stabilization clauses in mining

Part II Key Risks and Disputes Associated with

The chapter then covers expropriations and nationalizations of international mining projects; the principal types of measures employed by Host States to increase their participation in, revenues from, and control over mining projects; breach, repudiation, or forced renegotiation of international mining contracts by Host States; and managing political risk for international mining projects.

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Stabilisation Clauses and the Zambian Windfall Tax CORE

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.

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20 Oct 2017 Geneva, CH IISD Reporting Services (IISD

On Friday, 20 October 2017, IISD Reporting Services, through its ENB Meeting Coverage, covered the 13th Annual General Meeting (AGM) of the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF) Managing Artisanal and Small-scale Mining (ASM), from 16 to 20 October 2017, from the Palais des Nations in Geneva, Switzerland

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Legal assistance to make foreign investment work better

Stabilization clauses are attractive to investors because they help reduce the investor's risk, by establishing clear "rules of the game" and enabling the investor better to adapt to new circumstances that may arise during the life of the contract, thereby

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LEGAL UPDATE fbattorneys.tz

Jul 03, 2017Furthermore, the Government seeks to introduce, particularly in the mining sector, a prohibition on stabilization clauses that entails the 'freezing of laws.' In addition it is proposed that any future stabilization clauses must not be for the life of the mine but have a time limit and be subject to periodic review based on the 'economic

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Extractive sector assets.kpmg

Tax and economic stabilization clauses Financial audit/financial attestation and hardship clauses Mining right and permit granting and renewal clauses Exit clauses Compliance and transparency clauses (EITI, European "PWYP" directive, Dodd-Franck Act, Sapin law, etc.) Alternative dispute resolution clauses

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Zambia's Mineral Fiscal Regime Home IGC

4 Fiscal policies in mining might be classified into four groups royaltytax arrangements (such as Zambia), production sharing, service contracts, and direct state operations. These distinctions will not be pursued here given the use of royaltytax arrangements for mining throughout the world. The latter three

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ICSID Tribunal declines jurisdiction due to claimants

Nov 08, 2018In a recent investment arbitration Award, in Cortec Mining v Kenya, an ICSID tribunal has declined jurisdiction over a claim brought by a trio of mining companies on the basis that the mining licences at issue had not been obtained lawfully due to the Claimants' failure to obtain the required environmental impact assessments.

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The Impact of Foreign Direct Investment in the Mining

decade later, the mining communities in Chiadzwa are much poorer than before. In a regime where contracts are negotiated behind closed doors with guarantee from conidentiality and stabilization clauses, mining companies engage in tax evasion and avoidance which perpetuate resource leakages to the rest of the world, particularly to tax havens and

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TSHEGOFATSO MATSOBANE RAMMUTLA 12108032

manage this risk; this study looks at the fiscal stabilisation clause as it is a particularly popular option for investors. The study takes a qualitative approach through an investigation into literary works and explores how and why the fiscal stabilization clause has become a popular option for fiscal risk management.

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Legal assistance to make foreign investment work better

Stabilization clauses are attractive to investors because they help reduce the investor's risk, by establishing clear "rules of the game" and enabling the investor better to adapt to new circumstances that may arise during the life of the contract, thereby

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The Legal Status of Stabilization Clauses Under National

In focus here are legislative stability provisions, and contractual stabilization clauses contained in investment contracts approved by law, thereby having the force of law. In order to discuss the legal status of legislative stability provisions, national law is by default the law to refer to.

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Cypress Energy Oil, Gas, and Mining Fiscal Terms by

Stabilization Clauses. Petroleum and mineral contracts often have clauses that establish that the law that exists on the day that the contract is signed will govern the agreement, and that subsequent legal changes will not have any effect on the contract.

