Author: Damilola S. Olawuyi
Publisher: Springer
ISBN: 3319976648
Category : Law
Languages : en
Pages : 361
Book Description
The book provides a systematic examination of the legal, fiscal and institutional frameworks for the commercial development of petroleum and solid mineral resources in Africa. First, it considers the values, assumptions, and guiding principles underpinning legislation and governance in Africa’s extractive sector. It then provides detailed and comparative evaluations of regulatory frameworks, pricing, local content, procurement, sales, and contractual arrangements across African extractive industries. Further, the book assesses how questions of business and human rights risks, accountability, corporate social responsibility, waste and pollution control, environmental justice, and participatory development have been addressed to date, and how they could be addressed better in the future. Enhancing readers’ understanding of the geography, sources and scope of extractive resources in Africa, the book explains how corporations can effectively identify, mitigate and prevent legal and business risks when investing in African extractive industries. Lastly, it discusses the innovative legal strategies and tools needed to achieve a sustainable and rights-based extractive industry.Written in a user-friendly style, the book offers a valuable resource for corporations, investors, environmental and human rights administrators, advocates, policymakers, judges, international negotiators, government officials and consultants who advise on, or are interested in, petroleum and solid mineral investments in Africa. It also offers students and researchers an authoritative guidebook to the current state of extractive industry laws and institutions in Africa. Numerous examples of how international legal norms could be used to help revitalize the underlying legal and fiscal regimes in African extractive industries – to make them more robust, accountable, sustainable and rights-based – round out the coverage
Extractives Industry Law in Africa
Author: Damilola S. Olawuyi
Publisher: Springer
ISBN: 3319976648
Category : Law
Languages : en
Pages : 361
Book Description
The book provides a systematic examination of the legal, fiscal and institutional frameworks for the commercial development of petroleum and solid mineral resources in Africa. First, it considers the values, assumptions, and guiding principles underpinning legislation and governance in Africa’s extractive sector. It then provides detailed and comparative evaluations of regulatory frameworks, pricing, local content, procurement, sales, and contractual arrangements across African extractive industries. Further, the book assesses how questions of business and human rights risks, accountability, corporate social responsibility, waste and pollution control, environmental justice, and participatory development have been addressed to date, and how they could be addressed better in the future. Enhancing readers’ understanding of the geography, sources and scope of extractive resources in Africa, the book explains how corporations can effectively identify, mitigate and prevent legal and business risks when investing in African extractive industries. Lastly, it discusses the innovative legal strategies and tools needed to achieve a sustainable and rights-based extractive industry.Written in a user-friendly style, the book offers a valuable resource for corporations, investors, environmental and human rights administrators, advocates, policymakers, judges, international negotiators, government officials and consultants who advise on, or are interested in, petroleum and solid mineral investments in Africa. It also offers students and researchers an authoritative guidebook to the current state of extractive industry laws and institutions in Africa. Numerous examples of how international legal norms could be used to help revitalize the underlying legal and fiscal regimes in African extractive industries – to make them more robust, accountable, sustainable and rights-based – round out the coverage
Publisher: Springer
ISBN: 3319976648
Category : Law
Languages : en
Pages : 361
Book Description
The book provides a systematic examination of the legal, fiscal and institutional frameworks for the commercial development of petroleum and solid mineral resources in Africa. First, it considers the values, assumptions, and guiding principles underpinning legislation and governance in Africa’s extractive sector. It then provides detailed and comparative evaluations of regulatory frameworks, pricing, local content, procurement, sales, and contractual arrangements across African extractive industries. Further, the book assesses how questions of business and human rights risks, accountability, corporate social responsibility, waste and pollution control, environmental justice, and participatory development have been addressed to date, and how they could be addressed better in the future. Enhancing readers’ understanding of the geography, sources and scope of extractive resources in Africa, the book explains how corporations can effectively identify, mitigate and prevent legal and business risks when investing in African extractive industries. Lastly, it discusses the innovative legal strategies and tools needed to achieve a sustainable and rights-based extractive industry.Written in a user-friendly style, the book offers a valuable resource for corporations, investors, environmental and human rights administrators, advocates, policymakers, judges, international negotiators, government officials and consultants who advise on, or are interested in, petroleum and solid mineral investments in Africa. It also offers students and researchers an authoritative guidebook to the current state of extractive industry laws and institutions in Africa. Numerous examples of how international legal norms could be used to help revitalize the underlying legal and fiscal regimes in African extractive industries – to make them more robust, accountable, sustainable and rights-based – round out the coverage
Land Law and the Extractive Industries
Author: Victoria R Nalule
Publisher: Bloomsbury Publishing
ISBN: 1509938443
Category : Law
Languages : en
Pages : 213
Book Description
This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.
