Legislation Update OHADA's supreme court confirms that an .
Stabilization Clauses in Mining Contracts unpacked at the JMP Mali Conference For the sixth year, government, private sector, donors and academics have gathered to look at the mining industry in Mali at the JMP ("journées des minier et petroleum" or "days of mining and petroleum"). The theme of this
stabilization clauses in mining - overlandconnection
Ghana's Oil Policy Debate: STABILIZATION CLAUSES AND THE,- stabilization clauses in mining,17 Aug 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 companies operating in GhanaRoundtable: Mining 2014 - The Latest Legal Features, Research .
Proposed amendments to the Togolese Mining Code | Global .
Togo's mining sector is governed by law n°96-004 dated 26 February 1996 setting the mining code as amended by law n°2003-012 dated 4 October 2003 (the Mining Code).No regulations are .
Stabilization Clauses In International Investment .
STABILIZATION CLAUSES IN INVESTMENT CONTRACTS Meriç Şar 1 1 Attorney and international law scholar (Member of Istanbul and New York State Bar Associations), LL.B. .
Congo's New Mining Code Opens the Door to Litigation and .
After more than five years of negotiations, Congolese President Joseph Kabila has signed into law a new mining code, provoking strong opposition from companies working in the mineral-rich country.
Stabilization in investment contracts: Rethinking the .
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 developing countries.
stabilization clauses in mining - smoothfab
stabilization clauses in mining Anchoring Stabilization Clauses in International Petroleum,- stabilization clauses in mining,Anchoring Stabilization Clauses in International Petroleum Contracts J NNA EMEKA* Abstract Periods of high gas prices, as recently witnessed, herald repudiation of international petroleum contracts as host governments seek a .Contractual Assurances of Fiscal .
Understanding DRC's new mining law power play: Will the .
The mining code liberalized the sector to attract private investment with a first-come-first-serve 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.
Legal Update – 3 July 2017 – Law firm in Tanzania
Furthermore, 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 .
This short note describes fiscal stability clauses in the mining and oil and gas sectors, and discuss their advantages and disadvantages mainly from a government's point of view.
Oil, Gas, and Mining Fiscal Terms | Natural Resource .
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.
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.
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.
Kinross Gold Second Quarter 2018 Results Analysis .
Mining gold or any metal is a complicated process that could be dangerous and unpredictable. . However, we're relying in part on the stabilization clauses within our mining conventions. There .
Negotiate the Contract - Draft, Negotiate and Review .
A brief and clear introduction to the main issues to be considered when drafting a petroleum contract: type of agreement to enter into, taxes to apply, stabilization clauses to include, termination conditions, and so on. It can also serve as a guide for other large-scale investment projects.
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 implement its international human rights obligations. Specifically, this study examined whether stabilization clauses can limit the .
Stabilisation clauses and state aid | BDK Advokati
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 explorations.
Shemberg - Stabilization Clauses and Human Rights
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.
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. Over the life of the contract .
Inordinate Chill: Bits, Non-NAFTA MITs, and Host-State .
what are known as "stabilization clauses," guaranteeing that the GOI would not enact environmental regulations which affect the mining com- panies' operations, could these claims have arisen out .
Guinea - Glossary - contratsminiersguinee
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 similar rules.
THE RESOURCE NATIONALISM CYCLE, STABILIZATION .
THE RESOURCE NATIONALISM CYCLE, STABILIZATION CLAUSES AND THE NEED FOR FLEXIBILITY . University of Leicester June 2014. i ABSTRACT 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. . stabilization clauses inflexible because .
AFRICAN MINING LEGISLATION ATLAS - Part Guidingtemplate
Stabilization clauses may be very broad and provide that no changes in the law will apply. Such clauses are increasingly out of favour as they prevent the application of advances in health and safety, environmental or labour laws to a mining project which may last several decades.
State Contracts, Stabilization Clauses and Disputes .
State Contracts, Stabilization Clauses and Disputes. 11 May, 2018. . The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-)emerging. In this context it is important for companies associated with .
Stabilisation clauses and state aid | Lexology
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 .
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 .
Senegal - EY
Lastly, the new mining code provides for specific stabilization clauses. Mining titles granted before the enacting of the new mining code are subject to the laws applicable at the moment of .
GAR Chapter: Of Taxes and Stabilisation
Of Taxes and Stabilisation. . exclusive exploring and mining rights over 'vast areas' of the Soviet Union, for 30 to 50 . the insertion, as in the present case, of so-called stabilization clauses: these clauses tend to remove all or part of the agreement from the internal law and to provide for its correlative submission to sui generis .
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 .
LESSONS FROM THE MINING SECTOR
LESSONS FROM THE MINING SECTOR JOSEPH R.A. AYEE, UNIVERSITY OF GHANA 1. 1. Mining and development in Ghana •100 years of mining and yet the sector is the subject of controversy, sometimes driven by facts and emotions . stabilization clauses for 15 years IRS, VAT, CEPS and RAGB lack coordination; weakness in capacity to verify and