Oil, Gas, and Mining

Page 24

benefits are retained by a few and the costs are borne by many. They have been called a “resource curse.”5 Development of the country in which the operations take place may not necessarily follow large-scale investment, at least not in the sense that investment generates long-term development impacts. In some cases, the country may even become worse off, depending on the human development indicators used, particularly environment-related indicators. This has led some to conclude that the discovery and development of oil, gas, and minerals is not a blessing at all or even a source of opportunities to accelerate economic and social development. This debate has been thrown into sharp relief by the sudden end of the long commodities boom that benefited resource-rich countries during the early 2000s, when oil and metal prices reached historic highs. The reversal in commodity prices has underlined the vulnerability of this industry to volatility, unpredictability, and periodic shocks. Preparation for downward swings as well as upward swings is an essential task for any existing or aspiring resource-rich state. If a single lesson has been learned from this debate, it is the need for governance structures that can ensure that short-term benefits are not obtained at the expense of longterm sustainability. Yet many citizens will find that the challenges of natural resource management are ones for which their governments are not well prepared. Moving forward is more than a matter of installing or building “capacity.” It requires governments to understand how what is commonly described as “good practice” is continually modified and improved by research and comparative analysis, to test fresh approaches in a country’s unique context, and at the same time to persuade vested interests of the need for change. In practical terms, governments in resource-rich countries and countries that appear to have good resource potential will often inherit legal and institutional frameworks for EI activity that need to be reformed. In some countries, there may be only a patchwork of contracts in place, hardly meriting the consistency and cohesion implied by the commonly used notion of a framework. Policies that envisage long-term, resource-led development will often have to be designed from scratch. In tackling these policy challenges, governments of resource-rich developing countries will quickly become aware of the current wide range of opinions and perspectives on resource-led development, bolstered by an impressive number of case studies and volumes of empirical data.6 Some will caution them that negative economic, environmental, and social effects can outweigh the potential benefits of natural resource development. However, recent

4

OIL, GAS, AND MINING

research has shown that there is nothing inevitable about either negative or positive links.7 A growing body of opinion, discussed in this and in the following chapters, argues that discoveries of oil, gas, or minerals can contribute positively to a country’s overall agenda for social and economic development if the challenges of resource management can be met successfully within the constraints imposed by environmental considerations. Many of those challenges are now thought to lie within the institutional or governance frameworks of the countries themselves. Governments and citizens in countries seeking to promote resource-led development must ask themselves, What should our priorities be and what choices are open to us? The first question they should address is whether oil, gas, or other mineral exploitation is a good course of action or not. This is especially true in areas of high conservation value. There will be some situations where environmental (or social and cultural) factors are so significant, or occasions when the negative impacts cannot be reliably predicted, that oil, gas, and mining must be considered an incompatible option and a cautious approach should be adopted. 1.2 THE DEMAND FOR KNOWLEDGE

Not so very long ago, governments in many parts of the world were entirely dependent on international firms for the development of oil, gas, and mineral resources. The assumption of control by sovereign states is quite recent, as is their experience of designing and implementing their own policies addressing these resources. For the first generation of states in the postcolonial world, knowledge of the optimum practices for their oil, gas, and mineral industries was often not readily available. As a result, these states were frequently dependent on and even had their policies shaped by the advice of international institutions and other outside bodies. Their legal and fiscal frameworks often reflected a colonial legacy or a reaction to it by pioneering new relationships with foreign investors designed to increase the state share of the expected benefits. Some of these innovations worked, such as the introduction of production sharing in the oil industry, and others were less successful, such as the use of state-owned companies in mining. In the twenty-first century, on the crest of a wave of high prices and robust investment, a new generation of states joined or seemed about to join the club of petroleum and mineral producers (see figure 1.1).8 The new arrivals have diverse origins: some states have emerged from armed


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10.1 Environmental and Social Institutional Arrangements

