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stabilization clauses in mining

Articles Corporate Human Rights Obligations under Stabilization Clauses

stabilization clauses. First, stabilization clauses in foreign investment agreements are examined in relation to corporate obligations and responsibility for fundamental human rights. In doing so the substantive and procedural dimension of stabilization clauses is analysed.

Stability Agreements Mining | Bokitiki Kft.

 · Based on the experience of international oil companies in the 20th century, mining companies have been trying in recent years to address the risks of changes in the law by incorporating specific provisions – so-called stabilization clauses – into their long-term ...

Stabilization Clauses in International Petroleum Transactions

2002 STABILIZATION CLAUSES IN INT''L PETROLEUM TRANSACTIONS 221 that risk and then review the types of stabilization clauses available. A. Risks A central question about the security of a petroleum transaction is the nature and degree of risk to

STABILIZATION CLAUSES IN ENERGY SECTOR

Harmonius 2020 262 bilization clause are met. In practice, it is usually envisaged that the parties should take certain initial step to discuss prior to taking any formal action.19 3. THE IMPORTANCE OF THE STABILIZATION CLAUSES IN ENERGY AGREEMENTS

Stabilisation Provisions in Long-Term Mining Agreements

 · Fiscal stabilisation clauses relate to government revenue: taxes, royalties, duties and other imposts. In contrast, legal stabilisation clauses are broader, covering laws and regulations of a non ...

DRC miners join hands to tackle Mining Code stability clauses

 · Most notably, Article 276 provided for 10 years of stability after changes are made to the mining code, and formed the basis of many investment decisions in DRC. This period of stability resulted in over US$10 billion in direct investments by the mining industry which created over 20 000 full time jobs in the DRC.

Stabilization in investment contracts: Rethinking the context, reformulating …

 · Stabilization in investment contracts: Rethinking the context, reformulating the result Over the past two decades, stabilization provisions in investment contracts (and in the domestic law in some developing countries) became a popular demand of investors into ...

STABILIZATION CLAUSES IN NATURAL RESOURCE EXTRACTION …

While stabilization clauses may be beneficial to investors in the sense that they assure, at least on paper, a stable and predictable investment climate, there are questions as to whether these clauses are of any benefit to developing countries. As argued in this ...

Stabilization and adaptation in oil and gas investments | The …

 · Stabilization and adaptation clauses may coexist in the same agreement, their objectives being different. By a stabilization clause the State accepts that the exercise of its legislative and administrative powers will not have the effect of modifying the contractual

Tax Stabilization Clause in Oil and Gas Industry

Stabilization clauses come in different categories in terms of nature and scope. There are three main types of stabilization clauses: the freezing clauses, economicbalancing clauses and International Conference on Energy and Mining Law (ICEML 2018)

(PDF) Mansour 04

A. Introduction. A number of developing countries. 2. negotiate stability clauses with multinational companies. (MNCs) in the context of investment in mining and oil and gas (O&G) or incorporate ...

Stabilisation clauses and state aid

Stabilization Clause | Negotiations Portal

Stabilization Clause | Practical Law

A stabilization clause is a means for foreign investors to mitigate or manage the political risks associated with their project. The most common types of stabilization clauses are: Freezing clauses: These clauses fix or freeze for the term of the project the applicable domestic legislation or regulations affecting the project to those in effect as of the date of the HGA.

Mining Industry Stabilization

 · Mining arsenic stabilization in most jurisdictions, the disposal of arsenic from mine tailings, smelter dust or other industrial applications is strictly regulated.Sgs offers innovative solutions to arsenic management that will ensure your regulatory compliance a.

stabilization clauses in mining

 · International mining companies have 3 or may thus initiate arbitration proceedings for breach of the stabilization clause in the mining code or on the basis of bilateral investment treaties. Other bones of contention between state-owned entities and foreign investors relate to their respective rights under joint venture agreements.

