Host Government Agreements and the Law in the Energy Sector

Host Government Agreements and the Law in the Energy Sector

Author: Hakan Sahin

Publisher: Routledge

Published: 2018-12-12

Total Pages: 190

ISBN-13: 0429584792

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The energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.


Energy Law and the Sustainable Development Goals

Energy Law and the Sustainable Development Goals

Author: Eduardo G Pereira

Publisher: Taylor & Francis

Published: 2024-05-07

Total Pages: 273

ISBN-13: 1040027288

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The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.


Commentary on the Energy Charter Treaty

Commentary on the Energy Charter Treaty

Author: Rafael Leal-Arcas

Publisher: Edward Elgar Publishing

Published: 2018

Total Pages: 574

ISBN-13: 1788117492

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The Commentary on the Energy Charter Treaty (ECT) provides a unique, article-by-article, textual analysis of this important international agreement. The ECT outlines a multilateral framework for cross-border cooperation in the energy sector based on the principles of open competitive markets and sustainable development.


The Law and Policy of New Eurasian Regionalization

The Law and Policy of New Eurasian Regionalization

Author: Anna Aseeva

Publisher: BRILL

Published: 2021-01-25

Total Pages: 678

ISBN-13: 9004447873

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Drawing on international, transnational, and comparative legal scholarship, The Law and Policy of New Eurasian Regionalization: Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space, additionally offers the insights of a plethora of leading international scholars in economics, institutional theory, area studies, international relations, global political economy, political science, and sociology. The contributors come from four corners of the globe, including Asia, Europe, and North America.


Renewable Energy Law in Sub-Saharan Africa

Renewable Energy Law in Sub-Saharan Africa

Author: Nana Asare Obeng-Darko

Publisher: Taylor & Francis

Published: 2024-06-03

Total Pages: 137

ISBN-13: 1040035000

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This book contributes to the broader discussion on the development of renewable energy sources for a clean and sustainable energy to drive sustainable growth, energy security and sustainable development. Focusing on sub-Sahara African perspectives, with Ghana as the central case study, this book focuses on how regulatory regimes can be designed to achieve renewable energy targets for electricity production. Exploring the regulatory rationales behind the government’s intervention in the Ghanaian renewable energy sector, it examines whether the regulatory measures adopted by the Ghanaian government are sufficient to attract adequate investment to meet renewable energy integration targets. Assessing the regulatory frameworks of the renewable energy sectors of The Gambia and Nigeria, the book compares these countries to the regulatory approaches to renewable energy development in Ghana. Arguing that there are significant regulatory issues impeding renewable energy development in Ghana, with wider consequences across sub-Saharan Africa, the book suggests solutions which can establish a robust and an effective regulatory framework to achieve renewable energy developmental targets. A comprehensive read, this volume will appeal to scholars and researchers of sustainable development, law and legal studies, environmental laws, development economics, applied industrial economics, energy security, African economy, public policy and regulatory policy. It will also be of interest to professionals and practitioners in policy circles and research think tanks.


Fiscal Regimes for Extractive Industries—Design and Implementation

Fiscal Regimes for Extractive Industries—Design and Implementation

Author: International Monetary Fund. Fiscal Affairs Dept.

Publisher: International Monetary Fund

Published: 2012-08-16

Total Pages: 82

ISBN-13: 1498340067

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Better designed and implemented fiscal regimes for oil, gas, and mining can make a substantial contribution to the revenue needs of many developing countries while ensuring an attractive return for investors, according to a new policy paper from the International Monetary Fund. Revenues from extractive industries (EIs) have major macroeconomic implications. The EIs account for over half of government revenues in many petroleum-rich countries, and for over 20 percent in mining countries. About one-third of IMF member countries find (or could find) resource revenues “macro-critical” – especially with large numbers of recent new discoveries and planned oil, gas, and mining developments. IMF policy advice and technical assistance in the field has massively expanded in recent years – driven by demand from member countries and supported by increased donor finance. The paper sets out the analytical framework underpinning, and key elements of, the country-specific advice given. Also available in Arabic: ????? ??????? ?????? ???????? ???????????: ??????? ???????? Also available in French: Régimes fiscaux des industries extractives: conception et application Also available in Spanish: Regímenes fiscales de las industrias extractivas: Diseño y aplicación


Fiscal Systems for Hydrocarbons

Fiscal Systems for Hydrocarbons

Author: Silvana Tordo

Publisher: World Bank Publications

Published: 2007-01-01

Total Pages: 86

ISBN-13: 082137267X

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Although host governments and investors may share one common objective - the desire for projects to generate high levels off revenue - their other goals are not entirely aligned. Host governments aim to maximize rent for their country over time, while achieving other development and socioeconomic objectives. Investors aim to ensure that the return on investment is consistent with the risk associated with the project, and with their corporations' strategic objectives. To reconcile these often conflicting objectives, more and more countries rely on transparent institutional arrangements and flexible, nuetral fiscal regimes. This paper examines the key elements of the legal and fiscal frameworks utilized in the petroleum sector and aims to outline desirable features that should be considered in the design of fiscal policy with the objective of optimizing the host government's benefits, taking into account the effect this would have on the private sector's investment.