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1 Setting the Legal and Policy Framework

Stage 1:
Setting the Legal & Policy Framework

Setting the Legal and Policy Framework refers to the need for a country to formulate clear policies and strategies that both attract FDI and benefit the country.

Government Policies and Strategies Legislative and Regulatory Frameworks Sector-Wide Analyses
2 Pre-Negotiation

Stage 2:
Pre-Negotiation Stage

The Pre-Negotiation Stage refers to the period during which a government identifies a particular project or investment and conducts feasibility studies and impact assessments.

Feasibility Studies Impact Assessments Tender Process and Financial Structure
3 Contract Negotiation

Stage 3:
Contract Negotiation Stage

The Contract Negotiation Stage refers to the actual negotiation of investment contracts between a government and an investor.

Prepare for the Negotiation Assemble a Negotiation Team Develop a Negotiation Position Contract Negotiation
4 Contract Implementation and Monitoring

Stage 4:
Implementation & Monitoring Stage

The Implementation and Monitoring of the Investment Stage refers to the period during which an investment project is developed and operated pursuant to the terms of the investment contract.

Monitoring Implementation Grievance Mechanisms

Roadmap

Setting the Legal and Policy Framework

Content of this page:

As a first step, policymakers need to assess whether they have the right types of government policies, strategies, and a legal and regulatory framework in place to both attract foreign direct investment (FDI) and ensure that any such investments are sustainable and beneficial to the country.

Key Tools At This Stage

Useful Resources

Standards

Innovation in Securing Land Rights in Africa: Lessons from experience Go to resource

This paper examines current trends in land tenure and sources of insecurity, and then moves on to describe innovative policy and practice to secure various kinds of tenure rights. Rather than providing a comprehensive review, it seeks to gather insights and lessons from seven case studies. These experiences were discussed at an IIED workshop which brought together researchers and practitioners actively engaged in land tenure policy research, debates and implementation. This briefing paper aims to inform current policy debates and initiatives to support land tenure security for low income, resource-poor and vulnerable groups who make up the majority of the population in Africa. 

Segurança dos Direitos à Terra em África: Abordagens inovadoras Go to resource

Este artigo começa por examinar as actuais tendências de posse da terra e fontes de insegurança, passando depois a descrever políticas e práticas inovadoras para assegurar diversos direitos de posse. Ao invés de fornecer uma revisão exaustiva, o artigo procura reunir aprendizagens e lições de sete estudos de caso. Estas experiências foram discutidas num encontro organizado pelo IIED que reuniu investigadores e técnicos envolvidos na investigação e reflexão sobre e implementação da política de terras. Este artigo pretende contribuir para os actuais debates em torno desta política e para as iniciativas de apoio à segurança de posse para os grupos mais vulneráveis, de baixa renda e pobres em recursos, que constituem a maioria da população em África. 

Avaliação da Governança Fundiária no Brasil Go to resource

Este relatório sintetiza e discute as conclusões de uma série de autoavaliações da situação da governança fundiária1 no Brasil, realizadas inteiramente por brasileiros versados no assunto que utilizaram um instrumento padronizado de avaliação de diagnóstico baseado em indicadores. Portanto, essas conclusões representam a percepção de peritos locais fundamentada na sua experiência coletiva e em dados disponíveis. O alvo principal deste relatório são autoridades federais e estaduais diretamente envolvidas na governança fundiária nos estados avaliados e em outros estados. 

FAO: Responsible Governance of Tenure and the Law– A Guide for Lawyers and Other Legal Service Providers Go to resource

The FAO Governance of Tenure Technical Guides are part of FAO’s initiative to help develop capacities to improve tenure governance and thereby assist countries in applying the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security. The FAO Governance of Tenure Technical Guides are prepared by technical specialists and can be used by a range of actors. They:

-Translate principles of the Guidelines into practical mechanisms, processes and actions;

-Give examples of good practice – what has worked, where, why and how;

-Provide useful tools for activities such as the design of policy and reform processes, for the design of investment projects and for guiding interventions. 

Guide to Implementing the UNGPs in Investment Policymaking available Go to resource

This Guide:

  • Aims to help States better implement their State duty to protect (DtP) under the UN Guiding Principles for 
Business and Human Rights (UNGPs) across investment policymaking.
  • Highlights why investment policymaking should be a priority area for UNGP implementation.
  • Offers a practical Guide to implementation by (i) mapping the diverse State functions, instruments and actors 
that are relevant throughout the life cycle of an investment project; (ii) presenting six key issues that are most
 relevant for implementing the UNGPs in investment policymaking; and (iii) providing ideas and examples of
 measures for State implementation.

Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework Go to resource

In June 2011, in an unprecedented step, the United Nations Human Rights Council unanimously endorsed a set of Guiding Principles on Business and Human Rights. The Guiding Principles establish an authoritative global standard on the respective roles of businesses and governments in helping ensure that companies respect human rights in their own operations and through their business relationships. 

The Guiding Principles were developed by the Special Representative of the UN Secretary-General for Business and Human Rights, Professor John Ruggie of Harvard Kennedy School, over the six years of his UN mandate from 2005 to 2011. They elaborate on the three pillars of the UN "Protect, Respect and Remedy" Framework that Prof. Ruggie proposed to the Human Rights Council in 2008. The three pillars of the Framework are:

  • The state duty to protect against human rights abuses by third parties, including business, through appropriate policies, regulation, and adjudication;
  • The corporate responsibility to respect human rights, that is, to act with due diligence to avoid infringing on the rights of others and address adverse impacts with which they are involved; and
  • The need for greater access by victims to effective remedy, both judicial and non-judicial.

Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework Go to resource

En juin 2011, dans une initiative sans précédent, le Conseil des droits de l'homme des Nations Unies a approuvé à l'unanimité un ensemble de Principes directeurs sur les affaires et les droits de l'homme. Les Principes directeurs définissent une norme mondiale faisant autorité sur les rôles respectifs des entreprises et des gouvernements pour veiller à ce que les entreprises respectent les droits humains dans leurs propres opérations et dans leurs relations commerciales.

