Oil, Gas, and Mining

Page 244

will be exploited” to be made public (32–33). The IFC has gone beyond revenue disclosure requirements to include transparency about the terms and conditions in contracts with host governments. Similarly, the IMF has designated the following information disclosure standard as good practice in the EI sector: “contractual arrangements between government and public or private entities should be clear and publicly accessible” (IMF 2007a).11 Various development banks have taken a similar approach, including the African Development Bank and the European Bank for Reconstruction and Development.

Access to information is also an essential feature of many mainstream development programs, and the IFC, again, has made great strides in spelling out the importance of this principle in its Sustainability Framework: Access to Information Policy, which outlines not only its responsibilities but also those of its clients (IFC 2012, 8–9). The policy begins with a presumption in favor of disclosure if there is no compelling reason not to disclose; nondisclosure is assessed on the likelihood of harm that might be caused to parties, not on the benefits of disclosure itself. Finance

Democracy

Transparency plays a key role in building more stable and accountable institutions to counter the poor governance that characterizes most autocratic regimes. If the EI Value Chain is properly husbanded, EI projects have the opportunity to facilitate the transition to democracy (Ross 2012). The transparency of government actions and rights of citizens to access information is generally seen as fundamental to the functioning of a democratic society. The essence of representative democracy is informed consent, which requires that information about government policies and practices be disclosed. Informed democratic debate can, among other things, help determine priorities in the allocation and expenditure of resource revenues. Human rights

Access to information may be a fundamental human right in itself, but is also a core principle necessary for the realization of many other human rights, such as political and civil rights (for instance, freedom of speech) and social and economic rights (for instance, the right to an adequate education). The right of access to information is the focus of at least one international convention, the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, but it is also recognized in a multitude of other international agreements including, but not limited to, the 1992 Rio Declaration on Environment and Development, principle 10, and the 2007 International Convention for the Protection of All Persons from Enforced Disappearance, article 12. Each of these instruments has resonance in EI sector projects. Where this right is missing or not enforced, as is the case in many developing countries, the resource curse beleaguers EI development across the value chain (Wenar 2008, 21 et seq.).

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OIL, GAS, AND MINING

Lenders and credit rating agencies have a strong interest in transparency, and serious government commitments to transparency can improve access to both commercial and concessional finance (World Bank 2009, 2). Research by the IMF and others has found a significant positive correlation between transparency and credit ratings (Glennerster and Shin 2008). 8.4 CHALLENGES AND SPECIAL ISSUES

The major challenge to progress on transparency comes from entrenched interests—those with a significant stake in avoidance of transparency to advance their personal or political agendas. The low scores of resource-rich developing states in transparency assessments suggest the seriousness of this challenge: on one measure, only 11 out of 58 resource-abundant countries have satisfactory standards of transparency and accountability (Westenberg and George-Wagner 2015). In addition to the obstacle of entrenched interests, a number of special, more technical issues have arisen relating to the implementation of transparency. A number of examples that relate primarily to resource revenue transparency follow. Mandatory versus voluntary

Admittedly, information disclosure, a key benefit of transparency, is complicated by the various standards of mandatory or voluntary disclosure.12 The various principles put forward by the IFC, the IMF, and others are primary examples of voluntary information disclosure standards except on the occasion that they are integrated specifically in a contract. This is also the approach adopted by the EITI (see section 8.5). Critics object that this approach lets the most recalcitrant country performers off the hook (although the EITI showed its teeth by suspending four countries in early 2017 for noncompliance) and instead advocate mandatory transparency on the part of


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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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