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Stabilization Clauses In Mining

This short note describes fiscal stability clauses in the mining and oil and gas sectors, and discuss their advantages and disadvantages mainly from a governments point of view.Discover the.

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  • PDF Mansour 04 Fiscal Stability Clauses Unpublished

    This short note describes fiscal stability clauses in the mining and oil and gas sectors, and discuss their advantages and disadvantages mainly from a governments point of view.Discover the.

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  • Dispute Resolution In Africa Mining Assets Exploring

    Such adverse measures include expropriation, discrimination or unfair treatment by government agencies or national courts, violations 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 agreement, the mining company could try.

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  • The Realities Of Stabilization Clauses In Petroleum

    Home sweet crude the realities of stabilization clauses in petroleum investment contracts 1 the realities of stabilization clauses in petroleum investment contracts 1 on april 2, 2013 12.

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  • Stabilization Clauses In Oil And Gas Contracts Free

    After reviewing the meaning and aim of stabilization clauses in oil and gas contracts, it is now important to note the varied functions of the stabilization clauses which are used in almost every oil and gas contracts.As the primary intention behind inserting stabilization clause in oil and gas contracts is to make the contracts unaffected by.

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  • Stabilization Clauses And Human Rights English The

    Stabilization clauses and human rights english abstract.The purpose of this study was to examine whether stabilization clauses, a widely used risk-management device in investment contracts, may affect a states action to implement its international human rights obligations.

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  • Energy Law Balancing Stabilization Clause With

    Below, are two stabilization clauses of the nation-state of angola and the people republic of china that are seemingly in sync with the position of this paper concerning balancing the interests of iocs against those of the host nation and communities.Also, they are in accord with the 1962 un declaration as well as modern trends in natural.

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  • Meaning Evolution Rationale Sources And Typology

    Abstract.A stabilization clause generally refers to any clause that is contained most typically in an investment contract concluded between a host state or state company and a foreign investor, and in some occasions in a domestic law, regulation, or other administrative act, and that is addressed to an identifiable category of investors.

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  • Stabilization Clause In Oil And Gas Contracts My

    These stabilization clauses the inclusion of which is being made in the present international oil and gas agreements have become a feature that is common.The main interest of both the parties contracting to the agreement which is concerned with the unilateral modification or termination be wither of the parties which there bein a consent of the other party which has obtained in advance is.

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  • The Legal Status Of Stabilization Clauses Under

    The question about the legal validity and effect of stabilization clauses is raised also where, in addition or in the alternative to national law, international law applies to the investment.

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  • Stabilization Clauses And Human Rights

    Stabilization clauses and human rights.The purpose of this study was to examine whether stabilization clauses, a widely used risk-management device in investment.

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  • Evidence And Implications Oxford Institute For Energy

    Yet stabilization clauses are typically offered in developing, not developed, countries.Section 3 assesses the effectiveness of such mechanisms by looking at specific countries experiences, and discusses the central issues related to the design and implementation of fiscal stabilization measures.

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  • PRINCIPLES FOR RESPONSIBLE CONTRACTS

    International finance corporation to compare contractual clauses that are meant to help investors mitigate the risk of changes in lawso-called stabilization clauses across different sectors and regions and to look at their potential implications for human rights.4 it was the first empirical study of its kind.This research then served.

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  • Legal Issues Arising From A Review Of Mining

    By aisha ally sinda, senior associate, bowmans tanzania.After independence, the government of tanzania the got made various attempts to put in place the requisite policy and legal framework for growth of the economy.In 1967, the got opted for a socialist path of economic development through the arusha declaration on socialism and self-reliance.The mining ordinance, which.

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  • 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 other means,.

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  • CONTRACTUAL ASSURANCES OF FISCAL STABILITY Philip

    2 stability clauses have been used to insulate investors from having to implement new environmental and social laws.See, international finance corporation, stabilization clauses and human rights, march 11, 2008.3 thus the paper is not concerned with fiscal stabilization in a.

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  • Stabilization Clauses In Investment Contracts In

    Stabilization clause is a contractual risk management tool that aims to maintain legal and economic equilibrium of the investment project by preventing unilateral actions of the host country in exercising its sovereign functions.However, when the host country is a developing one then stabilization clauses may adversely affect the development.

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  • EI Sourcebook Shemberg Stabilization Clauses And

    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.

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  • Stabilization Clauses And Human Rights The World Bank

    Stabilization clauses for the purposes of this study, stabilization clauses are those clauses in private contracts between investors and host states that address changes in law in the host state during the life the project.Use of stabilization clauses is widespread across industries and regions of.

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  • GAR Chapter Of Taxes And Stabilisation

    These stabilization clauses, freely accepted by the government, do not affect the principle of its sovereign legislative and regulatory powers, since it retains both in relation to those, whether nationals or foreigners, with whom it has not entered into such obligations, and that, in the present case, changes in the legislative and regulatory.

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  • INVESTMENT PROTECTION AND GOVERNMENT

    And government contracts chances stabilization clauses dr.Anke meier, ll.M.Kiev, 15 november 2013.2 content purpose of stabilization clauses types of stabilization clauses examples of stabilization clauses areas of application.3 purpose of stabilization clauses aim is protection of the investment from disadvantageous changes to the legal and fiscal framework of the.

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  • Stabilisation Clauses And State Aid BDK Advokati

    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.Economic equilibrium clauses are a modern version.

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  • Fiscal Stabilization IGF Mining

    Fiscal stabilization clauses can be used in ways that are problematic from a tax perspective, as they can freeze the fiscal terms in the law or contract at the time a project begins, such that changes in tax law may not be applicable to existing mines.

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  • 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.

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