Oil, Gas, and Mining

Page 34

This layer is the foundation for comments and diverse views and experiences that are added to the online version by users. In the hard copy, such examples of diverse views and experiences are provided in the text, the footnotes, and endof-chapter suggestions for further reading (“Other Resources”). The online version also provides access to an annotated bibliography, linked to brief summaries of documents, comprising both primary and secondary source material. A further level is provided in the online version by the growing body of attachments containing annotated sample texts and documents, such as laws, model contracts, and actual contracts; commentaries and studies by independent bodies, industry associations, and advocacy groups; and policy documents. This is in turn supplemented by a layer comprising papers on knowledge gaps; these documents have been commissioned by the Sourcebook to address issues that our consultations have identified as inadequately researched or that have acquired a new significance in the existing body of knowledge. The cumulative effect of the layering approach is to allow the user to dig ever more deeply into a particular topic of interest. 1.5 OUR APPROACH

Globally, there are a number of knowledge centers or policy institutes that specialize in the development issues that the Sourcebook has identified as priorities. Usually, these are institutions or units with extensive exposure to societies where there is strong demand for knowledge about EI development. The knowledge centers have provided them with assistance in contract negotiation, on-site workshops, and long-term advice on legal and fiscal arrangements. In virtually all cases, they are responding to a need for additional capacity in the state requesting assistance. Their goal is to apply specialist expertise to specific problems that urgently need to be addressed, and these fall within the categories of the EI Value Chain. In developing its compendium, the Sourcebook project has taken a first step toward establishing a global knowledge consortium that brings together specialist centers and universities, convenes discussions, and participates in knowledge management. It has showcased their research into the core subjects of the debate on development in the EI sector. The lead partner in the Sourcebook consortium is the University of Dundee’s Centre for Energy, Petroleum, and Mineral Law and Policy in the United Kingdom. From a core of partners, the Sourcebook consortium has grown to include more than a dozen centers and aims to expand further to ensure a genuinely international

14

OIL, GAS, AND MINING

collaborative approach. The key criterion for inclusion has been international recognition of the organization’s research relevant to the EI sectors. The disciplines are varied, from economics and law to environmental and policy analysis. As a result, an embryonic international network of diverse institutions with specialist knowledge is now developing. Its goal is to incorporate a set of varied inputs on good practice around the world into the Sourcebook, which lies at the heart of the network. In its first phase, the international partners included the Centre for Social Responsibility in Mining at the University of Queensland (Brisbane, Australia), the Center for Sustainability in Mining and Industry at the University of Witwatersrand (Johannesburg, South Africa), the World Bank and a partnership with the Mining Committee of the International Bar Association (London, United Kingdom). This grouping has developed significantly since the Sourcebook was launched in September 2011. Partners now include WWF International; the Columbia Center on Sustainable International Investment, a partnership between Columbia Law School and the Earth Institute at Columbia University (New York); the University of Bourgogne’s Centre de recherche sur le droit des marchés et des investissements internationaux (Center for International Investment Law) (France); the Energy and Minerals Institute at the University of Western Australia; the Extractive Industries Transparency Initiative; and the University of Calgary’s School of Public Policy (Canada). Civil society groups that have joined include Global Witness, PACT (a not-for-profit international development organization), OpenOil, and the Natural Resource Governance Institute. Leading capacity-building bodies now affiliated include the African Center for Economic Transformation (Accra, Ghana), the Commonwealth Secretariat, Evidence and Lessons from Latin America (ELLA), the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development, and Adam Smith International (London). Well established as the foremost source of standards in transparency are the World Bank and the Inter-American Development Bank. To ensure that the Sourcebook properly accesses industry practice, partnership status has also been given to leading associations of companies in the EI sector or related bodies: the International Council on Mining and Metals, the International Tax and Investment Center, and the International Petroleum Industry Environmental Conservation Association. A feature of the research collaboration within the Sourcebook consortium is that a partner may bid for work that fills an identified knowledge gap. Such work may be specially commissioned for inclusion in the online version 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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