Part II Key Risks and Disputes Associated with International Mining Projects, 5 Political Risk and Resource Nationalism

Author(s):  
Burnett Henry G ◽  
Bret Louis-Alexis

This chapter first discusses the notions of political risk and resource nationalism. Political risk refers to the risk that some political event will materially affect the projected profitability or the legal framework of a given project or investment. Resource nationalism refers to the tendency of a host government to take action to increase its control of-and value derived from—the development of its national resources, often after a private foreign investor has placed the resource into commercial production. 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.

1981 ◽  
Vol 35 (4) ◽  
pp. 725-744
Author(s):  
Ronald T. Libby ◽  
James H. Cobbe

The dominant scholarly approach to the analysis of nationalization of foreign extractive industries in Third World countries employs game theory or bargaining models. A commonly used framework in bargaining theory is the so-called “bilateral monopoly model,” which posits the existence of two “non-colluding” parties—that is, the foreign investor and a government—each of whom has singular, noncontradictory objectives. The relationship is described in terms of a “balance of power” between the host country and the foreign investor based on the problem of joint-maximization. Each party has what the other needs to maximize their mutual benefits. The foreign investor has capital, organizational resources, expertise, international access to export markets, and marketing ability while the host government has control of natural resources such as ore and crude oil as well as the labor force, and control over taxation, the trade and foreign exchange regime, and other law and regulation.


2012 ◽  
Vol 27 (2) ◽  
pp. 449-480 ◽  
Author(s):  
Alex G. Oude Elferink

Abstract Environmental impact assessment (EIA) has become widely accepted as an indispensable instrument to manage and control negative impacts of human activities on the environment. The present report analyzes the general legal framework for EIA in maritime areas beyond national jurisdiction (ABNJ) and also considers the regime for assessments in respect of specific activities in ABNJ. The report concludes that these existing frameworks will have to be taken into account if it were to be decided to develop a global instrument on EIA for all activities in ABNJ. The report provides a number of suggestions to move the current international debate on EIA in ABNJ forward.


2021 ◽  
Vol 20 (1) ◽  
Author(s):  
Zhijin Gong ◽  
Ge Yang ◽  
Chengchuan Che ◽  
Jinfeng Liu ◽  
Meiru Si ◽  
...  

AbstractRhamnolipids have recently attracted considerable attentions because of their excellent biosurfactant performance and potential applications in agriculture, environment, biomedicine, etc., but severe foaming causes the high cost of production, restraining their commercial production and applications. To reduce or eliminate the foaming, numerous explorations have been focused on foaming factors and fermentation strategies, but a systematic summary and discussion are still lacking. Additionally, although these studies have not broken through the bottleneck of foaming, they are conducive to understanding the foaming mechanism and developing more effective rhamnolipids production strategies. Therefore, this review focuses on the effects of fermentation components and control conditions on foaming behavior and fermentation strategies responded to the severe foaming in rhamnolipids fermentation and systematically summarizes 6 impact factors and 9 fermentation strategies. Furthermore, the potentialities of 9 fermentation strategies for large-scale production are discussed and some further strategies are suggested. We hope this review can further facilitate the understanding of foaming factors and fermentation strategies as well as conducive to developing the more effective large-scale production strategies to accelerate the commercial production process of rhamnolipids.


2006 ◽  
Vol 21 (S3) ◽  
pp. s82-s86 ◽  
Author(s):  

AbstractThis Panel Session consisted of five country reports (India, Indonesia, Maldives, Thailand, andNepal) and the common issues identified during the Panel discussions relative to seismic events in the Southeast Asia Region. Important issues identified included the needs for: (1) a legal framework upon which to base preparedness and response; (2) coordination between the many organizations involved; (3) early warning systems within and between countries; (4) command and control; (5) access to resources including logistics; (6) strengthening the health infrastructure; (7) professionalizing the field of disaster medicine and management; (8) management of communications and information; (9) management of dead bodies; and (10) mental health of the survivors and health workers.


2010 ◽  
Vol 28 (1) ◽  
pp. 185 ◽  
Author(s):  
Sascha-Dominik Bachmann ◽  
Peter Galvin

