stabilization clauses in mining

2021-10-20T07:10:56+00:00
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  • Stabilisation Provisions in LongTerm Mining Agreements

    Jul 31, 2019  In contrast, in the mining sector, where productionsharing arrangements are less common, the stabilisation clause will normally be included in a host government agreement (HGA), mining developmentSTABILIZATION CLAUSES IN ENERGY SECTOR This article deals with the importance of the stabilization clauses in the energy industry Characterized by the important capital investments and the agreements related to mining, gas, electricity, etc1 The agreements entered between the host state and the investors in the energy sectorSTABILIZATION CLAUSES IN ENERGY SECTORgenerally, on the one hand, stabilization clause may take a classical form of freezing provision of the law to the date of contract, or regarding the contract as a special law that is supreme to the subsequent state law5 this classical approach of stability clause (also known as stricto sensu clause) if used in the mining and petroleum

  • Stabilisation clauses and state aid Lexology

    May 30, 2017  Stabilisation clause, as a risk management tool, is typical of longterm capitalintensive projects in extractive industry, infrastructure Stabilization Clause 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 Clause Negotiations Portalby 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 hostStabilisation Clauses in International Petroleum

  • International investment regimes, Part 2: Risk mitigation

    May 04, 2021  The most common stabilization clauses in the mining sector are freezing clauses and economic equilibrium clauses Freezing clauses seek contractually to “freeze” the national laws that apply to the contract as of the date of the contract for the term of the projectJun 24, 2021  Stabilization Clauses Stabilization clauses are contractual provisions contained in concession agreements In these clauses, host states undertake that they will not utilize their administrative or legislative prerogatives in a manner that adversely affects the investorStabilization Clauses and Implications for Human Rights Fiscal stabilization clauses may be found in mining contracts, investment laws, and miningrelated tax laws They may, therefore, be project/sector specific or apply to all foreign investments Clauses can vary significantly in form and scopeOther Topics IGF Mining

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

    There are various types of stabilisation clauses The first is a clause stricto sensu7 These are clauses under which the government surrenders its administrative or legislative prerogatives for a specific period of time During this period, the State is not allowed to utilise these prerogatives in a way that overrides the terms of the concessionDec 31, 2019  Home Practical Insights What is the Problem with Stabilization Clauses? What is the Problem with Stabilization Clauses? Published On December 31, 2019 Dr Victoria Nalule Practical Insights Read Full Research Insight What is the Problem with Stabilization Clauses? – NEMMay 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 explorationsStabilisation clauses and state aid BDK Advokati

  • Stabilization Clauses and Implications for Human Rights

    Jun 24, 2021  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 The concession agreements between the Government of Zambia and the mining companies contained Stabilisation clauses which constitute a promise on the part of the host government not to amend its laws in a way that adversely affects the economic rights contained within that particular concession agreement The article examines Stabilisation "Stabilisation Clauses and the Zambian Windfall Tax" by Apr 10, 2012  For example in 2009, the Ghana government sought to raise the minimum mining royalty to 6 percent, in spite of binding stabilisation clauses in contracts with mining companies operating in the country that had the royalty ceiling at 3 percent Stabilization clauses, despite their potential to undermine the sovereignty of a State, are part The Stabilization Clause versus National Sovereignty (a

  • 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 OPIC [p1331] tribunal applied international law to an investment contract and affirmed the validity of a stabilization clause void under the host state’s law However, the tribunal did not sufficiently identify an international custom requiring international law to (PDF) Stabilization Mechanisms in Sponsorship Agreements Apr 30, 2020  The mining venture was governed by an establishment agreement entered into in 1993 between Société des Mines de Loulo SA (Somilo), which operated the mine, and the Republic of Mali The establishment agreement provided for a special fiscal regime and contained a stabilisation clause under which Mali undertook not to alter the fiscal regimeRiding with stabilisers: using stabilisation clauses to

  • Stabilization Clauses In Petroleum Agreements – TJ ILL

    Stabilization Clauses In Petroleum Agreements Foreign investors are well aware that a significant change in the level of taxation poses a serious risk, especially when investing in a country at an early stage of economic and institutional development In many cases, they will obtain appropriate guarantees in this regard, for example in Oct 07, 2011  The rationale for stabilization clauses unraveled The original rationale for stabilization provisions, it seems, was to use legal mechanisms to address political instability in, primarily, developing countries A 2009 report by the International Council on Mining and Metals and the Commonwealth Secretariat questions whether the very legal Stabilization in investment contracts: Rethinking the 241, 24344 (1990) Stabilization clauses are only one type of provision used by foreign companies in an attempt to protect their investment Arbitration and choice of law VOL 30:2 2002 and mining have a serious need for stability that goes beyond shortterm projects 5 Stabilization Clauses in International Petroleum