(PDF) THE LEGAL DILEMMA OF STABILIZATION CLAUSES IN THE RENEGOTIATION OF STANDARD MINING …

This article analyzes the legal intricacies surrounding renegotiation of mining agreements in Tanzania and gives out the way to address them. Renegotiation of mining agreement which contain stability clause is very technical and requires effective

stabilization clauses in mineral processing

The stabilization clauses which are included in the current international petroleum, gas and mineral agreements have become a common feature They protect the interests of both the contracting parties to the agreement concerned against any unilateral

Stabilization Clauses In Mining

Stabilization Clauses In Mining 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

stabilization clauses in mining

Stabilization clauses should therefore be narrowly drafted and limited in scope and time, particularly in relation to major revenue streams such as royalties, taxes, duties, and major fees. Stabilization clauses should also not freeze environmental, labor or other

Stabilization Clauses In Petroleum Agreements – TJ ILL

Indeed, in 2001, but without success, GEM attempted to obtain such an agreement in 2001, a few years after claimants` initial investment, and in 2002, Vostokneftegaz – a company controlled by complainants – secured a stability agreement on a number of

Stabilisation Clauses in International Petroleum Contracts Illusion …

Stabilisation clauses are specific commitments by the Host State not to alter the terms of the International Petroleum Agreements by legislation or other means, without the consent of other contracting parties.10 One commentator has traced the origin of stabilisation clauses to the period between World War 1 and World War 2 when US companies began to include them in concessionary …

The Stabilization Clause versus National Sovereignty (a February …

 · The Stabilization Clause versus National Sovereignty (a February 2012 article) It is a long acknowledged fact that in the developing world where most of the world''s natural resources are found, the governments of the day cannot afford the monetary and technical resources to develop the different extractive industries including that of oil.

Mining Arbitrations • Aceris Law LLC

 · Mining companies have also managed to reduce the risks of legislative and regulatory changes by inserting " stabilization clauses " in their contracts with host States. These clauses may be drafted in a variety of forms, but the main purpose is to provide a certain level of predictability and protection to foreign investors.

Stabilization Clauses and Implications for Human Rights and …

 · 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 ...

(PDF) Stabilization Mechanisms in Sponsorship Agreements for Deep Sea Mining …

Stabilization Mechanisms in Sponsorship Agreements for Deep Sea Mining in the Area: Stabilizing the Common Heritage of Mankind Alberto Pecoraro Download PDF Download Full PDF Package This paper A short summary of this paper 37 Full PDFs related to ...

Stabilization and the impact of changing patterns of energy …

 · In its first two issues, the Journal of World Energy Law and Business published several articles on investment protection in the context of efforts by states to change contract terms, focussing on the role of stabilisation clauses. 3 Much of this early discussion reviewed both the existing arbitral awards and scholarly debate from an earlier period for a contemporary audience, noting the ...

What is the Problem with Stabilization Clauses? – NEM

 · Negotiating oil & gas contracts in this climate change era: re-defining the key clauses Practical impact of international energy law and policy Natural resources taxation NEM Energy & Mining Arbitration Media News Upcoming Webinars Podcasts …

International investment regimes, Part 2: Risk mitigation clauses

 · Stabilization clauses Stabilization clauses are widely used in the mining sector, and seek to preserve the deal between the host state and mining project participants for the life of the project by: (a) mitigating or managing the political risks associated with the

Stabilisation clauses and state aid

 · Stabilisation clause, as a risk management tool, is typical of long-term capital-intensive projects in extractive industry, infrastructure or public services (mining, oil, electricity, water etc.)....

Stabilization Clauses In Mining

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 e of stabilization clauses is widespread

Stabilization Clauses In Mining

Stabilization Clauses In Mining Click Here->: Get Latest Price 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 Function of Stabilisation and Renegotiation Clauses in …

Stabilization clauses assure the investor of any future actions of the government or any laws made by the host government which may affect the terms of the contracting agreement. "Stabilization clauses "specifically seek to secure the agreement against future government action or changes in law," either legislative or regulatory.

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

The Realities of Stabilization Clauses in Petroleum Investment Contracts (1)

Frequently, investors in the petroleum sector seek guarantees, contractual or otherwise to protect their investment – through stabilization clauses. Generally, a stabilization clause is a ...

Stabilization Clause | Negotiations Portal

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:

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 ...

Stabilization Clauses in International Petroleum Transactions

241, 243-44 (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 STABILIZATION CLAUSES IN INT''L PETROLEUM TRANSACTIONS ...

Miners to target stability clauses ahead of key DRC code talks

 · MINING companies that arrived in the Democratic Republic of Congo (DRC) for month-long talks regarding implementation of newly promulgated mining code say they will target the recognition of 10-year stability clauses contained in the previous code. Companies including Randgold Resources and Glencore said the stability clauses are contained in the old code of 2002. They pointed …