Publisher: Bloomsbury Publishing
ISBN: 1509938443
Category : Law
Languages : en
Pages : 213
Book Description
This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.
Human Rights in the Extractive Industries
Author: Isabel Feichtner
Publisher: Springer
ISBN: 3030113825
Category : Law
Languages : en
Pages : 546
Book Description
This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.
Publisher: Springer
ISBN: 3030113825
Category : Law
Languages : en
Pages : 546
Book Description
This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.
Renegotiating Contracts for the Energy Transition in the Extractives Industry
Author: Victoria R. Nalule
Publisher: Springer Nature
ISBN: 3031462580
Category : Business & Economics
Languages : en
Pages : 109
Book Description
This book focuses on renegotiating extractive contracts to align with the net-zero goals. It delves into extractive contract negotiations in four ways which collectively represent a major research gap in literature. It focuses on extractive contract provisions and examines their alignment with net zero goals, suggesting how these provisions could be re-negotiated to ensure an effective energy transition. Consequently, the book assesses how contractual provisions are responding to, or reflecting energy transition scenarios, and highlights areas to be included or strengthened that will be beneficial for all energy stakeholders. This book goes on to discuss the energy transition global landscape. Through the presentation of case studies from different countries, the book assesses the transition risks in extractive contracts, and it uniquely provides the negotiation tools and strategies to address these transition risks.
Publisher: Springer Nature
ISBN: 3031462580
Category : Business & Economics
Languages : en
Pages : 109
Book Description
This book focuses on renegotiating extractive contracts to align with the net-zero goals. It delves into extractive contract negotiations in four ways which collectively represent a major research gap in literature. It focuses on extractive contract provisions and examines their alignment with net zero goals, suggesting how these provisions could be re-negotiated to ensure an effective energy transition. Consequently, the book assesses how contractual provisions are responding to, or reflecting energy transition scenarios, and highlights areas to be included or strengthened that will be beneficial for all energy stakeholders. This book goes on to discuss the energy transition global landscape. Through the presentation of case studies from different countries, the book assesses the transition risks in extractive contracts, and it uniquely provides the negotiation tools and strategies to address these transition risks.
Extractive Industries
Author: Tony Addison
Publisher: Oxford University Press
ISBN: 0198817363
Category : Business & Economics
Languages : en
Pages : 766
Book Description
This book is about the challenges and opportunities facing developing countries in using their extractive industries to achieve inclusive and sustainable development. It recognizes the importance of using oil, gas, and mining to achieve inclusive change.
Publisher: Oxford University Press
ISBN: 0198817363
Category : Business & Economics
Languages : en
Pages : 766
Book Description
This book is about the challenges and opportunities facing developing countries in using their extractive industries to achieve inclusive and sustainable development. It recognizes the importance of using oil, gas, and mining to achieve inclusive change.
Business and Human Rights Law and Practice in Africa
Author: Olawuyi, Damilola S.
Publisher: Edward Elgar Publishing
ISBN: 1802207465
Category : Law
Languages : en
Pages : 337
Book Description
This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.
Publisher: Edward Elgar Publishing
ISBN: 1802207465
Category : Law
Languages : en
Pages : 337
Book Description
This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.
Transparency and Accountability in Africa's Extractive Industries
Author: Shari Bryan
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 114
Book Description
While current efforts to increase transparency and accountability in the management of natural resources emphasize the roles and responsibilities of a broad range of actors, relatively little attention has been paid to the potential contribution of elected legislators. Yet, the three core functions of legislative bodies - representing constituent interests, making or shaping public policy, and overseeing policy implementation by executive branch agencies - are central to any effort in this area. This report is an effort to help elected political officials - particularly those in the legislative branch of government - serve as constructive leaders in improving the oversight and management of their countries' natural resources.
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 114
Book Description
While current efforts to increase transparency and accountability in the management of natural resources emphasize the roles and responsibilities of a broad range of actors, relatively little attention has been paid to the potential contribution of elected legislators. Yet, the three core functions of legislative bodies - representing constituent interests, making or shaping public policy, and overseeing policy implementation by executive branch agencies - are central to any effort in this area. This report is an effort to help elected political officials - particularly those in the legislative branch of government - serve as constructive leaders in improving the oversight and management of their countries' natural resources.
Fiscal Regimes for Extractive Industries—Design and Implementation
Author: International Monetary Fund. Fiscal Affairs Dept.