Contemporary British anti-terror legislation has been characterised by an extensive use of extra-ordinary detention measures: the Terrorism Act 2000 and Terrorism Act 2006 contain provisions, which enable the extended pre-charge detention of terror suspects beyond the limits of normal criminal procedure. The now repealed provisions of Part IV of the Anti-terrorism, Crime and Security Act 2001 allowed the indefinite detention of foreign national terror suspects on a quasi-judicial basis. Its successor, the Prevention of Terrorism Act 2005, enables the use of Control Orders, effectively a form of house arrest characterised by restrictions on an individual’s liberty. In short, these measures have in common the extensive limitation of the individual’s right to liberty under Article 5 of the European Convention on Human Rights. Whilst the judiciary have curtailed the most abhorrent manifestations of such extraordinary measures, as detailed, the legal framework as it exists today, still raises ECHR compliancy issues. Legal reformation should be sought to end such an impasse by amending at the very least the statutory framework already in place. Ideally anti-terror detention provisions should be brought back within the sphere of criminal law and in compliance with the ECHR.La législation contemporaine anti-terroriste britannique a été caractérisée par l’utilisation considérable de mesures extraordinaires de détention : la Terrorism Act 2000 et la Terrorism Act 2006 contiennent des dispositions qui permettent la détention prolongée préalable à l’accusation de personnes soupçonnées de terrorisme au-delà des limites de la procédure criminelle normale. Les dispositions, maintenant abrogées, de la Partie IV de la Anti-terrorism, Crime and Security Act 2001 permettaient la détention indéfinie de ressortissants étrangers soupçonnés de terrorisme sur une base quasi-judiciaire. Son successeur, la Prevention of Terrorism Act 2005, permet l’utilisation d’Ordonnances de contrôle, qui sont effectivement une forme de détention à domicile caractérisée par des restrictions sur la liberté d’un individu. En bref, ces mesures ont en commun de limiter considérablement le droit de l’individu à la liberté énoncé à l’Article 5 de la Convention européenne des droits de l’homme. Bien que l’appareil judiciaire ait restreint les manifestations les plus odieuses de mesures extraordinaires du genre, tel que détaillé, le contexte judiciaire tel qu’il existe aujourd’hui soulève encore des questions de conformité à la CEDH. Il faudrait préconiser des réformes juridiques pour mettre fin à une telle impasse, en modifiant tout au moins le cadre statutaire déjà en place. Idéalement, les dispositions de détention anti-terroristes devraient être ramenées dans la sphère du droit criminel et en conformité à la CEDH. 


2018 ◽  
Vol 4 (2) ◽  
pp. 45
Author(s):  
Eniola. A. Sokefun ◽  
Oluseyi. O. Oduyoye

Corporate social responsibility, a concept that has been around for well over 50 years has become prominent again recently. It is discussed in the context of organizations been socially responsible for the environment in which they operate. The strategy of impacting on these communities is referred to as corporate social responsibility. The study was designed to assess the strategies adopted by selected organizations in the Food and Beverage Industry in South-West Nigeria to preserve the environment in which they operate and control youth restiveness.Survey research design was adopted. The population consisted of communities in Lagos, Ogun and Osun States, namely: Ikeja, Apapa, Otta, Imagbon and Ilesa. A sample size of 600 (six hundred) respondents was drawn from the communities through the accidental and purposive sampling methods. The questionnaires were validated and their reliabilities confirmed through the analysis which resulted in Cronbach Alpha value of 0.957. Data collected were analysed using descriptive statistics, correlation and multiple regression.Findings revealed a significant positive relationship between corporate social responsibility, environmental preservation and the control of youth restiveness in the communities studiedThe study concluded that where firms get involved in corporate social responsibility, tendency is that communities will benefit immensely, it will lead to the enhancement of lives and general welfare of individuals, groups and society at large. It will equally assist in poverty alleviation. The study recommended that corporate social responsibility policies and practices should be more regulated and the need for the development of a legal framework for corporate social responsibility in Nigeria


2021 ◽  
Vol 6(167) ◽  
pp. 223-253
Author(s):  
Witold Filipczak

The author discusses the legal framework of the legislative activity of ‘free’ (that is, not confederated) Sejms. He discusses parliamentary practice between 1778 and 1786 after a thorough analysis of the king’s legislative initiative with special emphasis on proposals submitted by the throne, and the role played by the Permanent Council in drafting laws. The author argues that numerous bills drafted by envoys had little impact on the results of Sejms because after the election and control of the executive authorities ended, there was no time to examine the drafts. Sejm decisions could be divided into two categories: a) decisions made before the separation of two chambers – concerning elections (of executive and judiciary authorities) and vote of acceptance for the Permanent Council; and b) legislative decisions made during further proceedings, with a special subcategory in the form of provisions related to the control over executive powers. The author also provides a quantitative analysis of legislative output between 1778 and 1786.


Author(s):  
Rubins Noah ◽  
Papanastasiou Thomas-Nektarios ◽  
Kinsella N Stephan

This chapter discusses the actions that States may take to obtain redress against other States at whose hands their citizens are mistreated. Where no investment treaty binds home and host States, and where no other instrument offers the jurisdictional foundation for investor–State arbitration, a foreign investor may have no other remedy but to appeal to his government for assistance. A State’s intervention on behalf of its citizens may take several forms, ranging from informal diplomatic discussions to formal adversarial proceedings before ad hoc or standing international tribunals. The remainder of the chapter covers the “espousal” of claims, claims before international tribunals, economic sanctions, invalidation of title, prohibitions against the use of force, and the Foreign Claims Settlement Act of the United States.


Author(s):  
Rubins Noah ◽  
Nektarios Papanastasiou Thomas ◽  
Kinsella N Stephan

This second edition explores the multi-layered legal framework for the protection of foreign investment against political risk. The chapters analyze some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, State responsibility, treaties protecting foreign investmentand international arbitration between States and investors. Since the previous edition, far more attention has been paid to some of these issues, in particular investor–State arbitration.All chapters have been revised to take into account the number of new arbitration awards that have come to light and the massive volume of commentary on the subject of international investment arbitration since the first edition. The authors have carefully considered the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks. The book is written to appeal to lawyers and non-lawyers alike. It is suitable as a primer for non-specialist practitioners seeking to familiarize themselves with international law pertaining to political risk. It is also suitable for students who intend to specialize in international investment law.


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