Ils ont été élaborés par le Professeur John Ruggie de la Harvard Kennedy School, alors Représentant spécial du Secrétaire général de l'Organisation des Nations Unies chargé de la question des droits de l’homme et des sociétés transnationales, pendant les six ans de son mandat auprès des Nations Unies de 2005 à 2011. Ces principes reposent sur les trois piliers du cadre de référence des Nations Unies, à savoir « protéger, respecter et réparer » proposé par le Professeur Ruggie au Conseil des droits de l'homme en 2008. Ces trois piliers du cadre de référence sont les suivants :

L'obligation de l'État de protéger les humains contre des abus perpétrés par des tiers, notamment les entreprises, grâce à des politiques, réglementations et décisions adéquates ;

La responsabilité des entreprises de respecter les droits humains, c'est-à-dire, d'agir avec la diligence requise pour éviter la violation des droits des autres et contrer les effets néfastes qui s'ensuivent ; et

Le besoin d'un plus grand accès, par les victimes, à des solutions efficaces, sur le plan judiciaire et non judiciaire.

IFC Performance Standards on Environmental and Social Sustainability Go to resource

  • Date:  2012
  • Sector:  Extractive Industries, Infrastructure, Land & Agriculture, Mining, Oil & Gas
  • Source:  IFC

The IFC's Performance Standards on Social and Environmental Sustainability are considered to be the gold standard in achieving sustainable development.

Available in Arabic, Chinese, English, French, Portuguese, Russian, Spanish, and Turkish.  

NRGI Reader | The Extractive Industries Transparency Initiative (EITI): Using EITI to Promote Policy Reform Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

NRGI Reader | Transparency Mechanisms and Movements: Tools to Foster Openness and Accountability Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

OECD Guidelines for Multinational Enterprises Go to resource

  • Sector:  Investment
  • Source:  OECD

The OECD Guidelines for Multinational Enterprises are the most comprehensive set of government-backed recommendations on responsible business conduct in existence today. The governments adhering to the Guidelines aim to encourage and maximise the positive impact MNEs can make to sustainable development and enduring social progress.

OGP: Disclosing Environmental Information in the Natural Resource Sector Go to resource

The Open Government Partnership (OGP) offers an opportunity for governments to mitigate negative impacts on local communities associated with the establishment and operation of oil, gas, and mining projects by making commitments on the proactive disclosure of social and environmental information related to the extractive industry. This issue brief aims to provide an overview of current standards and practices, and outline concrete examples of environmental disclosure commitments for consideration by governments and civil society organizations. 

Principles for Responsible Investment in Agriculture that respects Rights, Livelihoods and Resources (PRAI) Go to resource

  • Date:  2010
  • Sector:  Investment, Land & Agriculture
  • Source: 

The seven Principles for Responsible Agricultural Investment cover all types of investment in agriculture, including between principal investors and contract farmers. In many cases no purchase of land or concessions are involved. Where this does occur the principles cover both large and small holdings. The Principles are based on detailed research on the nature, extent and impacts of private sector investment and best practices in law and policy. They are intended to distil the lessons learned and provide a framework for national regulations, international investment agreements, global corporate social responsibility initiatives, and individual investor contracts.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) - 4th Edition Go to resource

  • Date:  2006
  • Sector:  Extractive Industries, Infrastructure, Investment, Land & Agriculture, Mining, Oil & Gas
  • Source:  ILO

The principles laid down in this universal instrument offer guidelines to MNEs, governments, and employers’ and workers’ organizations in such areas as employment, training, conditions of work and life, and industrial relations.

The prominent role of MNEs in the process of social and economic globalization renders the application of the principles of the MNE Declaration as timely and necessary as they were at the time of adoption. As efforts to attract and boost foreign direct investment gather momentum within and across many parts of the world, the parties concerned have a new opportunity to use the principles of the Declaration as guidelines for enhancing the positive social and labour effects of the operations of MNEs.

Available in Arabic, Bahasa Indonesian, Chinese, English, French, German, Italian, Japanese, Portuguese, Russian, and Spanish.

UNCTAD - Investment Facilitation: An Action Menu Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Infrastructure, Investment, Investment Treaties, Land & Agriculture, Mining, Oil & Gas
  • Source:  UNCTAD- Investment Hub Policy

The Action Menu proposes 10 action lines with a series of options for investment policymakers to adapt and adopt for national and international policy needs: the package includes actions that countries can choose to implement unilaterally, and options that can guide international collaboration or that can be incorporated in international investment agreements. The Action Menu should be read in the broader context of UNCTAD's Investment Policy Framework for Sustainable Development.

The proposed Action Menu is preliminary research, comments and ideas are invaluable to the further development of the Action Menu.

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security Go to resource

A reference and guide to improve the governance of tenure of land, fisheries and forests with the overarching goal of achieving food security for all and to support the progressive realization of the right to adequate food in the context of national food security.

National Development Strategies

Agriculture Investment Sourcebook Go to resource

  • Date:  2003, 2006
  • Sector:  Investment, Land & Agriculture
  • Source:  World Bank

A comprehensive guide on agricultural investments. The guide:

  • Provides information on how to develop sustainable agricultural policies and build institutional capacity;
  • Discusses different aspects of investments such as technology, information services, fisheries, agribusiness and market development, rural finance, water, vulnerability and disaster management; and
  • Offers case studies as a way of comparing different approaches to agricultural challenges and can serve as source for enhancing agricultural knowledge in the host country.

Available in Arabic, Chinese, English, French, Russian, and Spanish

Good Practices in the National Sustainable Development Strategies of OECD Countries Go to resource

An OECD review of national sustainable development strategies of OECD countries, which attempts to identify good practices with examples drawn from specific national strategies.