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STABILIZATION PROVISIONS ECONOMIC LOGIC

"It was specifically in the light of those occurrences that stabilization clauses began to be introduced into concessionary contracts, particularly by American companies in view of their Latin American experiences, and for the express purpose of ensuring that concessions would run their full term, except where the case was one for which the

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Part II The Legal Status of Stabilization Clauses

stabilization clauses with the host state's power to regulate. Where necessary, attention is paid to the differences between classical and modern stabilization clauses. At the outset, it should be noted that the legal validity and effect of stabilization clauses is a very complex and significantly contentious matter. At

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COLLECTIVE BARGAINING CLAUSES Labor

Collective Bargaining Clauses Labor-Management Safety, Production and Industry Stabilization Committees Introduction A cooperative approach is the essence of free collective bargaining,. The agreements negotiated are intended as guides for peaceful day-to-day relations between

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Stabilization Clauses in Investment Contracts in

Stabilization clause is a contractual clause commonly found in investment contracts such as concession agreements wherein the host country grants a concession i.e. a right to develop certain project to the investor. Stabilization clause is a contractual risk management tool that aims to

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Guidelines for Commercial Bluestone Mining on

clauses pertaining to Bluestone Mining. If other versions of WAC's Deed of Conservation Easement have different definitions and clauses pertaining to Bluestone Mining, that version's definitions and clauses serve as the controlling legal language 1) Bluestone Extraction PlanA plan that provides for the identification and application of

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THE NATURE OF MINING CONTRACTS SlideShare

Apr 10, 2016THE NATURE OF MINING CONTRACTS 1. The nature of mining contracts Grain Malunga, 2016 THE NATURE OF MINING CONTRACTS By Grain W. P. Malunga MINERAL RESOURCES AND ENVIRONMENTAL MANAGEMENT EXPERT Abstract Mining contracts are agreements entered into between government and a mining company with an aim to develop mineral

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Legal Issues Arising from a Review of Mining Development

Any future stabilization clauses must not be for the life of the mine but have a time limit and be subject to periodic review based on the economic equilibrium principle. Most MDAs that the GoT has already entered into with foreign investors have clauses that provide for stabilization and give assurances of stability of the fiscal regime applicable to the investors at the time the agreement was made.

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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 long-term contract with a state counterparty that has the power at any time to change the tax law applicable to its contract.

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The Role of Stability and Renegotiation in

3.2 Legal Status of Stabilization Clauses The legality and binding nature of stabilization clauses was upheld in Texaco v. Libya, Kuwait v. Aminoil, and AGIP v. Congo. This reflects the general trend in international arbitral practice. The basis of the stabilization clause is that

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Title The resource nationalism cycle, stabilization

To avert this, investors will often insist on the insertion of stabilization clauses. These clauses constitute an undertaking on the part of the host State, that they will not take any administrative or legislative action that would adversely affect the rights of the investor.

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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 state's action to implement its international human rights obligations.

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Stability clause in Petroleum Agreement will not cause

Jan 03, 2018A stabilization clause is commonly inserted in contracts between investors and host nations to protect investors from future changes in the law that affect the economics of the project.

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THE NATURE OF MINING CONTRACTS SlideShare

Apr 10, 2016THE NATURE OF MINING CONTRACTS 1. The nature of mining contracts Grain Malunga, 2016 THE NATURE OF MINING CONTRACTS By Grain W. P. Malunga MINERAL RESOURCES AND ENVIRONMENTAL MANAGEMENT EXPERT Abstract Mining contracts are agreements entered into between government and a mining company with an aim to develop mineral

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Negotiating development agreements in tough times

Negotiating development agreements in tough times Kinross Gold Corporation's recent announcement that it will not proceed with further development of the Fruta del Norte project in Ecuador has refocused attention on the perennial debate about the equitable allocation of natural resource

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The Legal Status of Stabilization Clauses Under National

In order to discuss the legal status of legislative stability provisions, national law is by default the law to refer to. As to a contractual stabilization clause (which, compared to the previous form, is overwhelmingly encountered in practice), the discussion depends significantly on the law applicable to the contract.

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Stabilization clauses and human rights (الانكليزية

Stabilization clauses and human rights (الانكليزية) البنك الدولي الصفحة الرئيسية خريطة الموقع الفهرس الأسئلة الأكثر تكراراً

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Congo opposition reneging on unity boosts Kabila protege

Nov 13, 2018Other royalties have already been raised and new taxes introduced, while a 10-year stabilization clause was canceled. Cobalt is a key ingredient in the rechargeable batteries used in

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