Publisher: International Monetary Fund
ISBN: 1498340067
Category : Business & Economics
Languages : en
Pages : 82
Book Description
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
Publisher: International Monetary Fund
ISBN: 1498340067
Category : Business & Economics
Languages : en
Pages : 82
Book Description
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
Critical Minerals, Sustainability, and the Energy Transition in the Global South
Author: Susan Nakanwagi
Publisher: Bloomsbury Publishing
ISBN: 150997671X
Category : Law
Languages : en
Pages : 200
Book Description
This book addresses the relationship between efficient management of critical minerals and sustainability in the Global South, including Sub-Saharan Africa. Critical minerals are essential raw materials for the technologies that are pivotal in today's energy transition. However, critical mineral host states and communities face social, economic, ecological, political, technological, and governance injustices. The book contends that the criteria currently used in assessing criticality and critical mineral development do not fulfil the sustainable development ambitions of developing countries and that broader considerations must be taken into account to include the stakeholders involved as well as the spatial dimension of the critical mineral value chain. In particular, the book argues that the law must consider the broader context in which minerals become critical to particular processes. It positions this argument within the current context of climate change, the just energy transition, the minerals-energy nexus, and geopolitical tensions. By analysing the copper-cobalt value chain through case studies on DRC, Zambia, China, and the EU, the book provides new avenues for critical mineral development and acknowledges the necessity for sustainability amidst the exacerbated impacts of climate change. Addressing a key challenge of the global energy transition, the book argues for a just holistic framework, which includes parameters such as domestic value addition, human rights in business development, environmental sensitivity, the development of communication channels from remote marginalised communities to international policymakers, and the re-designing of criticality considerations beyond supply and economic aspects.
Publisher: Bloomsbury Publishing
ISBN: 150997671X
Category : Law
Languages : en
Pages : 200
Book Description
This book addresses the relationship between efficient management of critical minerals and sustainability in the Global South, including Sub-Saharan Africa. Critical minerals are essential raw materials for the technologies that are pivotal in today's energy transition. However, critical mineral host states and communities face social, economic, ecological, political, technological, and governance injustices. The book contends that the criteria currently used in assessing criticality and critical mineral development do not fulfil the sustainable development ambitions of developing countries and that broader considerations must be taken into account to include the stakeholders involved as well as the spatial dimension of the critical mineral value chain. In particular, the book argues that the law must consider the broader context in which minerals become critical to particular processes. It positions this argument within the current context of climate change, the just energy transition, the minerals-energy nexus, and geopolitical tensions. By analysing the copper-cobalt value chain through case studies on DRC, Zambia, China, and the EU, the book provides new avenues for critical mineral development and acknowledges the necessity for sustainability amidst the exacerbated impacts of climate change. Addressing a key challenge of the global energy transition, the book argues for a just holistic framework, which includes parameters such as domestic value addition, human rights in business development, environmental sensitivity, the development of communication channels from remote marginalised communities to international policymakers, and the re-designing of criticality considerations beyond supply and economic aspects.
National Approaches to Hydrocarbon Development
Author: Eduardo G. Pereira
Publisher: Taylor & Francis
ISBN: 1040272703
Category : Law
Languages : en
Pages : 183
Book Description
This book analyses the legal obstacles associated with the advancement of unitization processes and procedures at a national, domestic level. It uses case studies of identified jurisdictions with relevant States practice and unitization experience in terms of the domestic legal framework and practices. For experience in unitization, the book will focus on the following countries: the United States, Canada, the United Kingdom, Norway, Brazil, Mexico, Ghana and Nigeria. Focusing on best practices which have influenced the development of the unitization concept, the book looks at the formulation of different models and operating agreements, and their potential impact on unexplored hydrocarbon resources, particularly in cases where unitization is necessary. The book will be of interest to practitioners, scholars and students in the field of natural resource law, international law and unitization.
Publisher: Taylor & Francis
ISBN: 1040272703
Category : Law
Languages : en
Pages : 183
Book Description
This book analyses the legal obstacles associated with the advancement of unitization processes and procedures at a national, domestic level. It uses case studies of identified jurisdictions with relevant States practice and unitization experience in terms of the domestic legal framework and practices. For experience in unitization, the book will focus on the following countries: the United States, Canada, the United Kingdom, Norway, Brazil, Mexico, Ghana and Nigeria. Focusing on best practices which have influenced the development of the unitization concept, the book looks at the formulation of different models and operating agreements, and their potential impact on unexplored hydrocarbon resources, particularly in cases where unitization is necessary. The book will be of interest to practitioners, scholars and students in the field of natural resource law, international law and unitization.