Guide to Implementing the UNGPs in Investment Policymaking available Go to resource

This Guide:

  • Aims to help States better implement their State duty to protect (DtP) under the UN Guiding Principles for 
Business and Human Rights (UNGPs) across investment policymaking.
  • Highlights why investment policymaking should be a priority area for UNGP implementation.
  • Offers a practical Guide to implementation by (i) mapping the diverse State functions, instruments and actors 
that are relevant throughout the life cycle of an investment project; (ii) presenting six key issues that are most
 relevant for implementing the UNGPs in investment policymaking; and (iii) providing ideas and examples of
 measures for State implementation.

Guidelines for Good Governance in Emerging Oil and Gas Producers, 2016 Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Oil & Gas
  • Source:  Chatham House

The Guidelines for Good Governance in Emerging Oil and Gas Producers 2016, compiled under the auspices of the New Petroleum Producers Discussion Group, review common challenges facing emerging producer countries in the phases of exploration, recent discoveries and early production. The following are the Guidelines’ broad recommendations for addressing these challenges.

Key objectives for the petroleum sector

Objective 1: Elaborate a strategic vision for the sector

Objective 2: Attract the most qualified investor for the long run

Objective 3: Maximize economic returns to the state through licensing

Objective 4: Earn and retain public trust and manage public expectations

Objective 5: Increase local content and benefits to the broader economy

Objective 6: Build capable national organizations to participate in and oversee the development of the resources

Objective 7: Increase accountability

Objective 8: Safeguard the environment

For each objective, the Guidelines discuss specific challenges related to the national contexts that face many emerging producers. Producers involved in the project offer their ‘lessons learned’ throughout this document.

Mapping Mining to the Sustainable Development Goals: An Atlas Go to resource

The aim of this Atlas is to encourage mining companies of all sizes to incorporate relevant Sustainable Development Goals (SDGs) into their business and operations, validate their current efforts and spark new ideas. Success will also require substantial and ongoing partnership between governments, the private sector, communities and civil society. The Atlas is intended as an introduction to the many linkages between mining and the SDGs and complements other resources on the role of mining and the private sector in sustainable development. 

 

Miongozo ya Utawala Bora katika Wazalishaji wa Kujitokeza wa Mafuta na Gesi 2016 [Guidelines for Good Governance in Emerging Oil and Gas Producers, 2016 - Swahili version] Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Oil & Gas
  • Source:  Chatham House

2016 Mwongozo, uliotayarishwa chini ya Uangalizi wa Kikundi cha Majadiliano cha Wazalishaji Wapya wa Mafuta, urekebishaji wa changamoto za kawaida zinazokabili Mataifa zalishaji yanayoibuka yaliyo katika awamu ya utafutaji, uvumbuzi wa hivi majuzi na uzalishaji wa mapema. Yafuatayo ni mapendekezo pana ya ule Mwongozo ya kubabiliana na changamoto hizi.

Zingatia malengo Mwongozo huu umeundwa kutokana na malengo yaliyoorodheshwa hapa chini. Serikali lazima ziwe na mtazamo wazi wa umuhimu wa kila lengo. Lengo la 1 ambalo linahusu ono la taifa linafaa kuimarisha yale malengo mengine. Malengo muhimu ya sekta ya petroli:

Lengo la 1: Fafanua maono ya kimkakati ya sekta

Lengo la 2: Vutia wawekezaji waliohitimu zaidi kwa muda mrefu

Lengo la 3: Fikia upeo wa juu zaidi wa faida za kiuchumi kwa taifa kupitia kutoa leseni

Lengo la 4: Kupata na kudumisha imani ya umma na kusimamia matarajio ya umma

Lengo la 5: Zidisha maudhui ya kienyeji na faida kwa uchumi mpana zaidi

Lengo la 6: Jenga mashirika ya kitaifa yaliyo na uwezo ya kushiriki na kusimamia ukuzaji wa rasilimali

Lengo la 7: Zidisha uwajibikaji

Lengo la 8: Linda mazingira Kwa kila lengo, Mwongozo huu unajadili changamoto maalum zinazohusiana na mazingira ya kitaifa ambayo wazalishaji wengi wanaoibuka wanakumbana nazo. Kote katika waraka huu wazalishaji wanaoshiriki katika mradi huu wanatoa ‘mafunzo waliyojifunza’.

National Strategies for Sustainable Development Go to resource

  • Date:  2004
  • Sector:  Investment
  • Source:  IISD

A report that seeks to identify key challenges facing countries in relation to the strategic management aspects of national development strategies in 19 countries including leadership, planning, implementation, monitoring and review, co-ordination, and participation.

It also includes a pragmatic toolbox for government sustainable development managers and policy-makers.

NRGI Reader | Fiscal Rules and Natural Resource Funds: Methods to Save and Stabilize Revenues Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

NRGI Reader | Granting Rights to Natural Resources: Determining Who Takes Natural Resources Out of the Ground Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

Preparing National Strategies to Achieve the Millennium Development Goals: A Handbook Go to resource

  • Date:  2005
  • Sector:  Investment
  • Source:  UNDP

The handbook presents a “how to” guide that can be used by governments, UN country teams, and other development professionals in preparing MDG-based national development strategies.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

UNCTAD - Investment Facilitation: An Action Menu Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Infrastructure, Investment, Investment Treaties, Land & Agriculture, Mining, Oil & Gas
  • Source:  UNCTAD- Investment Hub Policy

The Action Menu proposes 10 action lines with a series of options for investment policymakers to adapt and adopt for national and international policy needs: the package includes actions that countries can choose to implement unilaterally, and options that can guide international collaboration or that can be incorporated in international investment agreements. The Action Menu should be read in the broader context of UNCTAD's Investment Policy Framework for Sustainable Development.

The proposed Action Menu is preliminary research, comments and ideas are invaluable to the further development of the Action Menu.

