
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Oil, Gas, and Mining - World Bank
practical options around oil, gas, and mining sector devel-opment issues. The end-user community using this resource is diverse, and includes representatives of government, ... 4.10 The Four Main Forms of Stabilization Clause 100 4.11 Claims under Bilateral Investment Treaties (BITs) 104 5.1 Institutional Structure: The Ministry and the ...
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Stabilization Clauses and Human Rights
The purpose of this study is to examine whether stabilization clauses, a widely used risk-management device in investment contracts, may affect a state's action to .
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MOST EFFECTIVE LEGAL MECHANISMS FOR STABILISING PETROLEUM ...
Stabilization clauses even though are very common they may not exist in every contract, some stability clauses 'in the 1960s' were geared towards bidding to 'guard against a wave of nationalization of foreign investor's projects in oil and mining.'
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The Role of Stability and Renegotiation in Transnational ...
Investors however prefer to rely on stabilization by contract to better protect their interests in such long-term investment contracts from political risk, namely by including in it a stabilization clause (Note 17). 3. Stability in Transnational Petroleum Agreements In petroleum agreements, stability is achieved through stabilization clauses.
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Foley Hoag Attorneys Kenneth Figueroa and Alexandra Kerr ...
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 .
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Negotiating development agreements in tough times ...
For example, instead of having a stabilization clause that extends for the life of the project, the parties could agree to a review of the negotiated concessions in the event of a .
PRINCIPLES FOR RESPONSIBLE CONTRACTS
help investors mitigate the risk of changes in law—so-called stabilization clauses— across different sectors and regions and to look at their potential implications for .
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freezing clause - Academic Dictionaries and Encyclopedias
A type of stabilization clause contained in a host government agreement 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 as of ...
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STABILIZATION CLAUSES IN NATURAL RESOURCE .
A stabilization clause could maintain economic equilibrium by providing that the host State shall pay compensation to the resource extraction company in the event that changes to the host State's laws or
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Problematika Stabilization Clauses dalam Kontrak Karya PT ...
clause that called stabilization clauses, meaning that mining / consesions agreement that has been signed today by the Freeport McMoRan and the Indonesian government based on the positive law today and should not be changed arbitrarily by the parties to
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am nl. See generally Esa Paasivirta, Internationalization ...
of stabilization clauses in investment agreements as compared with the asserted sovereign right of the host state to invalidate previously concluded agreements protected .
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Reconciling regulatory stability and evolution of ...
Stabilization clauses are particularly common in large natural resource, energy and infrastructure projects, where high fixed costs require large capital injections in the early stages of the project and where long timeframes are needed for the economic viability of the project.
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COLLECTIVE BARGAINING CLAUSES Labor-Management .
Collective Bargaining Clauses: Labor-Management Safety, Production and Industry Stabilization Committees Introduction A cooperative approach is the essence of free collective bargaining,.
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National Minerals Agency, Sierra Leone
This Clause, known as stabilization clause, is standard to all mining agreements across the world, and it is intended to remove uncertainty and guarantee mining companies a stable fiscal regime within a .
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Stabilization Clauses and Human Rights (May 2009 ...
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 May 27, 2009 This report is not a publication of IFC and should not be attributed to IFC. It .
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Stabilization Clauses (Tax or Regulatory) | Investment ...
Sep 10, 2018· Category Archives: Stabilization Clauses (Tax or Regulatory) Chinese mining giant puts state on notice of BIT claim. 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 subscriber, please Login to access.
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Arbitration of International Mining DisputesLaw and Practice
International mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them.
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Policy Dialogue on Mining and Petroleum ... - JMiles & Co.
Policy Dialogue on Mining and Petroleum Contract Negotiations – Douala 26-27 October 2016 November 2016 Leah Njoroge-Kibe of JMiles & Co. was a speaker at a session dubbed "Challenges Faced by African States in Mining and Petroleum Contract Negotiations with Special Emphasis on Stabilisation Clauses" organized by the United Nations Economic Commission for Africa-Capacity Development .
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INVESTMENT PROTECTION AND GOVERNMENT .
3 Purpose of Stabilization Clauses Aim is protection of the investment from disadvantageous changes to the legal and fiscal framework of the host state.
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Revenue Administration for Extractive Industries Common ...
• Artisanal Mining Large artisanal mining sectors in some countries which consist of both licensed and unlicensed miners and generally operate outside of and have little understanding of the countries regulatory environment. This can be a significant portion of .
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Overview on Mining Law in Burkina Faso and Current Trends ...
Burkina Faso is rich in natural resources and is emerging as one of the most attractive mining destinations in Africa especially for gold exploration and exploitation. Burkina Faso is ranked by Fraser Institute the third most attractive in Africa for mining with only Botswana and Ghana ahead of Burkina Faso. The income from gold plays an important role for the national economy.
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Contracting and regulatory issues in the oil and gas and ...
The overriding importance of contractual clauses in determining the nature of revenue sharing makes it difficult to generalize about the relationship between contract forms and revenue sharing.
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Renegotiation and Adaptation of long-term mining ...
Renegotiation and Adaptation of long-term mining concessions in Zambia By McQueen Zenzo Zaza Student number: 17400971 ... investment codes would include but not limited to incentives such as tax stability clauses, tax holidays, expatriation of funds, compensation for expropriation, zero import duties and many ... 2.8.3 The legal effect of ...
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Resource nationalism: The shock and the law - Canadian ...
Stabilization clauses These clauses aim to 'freeze' the contractual, legislative and regulatory environment of a company's investment. They are most effective in thwarting creeping expropriation.