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1	Fiscal stability assurance in petroleum agreements : a best practice model for the modern fiscal stabilisation clause Rammutla, Tshegofatso Matsobane January 2017 (has links) The petroleum industry is beset with risks that can threaten the commercial viability of extractive companies. These risks also pose a danger to the economies of countries and the jobs of the men and women on the ground. Some of these risks are unavoidable and come part and parcel with extracting hydrocarbons. However, fiscal risk is something that can be managed and thereby minimized ? for the good of both the state hosting the resource and the extractive company. A number of tools exist to manage this risk; this study looks at the fiscal stabilisation clause as it is a particularly popular option for investors. The study takes a qualitative approach through an investigation into literary works and explores how and why the fiscal stabilization clause has become a popular option for fiscal risk management. These clauses have been heavily criticized by various stakeholders and yet they remain as relevant today as when they were first shaped in the 20th century. The study also looks at the controversy surrounding the validity of such clauses by examining various legal sources ? particularly doctrinal writings and international arbitration rulings. The investigation reveals a shift in the stabilisation clause?s scope, and more importantly its objective, over the years. Drafters as well as legal opinion seems to be at odds with the restrictive nature of yesteryear clauses, which may unjustly tie the hands of a host state ? and as such a more balanced approach is sought. These considerations lead to the main thrust of the study which is to determine what practical drafting steps can be taken to ensure the efficacy of these clauses. The focus leans on the most pertinent substantive components that such a clause should contain to ensure the risks and benefits of resource development are shared fairly. The procedure and objective of the renegotiation mechanism contained the clause is particularly important as it is this key ingredient that makes or breaks the fiscal stability of a project. The study builds on extensive writings on the subject and attempts to build a body of best practice in this regard. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted UCTD Economic Stabilisation Clause Fiscal Risk Risk Management Fiscal Stability Clause
2	Pitfalls of national development and reconstruction : an ethical appraisal of socio-economic transformation in post-war Mozambique Matsinhe, David Mário 06 1900 (has links) Mozambique is undergoing intensive socio-economic reforms to reconstruct war damages and develop the nation. The reforms consist of economic liberalisation through structural adjustment and monetarist economic stabilisation, e.g. government withdrawal from economic activities, privatisation, deregulation, reduction of tariff levels on imports and tax on investments, cuts of expenditure on social services, restrictive credit system, focus on monetarism, increased taxation on individual income, etc. The nature of these reforms, on the surface, leads to morally questionable conditions. There is social chaos and disintegration, high indices of corruption, subtle recolonisation, decline of civil services, etc. At the bottom lie the market ethics and fundamentalist theological discourse by dint of which the World Bank and the International Monetary Fund deny historical consciousness, lack institutional memory, vest themselves with unquestionable international authority, dictate and impose policies without accountability for the social consequences. If there is any hope for Mozambicans, it lies in development ethics which relies heavily on the liberation motif, historical consciousness, and African Heritage. / Philosophy, Practical & Systematic Theology / M. Th. (Theological Ethics) Mozambican government Socio-economic transformation International Monetary Fund Economic stabilisation World Bank Structural adjustment Social disintegration Recolonisation Forced labour Human capital African heritage Liberation theology Development ethics Credit Inflation Wages Civil services Market ethics 306.309679 Constitutional history -- Mozambique Human rights -- Mozambique Government, Resistance to -- Mozambique Change Social change -- Mozambique Social ecology -- Mozambique Economic anthropology -- Mozambique Mozambique -- Social conditions -- 1975- Mozambique -- Moral conditions -- 1975- Mozambique -- Economic policy -- 1975- Mozambique -- History -- 1975-
3	Pitfalls of national development and reconstruction : an ethical appraisal of socio-economic transformation in post-war Mozambique Matsinhe, David Mário 06 1900 (has links) Mozambique is undergoing intensive socio-economic reforms to reconstruct war damages and develop the nation. The reforms consist of economic liberalisation through structural adjustment and monetarist economic stabilisation, e.g. government withdrawal from economic activities, privatisation, deregulation, reduction of tariff levels on imports and tax on investments, cuts of expenditure on social services, restrictive credit system, focus on monetarism, increased taxation on individual income, etc. The nature of these reforms, on the surface, leads to morally questionable conditions. There is social chaos and disintegration, high indices of corruption, subtle recolonisation, decline of civil services, etc. At the bottom lie the market ethics and fundamentalist theological discourse by dint of which the World Bank and the International Monetary Fund deny historical consciousness, lack institutional memory, vest themselves with unquestionable international authority, dictate and impose policies without accountability for the social consequences. If there is any hope for Mozambicans, it lies in development ethics which relies heavily on the liberation motif, historical consciousness, and African Heritage. / Philosophy, Practical and Systematic Theology / M. Th. (Theological Ethics) Mozambican government Socio-economic transformation International Monetary Fund Economic stabilisation World Bank Structural adjustment Social disintegration Recolonisation Forced labour Human capital African heritage Liberation theology Development ethics Credit Inflation Wages Civil services Market ethics 306.309679 Constitutional history -- Mozambique Human rights -- Mozambique Government, Resistance to -- Mozambique Change Social change -- Mozambique Social ecology -- Mozambique Economic anthropology -- Mozambique Mozambique -- Social conditions -- 1975- Mozambique -- Moral conditions -- 1975- Mozambique -- Economic policy -- 1975- Mozambique -- History -- 1975-

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