Governance Frameworks

Innovation in Securing Land Rights in Africa: Lessons from experience Go to resource

This paper examines current trends in land tenure and sources of insecurity, and then moves on to describe innovative policy and practice to secure various kinds of tenure rights. Rather than providing a comprehensive review, it seeks to gather insights and lessons from seven case studies. These experiences were discussed at an IIED workshop which brought together researchers and practitioners actively engaged in land tenure policy research, debates and implementation. This briefing paper aims to inform current policy debates and initiatives to support land tenure security for low income, resource-poor and vulnerable groups who make up the majority of the population in Africa. 

Segurança dos Direitos à Terra em África: Abordagens inovadoras Go to resource

Este artigo começa por examinar as actuais tendências de posse da terra e fontes de insegurança, passando depois a descrever políticas e práticas inovadoras para assegurar diversos direitos de posse. Ao invés de fornecer uma revisão exaustiva, o artigo procura reunir aprendizagens e lições de sete estudos de caso. Estas experiências foram discutidas num encontro organizado pelo IIED que reuniu investigadores e técnicos envolvidos na investigação e reflexão sobre e implementação da política de terras. Este artigo pretende contribuir para os actuais debates em torno desta política e para as iniciativas de apoio à segurança de posse para os grupos mais vulneráveis, de baixa renda e pobres em recursos, que constituem a maioria da população em África. 

A Framework for Disclosure in Public-Private Partnerships Go to resource

The World Bank Group recommends a systematic structure for proactively disclosing information through this Framework for Disclosure in Public-Private Partnership Projects. The Framework is embedded in the findings of a global review of PPP disclosure frameworks and practices in identified jurisdictions in transacted PPP contracts.

There is a dearth of literature and guidance on policy and practice in PPP disclosure and a wide gap in the understanding of the mechanics of disclosure by practitioners within governments and the private sector. The Framework seeks to fill this gap along with its companion volumes on Jurisdictional Studies and Good Practice Cases. Apart from its potential usefulness to practitioners in the public and private sectors, the Framework is also intended for WBG and other MDB operational teams in PPP related projects who would have a tremendous opportunity not only to educate stakeholders on the technicalities associated with disclosure but to also take on an advocacy role to promote better disclosure practices. With this broader approach in mind, professionals in the above categories from different social and infrastructure sectors have been consulted widely during the preparation of the Framework as well as the two companion volumes. 

Avaliação da Governança Fundiária no Brasil Go to resource

Este relatório sintetiza e discute as conclusões de uma série de autoavaliações da situação da governança fundiária1 no Brasil, realizadas inteiramente por brasileiros versados no assunto que utilizaram um instrumento padronizado de avaliação de diagnóstico baseado em indicadores. Portanto, essas conclusões representam a percepção de peritos locais fundamentada na sua experiência coletiva e em dados disponíveis. O alvo principal deste relatório são autoridades federais e estaduais diretamente envolvidas na governança fundiária nos estados avaliados e em outros estados. 

Barreiras Jurídicas, Administrativas e Políticas aos Investimentos no Brasil- Vol. 1 Go to resource

O objetivo deste relatório é identificar as principais barreiras que podem estar impedindo o Brasil de alcançar o seu mais pleno potencial como destino dos IED em geral e especialmente dos IED orientados para as exportações de produtos manufaturados.

O relatório considera o tema em três níveis gerais de análise que, inevitavelmente, sobrepõem-se em certa medida.

1) O quadro jurídico formal para os investimentos;
2) As questões de política macroeconômica e de outra natureza que incidem sobre os IED.

3) Os requisitos administrativos em vários níveis de governo referentes ao estabelecimento e operação de uma empresa. 

 

Barreiras Jurídicas, Administrativas e Políticas aos Investimentos no Brasil- Vol. 2 Go to resource

O volume 1 deste estudo examina o arcabouço da estrutura política e jurídica, e o papel de promoção de investimentos (Vide Apêndice A do qual consta sumário executivo). O Volume 2 explora pormenorizadamente os processos administrativos que o investidor deverá seguir para constituir uma empresa e operá-la no Brasil, focalizando os Estados de São Paulo e Rio de Janeiro. Para consecução de seu objetivo, o estudo adota metodologia padronizada de análise do ambiente administrativo para investimentos diretos estrangeiros no País. Dessa forma, o estudo examina detalhadamente os procedimentos que o investidor deverá observar a fim de constituir e operar empresa no Brasil hoje. 

FAO: Responsible Governance of Tenure and the Law– A Guide for Lawyers and Other Legal Service Providers Go to resource

The FAO Governance of Tenure Technical Guides are part of FAO’s initiative to help develop capacities to improve tenure governance and thereby assist countries in applying the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security. The FAO Governance of Tenure Technical Guides are prepared by technical specialists and can be used by a range of actors. They:

-Translate principles of the Guidelines into practical mechanisms, processes and actions;

-Give examples of good practice – what has worked, where, why and how;

-Provide useful tools for activities such as the design of policy and reform processes, for the design of investment projects and for guiding interventions. 

Guidelines for Good Governance in Emerging Oil and Gas Producers, 2016 Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Oil & Gas
  • Source:  Chatham House

The Guidelines for Good Governance in Emerging Oil and Gas Producers 2016, compiled under the auspices of the New Petroleum Producers Discussion Group, review common challenges facing emerging producer countries in the phases of exploration, recent discoveries and early production. The following are the Guidelines’ broad recommendations for addressing these challenges.

Key objectives for the petroleum sector

Objective 1: Elaborate a strategic vision for the sector

Objective 2: Attract the most qualified investor for the long run

Objective 3: Maximize economic returns to the state through licensing

Objective 4: Earn and retain public trust and manage public expectations

Objective 5: Increase local content and benefits to the broader economy

Objective 6: Build capable national organizations to participate in and oversee the development of the resources

Objective 7: Increase accountability

Objective 8: Safeguard the environment

For each objective, the Guidelines discuss specific challenges related to the national contexts that face many emerging producers. Producers involved in the project offer their ‘lessons learned’ throughout this document.

