Production-sharing Agreements
Author : Kirsten Bindemann
Publisher :
Page : 93 pages
File Size : 47,87 MB
Release : 1999
Category : Oil and gas leases
ISBN : 9781901795158
Stabilization and Renegotiation Clauses in State Contracts, National Law and Investment Treaties
Author : Abdallah Ali
Publisher : BRILL
Page : 232 pages
File Size : 27,54 MB
Release : 2024-02-12
Category : Law
ISBN : 9004692754
Book Description
How do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.
A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector
Author : Elena Cima
Publisher : International Environmental La
Page : 264 pages
File Size : 23,89 MB
Release : 2021
Category : Law
ISBN : 9789004463479
Book Description
"This volume draws on a diverse range of international academic expertise and practical experience to enhance the reader's understanding of the shortcomings of existing international trade and investment law disciplines in their application to the multi-faceted nature of energy, and to explore possible avenues to bridge the gap between different areas of international law, with the ultimate goal of paving the way to a multi-faceted and comprehensive approach to the subject matter"--
Stabilization Clauses in International Investment Law
Author : Jola Gjuzi
Publisher : Springer
Page : 585 pages
File Size : 37,6 MB
Release : 2018-12-05
Category : Law
ISBN : 3319972324
Book Description
This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.
Contract Interpretation in Investment Treaty Arbitration
Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 40,18 MB
Release : 2022-01-17
Category : Law
ISBN : 9004414703
Book Description
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
A Review of the Legal Framework on Production Sharing Agreements in the Oil and Gas Industry. The Ugandan Case Study
Author : Kefah Tumusiime
Publisher :
Page : 54 pages
File Size : 42,21 MB
Release : 2021-02-27
Category :
ISBN : 9783346385413
Book Description
Master's Thesis from the year 2021 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, language: English, abstract: This research paper analyses the existing laws and regulatory frameworks in the oil and gas sector with a particular focus on Uganda's oil and gas industry. This research analyses the background of the country's oil and gas industry with specific reference to the adaptation of the Production sharing agreement (PSA) model in as far as oil and gas contracts are concerned. The research commences by undertaking an in depth analysis of the basic laws, regulatory, policy and institutional frameworks concerning the management and administration of the oil and gas sector. The research then focuses on the legal framework on the PSA model pertaining to the ownership of the resources, the issuing of licenses and concessions, in as well as efforts undertaken to safeguard the effects of signing PSAs on aspects of environmental protection. This research is also designed to critically analyse the weaknesses and strengths of the current legal regime as well as identifying the gaps in laws relating to the applicability of PSAs and measures being taken to tackle such gaps in the regulatory framework of the country and exploring the ways in which aspects of transparency and effective management of the oil and gas industry are concerned. The research paper also discusses if other factors such as the different stakeholders like media houses, civil societies, Non-governmental organisations and International Oil and gas companies have a had a role to play in influencing the PSA model as the most appropriate choice of the Ugandan oil and gas contracts. Conclusively the research puts forward recommendations regarding how the gaps in the legal framework on the PSA model should integrate or regulate the identifiable influences of other stakeholders in Uganda's oil and gas industry.
Granting and Renegotiating Infrastructure Concessions
Author : J. Luis Guasch
Publisher : World Bank Publications
Page : 212 pages
File Size : 20,90 MB
Release : 2004-01-01
Category : Business & Economics
ISBN : 9780821357927
Book Description
During the 1990s, infrastructure concessions were hailed as the solution to Latin America's endemic infrastructure deficit, by combining private sector efficiency with rent dissipation brought about by competition. This publication examines the design and implementation of over 1,000 examples of concession contracts, in order to identify the problems that have occurred in the process. It goes on to highlight lessons to be learned for the future, in order to realise the potential benefits of infrastructure reform and to contribute to economic growth and poverty reduction.
The Taxation of Petroleum and Minerals
Author : Philip Daniel
Publisher : Routledge
Page : 471 pages
File Size : 38,78 MB
Release : 2010-04-15
Category : Business & Economics
ISBN : 1136966951
Book Description
Oil, gas and mineral deposits are a substantial part of the wealth of many countries, not least in developing and emerging market economies. Harnessing some part of that wealth for fiscal purposes is critical for economic development: in few areas of economic life are the returns to good policy so large, or mistakes so costly.
International Chamber of Commerce Arbitration
Author : William Laurence Craig
Publisher :
Page : 0 pages
File Size : 37,16 MB
Release : 2000
Category : Law
ISBN : 9780379213928
Book Description
International Chamber of Commerce Arbitration is a hands-on guide providing a critical evaluation of the advantages and disadvantages at every step in the arbitral process including practical facts, figures, pragmatic suggestions and warnings.The book is essential to anyone who is involved in ICC arbitration, or who may have to consider the use of an ICC arbitration clause. Published in cooperation with the International Chamber of Commerce, this text covers every aspect of ICC arbitration. The authors, seasoned experts, provide adetailed description of the arbitral process from the formation of the agreement to arbitrate to the appeal of the enforcement, covering in detail the important rulings of the ICC and their potential impact on future awards. Appendices include a table of cases, table of arbitral awards, table ofauthorities, table of articles on the 1998 ICC Arbitration Rules, and a comprehensive index.
Mastering the Risky Business of Public-Private Partnerships in Infrastructure
Author : Manal Fouad
Publisher : International Monetary Fund
Page : 61 pages
File Size : 23,35 MB
Release : 2021-05-10
Category : Business & Economics
ISBN : 1513576569
Book Description
Investment in infrastructure can be a driving force of the economic recovery in the aftermath of the COVID-19 pandemic in the context of shrinking fiscal space. Public-private partnerships (PPP) bring a promise of efficiency when carefully designed and managed, to avoid creating unnecessary fiscal risks. But fiscal illusions prevent an understanding the sources of fiscal risks, which arise in all infrastructure projects, and that in PPPs present specific characteristics that need to be addressed. PPP contracts are also affected by implicit fiscal risks when they are poorly designed, particularly when a government signs a PPP contract for a project with no financial sustainability. This paper reviews the advantages and inconveniences of PPPs, discusses the fiscal illusions affecting them, identifies a diversity of fiscal risks, and presents the essentials of PPP fiscal risk management.