  • [PDF] Stabilization Clauses and Human Rights Business

    Mar 11, 2008  The purpose of this study was to examine whether stabilization clauses, a widely used riskmanagement device in investment contracts, may affect a state’s action to implement its international human rights obligationsThe study used social and environmental laws (such as nondiscrimination, health and safety, labor and employment rights, and the protection of the tax stabilization clause, oil and gas agreement Abstract An investor in oil and gas industry take the risk of concluding a longterm contract with a state counterparty that has the power at any time to change the tax law applicable to its contract In this situation a state party cannot reassure an investor counterparty sufficiently to take Tax Stabilization Clause in Oil and Gas Industry 1 The stabilisation clause is a form of governmental guarantee in a negotiated petroleum contract, which usually provides that the terms negotiated under the (PDF) Validity and Efficacy of Stabilisation Clauses

  • Stabilization Clauses in International Petroleum

    241, 24344 (1990) Stabilization clauses are only one type of provision used by foreign companies in an attempt to protect their investment Arbitration and choice of law VOL 30:2 2002 and mining have a serious need for stability that goes beyond shortterm projects 5 Dec 31, 2019  Home Practical Insights What is the Problem with Stabilization Clauses? What is the Problem with Stabilization Clauses? Published On December 31, 2019 Dr Victoria Nalule Practical Insights Read Full Research Insight What is the Problem with Stabilization Clauses? – NEMMar 15, 2018  MINING companies that arrived in the Democratic Republic of Congo (DRC) for monthlong talks regarding implementation of newly promulgated mining code say they will target the recognition of 10year stability clauses contained in the previous code Companies including Randgold Resources and Glencore said the stability clauses are contained in the old code of Miners to target stability clauses ahead of key DRC code

  • 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 Apr 10, 2012  For example in 2009, the Ghana government sought to raise the minimum mining royalty to 6 percent, in spite of binding stabilisation clauses in contracts with mining companies operating in the country that had the royalty ceiling at 3 percent Stabilization clauses, despite their potential to undermine the sovereignty of a State, are part The Stabilization Clause versus National Sovereignty (a Stabilization Clauses In Petroleum Agreements Foreign investors are well aware that a significant change in the level of taxation poses a serious risk, especially when investing in a country at an early stage of economic and institutional development In many cases, they will obtain appropriate guarantees in this regard, for example in Stabilization Clauses In Petroleum Agreements – TJ ILL

  • Tax Stabilization Clause in Oil and Gas Industry

    tax stabilization clause, oil and gas agreement Abstract An investor in oil and gas industry take the risk of concluding a longterm contract with a state counterparty that has the power at any time to change the tax law applicable to its contract In this situation a state party cannot reassure an investor counterparty sufficiently to take Stabilization clauses were introduced to reduce political risk and preserve the fiscal regime in international petroleum contracts While practitioners and clients derive comfort from stabilization clauses based largely on international arbitrations precedents, this Anchoring Stabilizing Clauses in International Petroleum 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 investorstate agreements are not easily publicly accessible In 2008, a studyStabilization Clauses in International

  • (PDF) Stabilisation and Renegotiation Clauses in

    Especially, where such would severely disrupt the original contractual equilibrium and fairness40 Moreover, a freezing or classic stabilization clause cannot in practical terms guarantee against the State’s exercise of sovereign authority in the public interest41 Such clauses may however, entitle the aggrieved party to a higher amount of The purpose of this study is to examine whether stabilization clauses, a widely used riskmanagement device in investment contracts, may affect a state's action to implement its international human rights obligations Specifically, this study examined whether stabilization clauses can limit the application of new social and environmental Stabilization Clauses and Human RightsApr 19, 2018  The mining code liberalized the sector to attract private investment with a firstcomefirstserve 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 2002Understanding DRC’s new mining law power play: Will the

  • Tax Stabilization Clause Sample Clauses Law Insider

    Tax Stabilization Clause Sample Clauses Filter Clause: Tax Stabilization Clause Contract Type Jurisdiction Country Include Keywords safety, labor, the environment, and to address the proximate human rights impacts of mining provided that the changes in social and environmental standards are reasonable and generally accepted ** Stabilization Clauses are very controversial, even within the MMDA Working Group Neither this generic clause nor the example clauses provided reflect the opinions of the Working Group (iii) the Facilities will be deemed to be a “mine” and the operations conducted in connection therewith to be “mining” for the purposes of 132 Tax Stabilization Clause MMDA