IGF Mining Policy Framework Go to resource

The Mining Policy Framework (MPF) is a compendium of best practices in mining law and governance. It was developed by governments to provide a framework to guide governments to come up with a mineral regime for sustainable development. It is available in English, French, Portuguese, Russian, and Spanish.

Legal and Regulatory Issues Concerning Public-Private Partnerships Go to resource

  • Sector:  Infrastructure
  • Source:  PPIAF

The Legal Framework Assessment provides a summary of key areas of a host country's existing laws that will need to be reviewed when a government embarks on an infrastructure project, particularly one involving the private sector.

In addition, checklists, model bid documents, examples of legislative provisions relevant to infrastructure PPP projects, and financing mechanisms for PPP projects are provided.

Available in English, French, and Spanish.

Macroeconomic Policy Frameworks for Resource-Rich Developing Countries Go to resource

The guide aims to help countries achieve an investment framework that provides long-term growth and helps avoid the volatility associated with investment in natural resource industries. It provides:

  • A fiscal sustainability framework that accounts for the growth impact of public investment;
  • Offers a tool for countries to analyze the fiscal and macroeconomic implications of different savings/investment scenarios;
  • Proposes indicators for measuring revenue use; and
  • offers a toolkit for designing fiscal rules.

Miongozo ya Utawala Bora katika Wazalishaji wa Kujitokeza wa Mafuta na Gesi 2016 [Guidelines for Good Governance in Emerging Oil and Gas Producers, 2016 - Swahili version] Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Oil & Gas
  • Source:  Chatham House

2016 Mwongozo, uliotayarishwa chini ya Uangalizi wa Kikundi cha Majadiliano cha Wazalishaji Wapya wa Mafuta, urekebishaji wa changamoto za kawaida zinazokabili Mataifa zalishaji yanayoibuka yaliyo katika awamu ya utafutaji, uvumbuzi wa hivi majuzi na uzalishaji wa mapema. Yafuatayo ni mapendekezo pana ya ule Mwongozo ya kubabiliana na changamoto hizi.

Zingatia malengo Mwongozo huu umeundwa kutokana na malengo yaliyoorodheshwa hapa chini. Serikali lazima ziwe na mtazamo wazi wa umuhimu wa kila lengo. Lengo la 1 ambalo linahusu ono la taifa linafaa kuimarisha yale malengo mengine. Malengo muhimu ya sekta ya petroli:

Lengo la 1: Fafanua maono ya kimkakati ya sekta

Lengo la 2: Vutia wawekezaji waliohitimu zaidi kwa muda mrefu

Lengo la 3: Fikia upeo wa juu zaidi wa faida za kiuchumi kwa taifa kupitia kutoa leseni

Lengo la 4: Kupata na kudumisha imani ya umma na kusimamia matarajio ya umma

Lengo la 5: Zidisha maudhui ya kienyeji na faida kwa uchumi mpana zaidi

Lengo la 6: Jenga mashirika ya kitaifa yaliyo na uwezo ya kushiriki na kusimamia ukuzaji wa rasilimali

Lengo la 7: Zidisha uwajibikaji

Lengo la 8: Linda mazingira Kwa kila lengo, Mwongozo huu unajadili changamoto maalum zinazohusiana na mazingira ya kitaifa ambayo wazalishaji wengi wanaoibuka wanakumbana nazo. Kote katika waraka huu wazalishaji wanaoshiriki katika mradi huu wanatoa ‘mafunzo waliyojifunza’.

Natural Resource Charter Go to resource

The Natural Resource Charter is a set of principles to guide governments and societies’ use of natural resources so these economic opportunities result in maximum and sustained returns for a country’s citizens. The Charter outlines tools and policy options designed to avoid the mismanagement of these natural diminishing riches and work towards ensuring their ongoing benefits.

Available in Arabic, Bahasa, English, French, and Spanish.

NRGI Reader | Granting Rights to Natural Resources: Determining Who Takes Natural Resources Out of the Ground Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

NRGI Reader | Legal Framework: Navigating the Web of Laws and Contracts Governing Extractive Industries Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

OGP: Disclosing Beneficial Ownership Information in the Natural Resource Sector Go to resource

This briefing aims to encourage and orient Open Government Partnership (OGP) countries to commit to beneficial ownership disclosure, which impact the natural resource sector. It explores the rationale behind this commitment, provides country examples, and offers ideas around good practice. It draws heavily from the Natural Resource Governance Institute’s (NRGI) briefing Owning Up: Options for Disclosing the Identities of Beneficial Owners of Extractive Companies. 

OGP: Disclosing Environmental Information in the Natural Resource Sector Go to resource

The Open Government Partnership (OGP) offers an opportunity for governments to mitigate negative impacts on local communities associated with the establishment and operation of oil, gas, and mining projects by making commitments on the proactive disclosure of social and environmental information related to the extractive industry. This issue brief aims to provide an overview of current standards and practices, and outline concrete examples of environmental disclosure commitments for consideration by governments and civil society organizations. 

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

  • Date:  2015
  • Sector:  Extractive Industries
  • Source: 

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

  • Date:  2015
  • Sector:  Extractive Industries
  • Source: 

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. T

he volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification.

The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security Go to resource

A reference and guide to improve the governance of tenure of land, fisheries and forests with the overarching goal of achieving food security for all and to support the progressive realization of the right to adequate food in the context of national food security.

Fiscal Regime

Administering Fiscal Regimes for Extractive Industries : A Handbook Go to resource

Revenues from natural resources often pose unique challenges for tax administration. This Handbook is one of the first of its kind to focus attention on effectively administering revenues from extractive industries. It provides policymakers and officials in developing and emerging market economies with practical guidelines to establish a robust legal framework, organization, and procedures for administering revenue from these industries. It discusses transparency and how to promote it in the face of increasing demands for clarity and accountability in the administration of public revenues from extractive industries, and discusses how developing countries can strengthen their managerial and technical capacity to administer these revenues.