3min
page 316

10.6 Response 3: Accountability—Stakeholder Consultation and Participation

3min
page 315

10.5 Response 2: Effective Implementation, Monitoring, and Enforcement

3min
page 314

10.4 Response 1: Appropriate and Adequate Rules

3min
page 313

Notes

6min
pages 303-304

9.11 Goal Setting and Community Participation

11min
pages 298-300

9.7 Summary and Recommendations

7min
pages 301-302

9.10 Social Impacts: Special Issues

3min
page 297

9.9 Essentials of a Good Environmental Protection Regime

19min
pages 292-296

9.8 Challenges Associated with Artisanal and Small-Scale Mining (ASM

3min
page 291

9.6 The Responses

7min
pages 289-290

9.7 Decommissioning and Environmental Protection Plans

3min
page 288

9.5 Tools: Legal and Regulatory

30min
pages 280-287

9.6 Potential Opportunities Generated by ASM

3min
page 279

9.5 Reframing the ASM Debate: Integrating It into the EI Value Chain

3min
page 278

9.3 The Deepwater Horizon Oil Spill

11min
pages 273-275

Areas and Critical Ecosystems (PACE

7min
pages 276-277

9.4 Challenge 2: Environmental and Social Impacts

4min
page 272

9.2 Objectives of the Parties to an Infrastructure Project

2min
page 271

9.1 Liberia: Open Access Regime in Mineral Development Agreements

11min
pages 268-270

Investments Create Positive and Sustainable Impacts

23min
pages 262-267

9.2 Two Key Challenges

3min
page 261

8.4 Civil Society–Led Initiatives

3min
page 252

8.5 Private Sector–Led Initiatives

3min
page 253

8.6 Emerging Global Norms and Standards

3min
page 251

8.3 The Seven Requirements of the EITI Standard

5min
pages 249-250

8.5 Transparency Initiatives

3min
page 248

8.2 EIs and Social Accountability

2min
page 247

8.4 Challenges and Special Issues

3min
page 244

8.1 Balancing Transparency Interests: Opposing Dodd-Frank

7min
pages 245-246

Other Resources

1min
pages 238-240

8.2 Definition and Scope

3min
page 242

8.3 The Benefits of Transparency

3min
page 243

Notes

8min
pages 232-233

7.4 Examples of Revenue-Sharing Formulas

17min
pages 226-230

7.9 Revenue Allocation and Subnational Issues

3min
page 225

7.8 Spending Choices and Use of Government Revenues

16min
pages 221-224

7.7 Alternative Means of Addressing Volatility

4min
page 220

7.6 Addressing Volatility: Stabilization Funds

3min
page 218

7.3 Stabilization Funds: The Experience of Chile

3min
page 219

7.5 Alternative Means of Addressing Fiscal Sustainability

7min
pages 216-217

7.2 Savings Funds: Four Examples

6min
pages 214-215

7.3 Consume or Save?

10min
pages 205-207

6.5 What a Well-Designed Fiscal Regime Must Do

3min
page 197

7.1 Botswana and Chile: Experiences with Fiscal Rules

3min
page 208

7.2 Why Revenue Management is Difficult

3min
page 204

6.4 Routine Tax Administration: Challenges

7min
pages 194-195

6.7 Summary and Recommendations

3min
page 196

6.6 EI Fiscal Administration

3min
page 193

6.5 Special EI Fiscal Topics and Provisions

27min
pages 186-192

6.3 Elements for Action on Taxation of Transfer of EI Interest

3min
page 185

6.4 Main Fiscal Instruments under a Fiscal Regime

20min
pages 175-179

6.1 Forms of State Participation

13min
pages 180-183

6.2 Key Fiscal Objectives

13min
pages 170-173

6.3 The Main Types of EI Fiscal Systems

3min
page 174

5.4 Summary and Recommendations

3min
page 164

5.8 Unitization in Maritime Waters

32min
pages 156-163

5.6 Petroleum Sector Reform in Brazil

3min
page 150

5.5 Petroleum Reform in Colombia

3min
page 149

5.1 Institutional Structure: The Ministry and the Regulatory Agency

22min
pages 138-143

5.2 Mining Participation

3min
page 144

5.2 Organization in the Public Interest

5min
pages 136-137

5.3 NRC Success Stories

11min
pages 145-147

5.4 Petroleum Technical Assistance to South Sudan

3min
page 148

Notes

12min
pages 128-130

4.13 Taking Action: Recommendations and Tools

4min
page 127

4.12 Summary

4min
page 126

4.11 Disputes: Anticipating and Managing Them

8min
pages 122-123

4.11 Claims under Bilateral Investment Treaties (BITs

7min
pages 124-125

4.10 Contract Negotiations

3min
page 121

4.10 The Four Main Forms of Stabilization Clause

3min
page 120

4.9 Investment Guarantees: Stabilization

4min
page 119

4.8 Why Regulations Are Necessary

7min
pages 117-118

4.9 Geodata

23min
pages 111-116

4.7 The Award of Contracts and Licenses

3min
page 110

4.6 Contractual Provisions for Natural Gas

16min
pages 104-107

4.7 Model Mining and Development Agreement

3min
page 108

4.5 Local Benefit: The Kazakhstani Experience

7min
pages 102-103

4.4 Local Benefit

3min
page 101

4.8 Practices to Avoid

3min
page 109

4.6 Contracts and Licenses

31min
pages 93-100

4.5 Hydrocarbons and Mining Laws

27min
pages 86-92

4.3 Deep-Sea Mining

3min
page 85

4.2 Licensing across Shifting International Borders

3min
page 84

4.4 Policy Priorities

11min
pages 81-83

4.3 Eight Key Challenges

3min
page 80

4.1 Sovereignty over Natural Resources

3min
page 79

4.2 Getting Started: Facts of EI Life

3min
page 78

Other Resources

4min
pages 73-76

3.4 Convergence of Mining and Hydrocarbons?

16min
pages 67-70

3.3 Key Differences of the Industries

7min
pages 62-63

3.2 Features Specific to the Oil and Gas Sectors

2min
page 65

3.1 Key Differences between the Petroleum and Mining Sectors

3min
page 64

3.2 Common Features of the Industries

7min
pages 60-61

References

13min
pages 53-56

Other Resources

1min
pages 57-58

Notes

8min
pages 51-52

2.6 Conclusions

4min
page 50

1.2 The EI Value Chain

11min
pages 31-33

1.5 Our Approach

3min
page 34

1.4 Bridging the Knowledge Gap

3min
page 30

2.2 The Opportunities Arising from Resource Abundance

8min
pages 40-41

2.1 Changing Perspectives: Reframing the ASM Debate

3min
page 42

1.2 The Demand for Knowledge

4min
page 24

2.4 Understanding the Challenges: Changing Perspectives

8min
pages 47-48

2.5 Applying New Insights

4min
page 49
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