Barreiras Jurídicas, Administrativas e Políticas aos Investimentos no Brasil- Vol. 1 Go to resource

O objetivo deste relatório é identificar as principais barreiras que podem estar impedindo o Brasil de alcançar o seu mais pleno potencial como destino dos IED em geral e especialmente dos IED orientados para as exportações de produtos manufaturados.

O relatório considera o tema em três níveis gerais de análise que, inevitavelmente, sobrepõem-se em certa medida.

1) O quadro jurídico formal para os investimentos;
2) As questões de política macroeconômica e de outra natureza que incidem sobre os IED.

3) Os requisitos administrativos em vários níveis de governo referentes ao estabelecimento e operação de uma empresa. 

 

Barreiras Jurídicas, Administrativas e Políticas aos Investimentos no Brasil- Vol. 2 Go to resource

O volume 1 deste estudo examina o arcabouço da estrutura política e jurídica, e o papel de promoção de investimentos (Vide Apêndice A do qual consta sumário executivo). O Volume 2 explora pormenorizadamente os processos administrativos que o investidor deverá seguir para constituir uma empresa e operá-la no Brasil, focalizando os Estados de São Paulo e Rio de Janeiro. Para consecução de seu objetivo, o estudo adota metodologia padronizada de análise do ambiente administrativo para investimentos diretos estrangeiros no País. Dessa forma, o estudo examina detalhadamente os procedimentos que o investidor deverá observar a fim de constituir e operar empresa no Brasil hoje. 

FERDI: Mining tax database for Africa Go to resource

A tax and legal database which specifies the tax regime applied to industrial gold mining companies in 14 African countries from the 1980s to 2015. Over 700 legal texts were necessary to build the database. The database features three major innovations:
(i) an inventory of taxes and duties (rate, base and exemptions) payable during the prospecting phase and mining phase of a gold mining project;
(ii) greater historical depth;
(iii) the link between each piece of tax information and its legal source.

This database helps users to understand the evolution of the gold mining tax systems, compare the gold mining tax systems of different African countries, compare the gold mining taxation between different mining projects in the same country, and assess mineral resource rent sharing between investors and governments.

An extract of the database concerning Madagascar is directly downloadable.
The whole database is available on request

Fiscal Systems for Hydrocarbons Design Issues Go to resource

  • Date:  2007
  • Sector:  Extractive Industries, Oil & Gas
  • Source:  World Bank

This paper examines the key elements of the legal and fiscal frameworks utilized in the petroleum sector and aims to outline desirable features that should be considered in the design of fiscal policy with the objective of optimizing the host government’s benefits, taking into account the effect that this would have on the private sector’s investment.

How To Improve Mining Tax Administration and Collection Frameworks Go to resource

  • Date:  2013
  • Sector:  Extractive Industries, Mining
  • Source:  World Bank

Governments of mineral-rich countries formulate and use a variety of financial instruments to collect a share of the revenue generated by mining companies. Instruments include the full range of taxes, fees, and charges that generally apply to all normal commercial operations. In addition to these measures, most governments use mineral royalties along with variations to the corporate taxation measures, customs duties, and value-added taxes that apply just to mining.

This sourcebook focuses on mineral royalties and on other taxation measures that are specific to mining activities, with particular emphasis on imposts of common application in most developing countries, which may create challenges in their administration. The legislative framework establishing these taxes in developing countries that are experiencing an accelerated pace of resource development is in most cases relatively modern and largely adequate, but the supporting administrative capability, procedures, and systems have tended to lag behind.

This sourcebook presents a practical overview of how to analyze and improve the administrative frameworks and systems for mineral royalties and other taxes specific to mining.

This sourcebook provides a structured approach to help the ministries of finance and mines analyze and improve their effectiveness and efficiency in handling common issues and challenges; avoid duplication of effort; and overcome the organizational, structural, and resourcing difficulties generally encountered in the administration of various elements of mining regimes.

Available in Arabic, Chinese, English, French, Spanish, and Russian

Macroeconomic Policy Frameworks for Resource-Rich Developing Countries Go to resource

The guide aims to help countries achieve an investment framework that provides long-term growth and helps avoid the volatility associated with investment in natural resource industries. It provides:

  • A fiscal sustainability framework that accounts for the growth impact of public investment;
  • Offers a tool for countries to analyze the fiscal and macroeconomic implications of different savings/investment scenarios;
  • Proposes indicators for measuring revenue use; and
  • offers a toolkit for designing fiscal rules.

Mining Royalties: A Global Study of their Impact on Investors, Government and Civil Society Go to resource

  • Date:  2006
  • Sector:  Extractive Industries, Mining
  • Source:  World Bank

A comprehensive reference on mineral resource taxation. The report discusses the history of royalties and the types currently in use, covering key practical issues such as tax administration, revenue distribution and reporting.

It identifies the strengths and weaknesses of various tax approaches, including the economic impact of these approaches on production decisions and mine economics, and the effect of royalty taxes on the investment climate, civil society and markets.

Mining Royalties: A Global Study of their Impact on Investors, Government, and Civil Society Go to resource

  • Date:  2006
  • Sector:  Extractive Industries, Mining
  • Source:  World Bank

This guide focuses on information and analysis relating to mineral royalties. It provides a general discussion of the concepts behind mining taxation, a guide to royalties, examples of royalty calculations and the ways in which these interact with other forms of taxation, as well as financial effects on investments under varying conditions.

The guide also includes examples of royalty legislation from over forty nations. It discusses implications for investors and governments of various tax regimes and provides specific country case examples.

A chapter is included on transparency, governance, and management of revenue streams.

The appendices contain brief summaries and selected statutes relating to royalties in a broad cross-section of nations around the world, sample spreadsheets of the results of mine models that were analyzed and examples of administrative and distributional approaches to collecting royalties. 

Available in Arabic, Chinese, English, French, Spanish, and Russian

NRGI Reader | Fiscal Regime Design: What Revenues the Government Will be Entitled to Collect Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

NRGI Reader | Fiscal Rules and Natural Resource Funds: Methods to Save and Stabilize Revenues Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

Local Content

A Practical Guide to Increasing Mining Local Procurement in West Africa Go to resource

  • Date:  2015
  • Sector:  Extractive Industries, Mining
  • Source:  World Bank

This guide provides information, guidance and tools to support decision-making, planning and implementation of mining local procurement in West Africa, in particular at a country level. It can be used by individual role players as well as form the basis of consultative processes. The guide can also support regional harmonization relating to mining local procurement.

The guide addresses questions that are commonly asked by governments, companies, and citizens in the region. How do we define and measure local procurement? Do we create a specific policy or legislation to encourage mining companies to buy more locally? If so, what do these look like, and what has led to successful outcomes in other countries? Do we pick winner productive sectors? How do we best support suppliers to develop the right capacities and standards to meet mine requirements? What institutional framework and which actors need to be involved to deliver? Rather than laying the main responsibility for increasing domestic sourcing on the mining sector, the guide aims at promoting a multi-stakeholder approach, in which all actors have clear roles and responsibilities. This guide has been organised into eight modules that each address a set of related questions that have been consistently raised by role players.

Local Content Initiatives: Enhancing the Subnational Benefits of the Oil, Gas and Mining Sectors Go to resource

This paper offers guidance on designing and implementing local content initiatives in the oil, gas and mining sectors to ensure economic sustainability within producing regions. It aims to answer the question of how national and subnational governments, industry and civil society can maximize local benefits through partnerships among governments, companies and civil society organizations.

Available in English and Spanish.

World Bank Report: Local content in the oil and gas sector Go to resource

  • Date:  2013
  • Sector:  Oil & Gas
  • Source:  World Bank

A number of countries have recently discovered and are developing oil and gas reserves. Policy makers in such countries are anxious to obtain the greatest benefits for their economies from the extraction of these exhaustible resources by designing appropriate policies to achieve desired goals. One important theme of such policies is the so-called local content created by the sector- the extent to which the output of the extractive industry sector generates further benefits to the economy beyond the direct contribution of its value-added, through its links to other sectors. Local Content Policies (LCPs) were first introduced in the North sea in the early 1970s and ranged from restrictions on imports to direct state intervention in the oil sector. While LCPs have the potential to stimulate broad-based economic development, which is necessary to alleviate poverty and achieve the United Nation's Millennium Development Goals (MDGs), their application in petroleum-rich countries has achieved mixed results.

This paper serves to introduce the topic by describing policies and practices meant to foster the development of economic links from the petroleum sector, as adopted by a number of petroleum-producing countries both in and outside the Organization for Economic Co-operation and Development (OECD).

The paper is organized as follows: chapter one defines local content and briefly illustrates the links between the petroleum sector and other economic sectors (where policies may be able to increase the economic benefits of the petroleum sector). An attempt is made to measure local content levels in a wide sample of petroleum-producing countries including net importers and net exporters, and countries at different stages of economic development to put LCPs in context and to consider if the structure of an economy is a key driver of local content levels. Chapter two discusses the arguments that have been used in favor and against the use of productive development policies in general and LCPs in particular. Chapter three provides an outline of the tools and types of LCPs that have been used by petroleum producing countries, and present their strengths and weaknesses. Chapter four focuses on issues related to the measurement and monitoring of LCPs, and discusses the limitations of alternative metrics. Chapter five provides a description of LCP objectives, implementation tools, and reporting metrics used in a selected sample of oil-producing countries including Angola, Brazil, Kazakhstan, Indonesia, Malaysia, and Trinidad and Tobago and draw initial lessons that may be relevant to other countries.

Laws & Regulations

Innovation in Securing Land Rights in Africa: Lessons from experience Go to resource

This paper examines current trends in land tenure and sources of insecurity, and then moves on to describe innovative policy and practice to secure various kinds of tenure rights. Rather than providing a comprehensive review, it seeks to gather insights and lessons from seven case studies. These experiences were discussed at an IIED workshop which brought together researchers and practitioners actively engaged in land tenure policy research, debates and implementation. This briefing paper aims to inform current policy debates and initiatives to support land tenure security for low income, resource-poor and vulnerable groups who make up the majority of the population in Africa. 

Segurança dos Direitos à Terra em África: Abordagens inovadoras Go to resource

Este artigo começa por examinar as actuais tendências de posse da terra e fontes de insegurança, passando depois a descrever políticas e práticas inovadoras para assegurar diversos direitos de posse. Ao invés de fornecer uma revisão exaustiva, o artigo procura reunir aprendizagens e lições de sete estudos de caso. Estas experiências foram discutidas num encontro organizado pelo IIED que reuniu investigadores e técnicos envolvidos na investigação e reflexão sobre e implementação da política de terras. Este artigo pretende contribuir para os actuais debates em torno desta política e para as iniciativas de apoio à segurança de posse para os grupos mais vulneráveis, de baixa renda e pobres em recursos, que constituem a maioria da população em África. 

Agriculture Investment Sourcebook Go to resource

  • Date:  2003, 2006
  • Sector:  Investment, Land & Agriculture
  • Source:  World Bank

A comprehensive guide on agricultural investments. The guide:

  • Provides information on how to develop sustainable agricultural policies and build institutional capacity;
  • Discusses different aspects of investments such as technology, information services, fisheries, agribusiness and market development, rural finance, water, vulnerability and disaster management; and
  • Offers case studies as a way of comparing different approaches to agricultural challenges and can serve as source for enhancing agricultural knowledge in the host country.

Available in Arabic, Chinese, English, French, Russian, and Spanish

Barreiras Jurídicas, Administrativas e Políticas aos Investimentos no Brasil- Vol. 1 Go to resource

O objetivo deste relatório é identificar as principais barreiras que podem estar impedindo o Brasil de alcançar o seu mais pleno potencial como destino dos IED em geral e especialmente dos IED orientados para as exportações de produtos manufaturados.

O relatório considera o tema em três níveis gerais de análise que, inevitavelmente, sobrepõem-se em certa medida.

1) O quadro jurídico formal para os investimentos;
2) As questões de política macroeconômica e de outra natureza que incidem sobre os IED.

3) Os requisitos administrativos em vários níveis de governo referentes ao estabelecimento e operação de uma empresa. 

 

Barreiras Jurídicas, Administrativas e Políticas aos Investimentos no Brasil- Vol. 2 Go to resource

O volume 1 deste estudo examina o arcabouço da estrutura política e jurídica, e o papel de promoção de investimentos (Vide Apêndice A do qual consta sumário executivo). O Volume 2 explora pormenorizadamente os processos administrativos que o investidor deverá seguir para constituir uma empresa e operá-la no Brasil, focalizando os Estados de São Paulo e Rio de Janeiro. Para consecução de seu objetivo, o estudo adota metodologia padronizada de análise do ambiente administrativo para investimentos diretos estrangeiros no País. Dessa forma, o estudo examina detalhadamente os procedimentos que o investidor deverá observar a fim de constituir e operar empresa no Brasil hoje. 

FERDI: Mining tax database for Africa Go to resource

A tax and legal database which specifies the tax regime applied to industrial gold mining companies in 14 African countries from the 1980s to 2015. Over 700 legal texts were necessary to build the database. The database features three major innovations:
(i) an inventory of taxes and duties (rate, base and exemptions) payable during the prospecting phase and mining phase of a gold mining project;
(ii) greater historical depth;
(iii) the link between each piece of tax information and its legal source.

This database helps users to understand the evolution of the gold mining tax systems, compare the gold mining tax systems of different African countries, compare the gold mining taxation between different mining projects in the same country, and assess mineral resource rent sharing between investors and governments.

An extract of the database concerning Madagascar is directly downloadable.
The whole database is available on request

Good-fit Practice Activities in the International Oil, Gas and Mining Industries: Policy, Legal and Contractual Framework Go to resource

  • Sector:  Extractive Industries, Mining, Oil & Gas
  • Source:  EI Sourcebook

This chapter of the EI sourcebook covers issues related to sector policy, legislation, contracts, award of contracts and licenses, and regulation. Topics include:

  • Policy Context
  • Sector Legislation: Design
  • Sector Legislation: Content
  • Contracts and Licenses
  • Local Content
  • The Award of Contracts and Licenses
  • Regulations
  • Contract Negotiations and Dispute Settlement

Guide to Implementing the UNGPs in Investment Policymaking available Go to resource

This Guide:

  • Aims to help States better implement their State duty to protect (DtP) under the UN Guiding Principles for 
Business and Human Rights (UNGPs) across investment policymaking.
  • Highlights why investment policymaking should be a priority area for UNGP implementation.
  • Offers a practical Guide to implementation by (i) mapping the diverse State functions, instruments and actors 
that are relevant throughout the life cycle of an investment project; (ii) presenting six key issues that are most
 relevant for implementing the UNGPs in investment policymaking; and (iii) providing ideas and examples of
 measures for State implementation.

Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework Go to resource

En juin 2011, dans une initiative sans précédent, le Conseil des droits de l'homme des Nations Unies a approuvé à l'unanimité un ensemble de Principes directeurs sur les affaires et les droits de l'homme. Les Principes directeurs définissent une norme mondiale faisant autorité sur les rôles respectifs des entreprises et des gouvernements pour veiller à ce que les entreprises respectent les droits humains dans leurs propres opérations et dans leurs relations commerciales.

Ils ont été élaborés par le Professeur John Ruggie de la Harvard Kennedy School, alors Représentant spécial du Secrétaire général de l'Organisation des Nations Unies chargé de la question des droits de l’homme et des sociétés transnationales, pendant les six ans de son mandat auprès des Nations Unies de 2005 à 2011. Ces principes reposent sur les trois piliers du cadre de référence des Nations Unies, à savoir « protéger, respecter et réparer » proposé par le Professeur Ruggie au Conseil des droits de l'homme en 2008. Ces trois piliers du cadre de référence sont les suivants :

L'obligation de l'État de protéger les humains contre des abus perpétrés par des tiers, notamment les entreprises, grâce à des politiques, réglementations et décisions adéquates ;

La responsabilité des entreprises de respecter les droits humains, c'est-à-dire, d'agir avec la diligence requise pour éviter la violation des droits des autres et contrer les effets néfastes qui s'ensuivent ; et

Le besoin d'un plus grand accès, par les victimes, à des solutions efficaces, sur le plan judiciaire et non judiciaire.

Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework Go to resource

In June 2011, in an unprecedented step, the United Nations Human Rights Council unanimously endorsed a set of Guiding Principles on Business and Human Rights. The Guiding Principles establish an authoritative global standard on the respective roles of businesses and governments in helping ensure that companies respect human rights in their own operations and through their business relationships. 

The Guiding Principles were developed by the Special Representative of the UN Secretary-General for Business and Human Rights, Professor John Ruggie of Harvard Kennedy School, over the six years of his UN mandate from 2005 to 2011. They elaborate on the three pillars of the UN "Protect, Respect and Remedy" Framework that Prof. Ruggie proposed to the Human Rights Council in 2008. The three pillars of the Framework are:

  • The state duty to protect against human rights abuses by third parties, including business, through appropriate policies, regulation, and adjudication;
  • The corporate responsibility to respect human rights, that is, to act with due diligence to avoid infringing on the rights of others and address adverse impacts with which they are involved; and
  • The need for greater access by victims to effective remedy, both judicial and non-judicial.

IGF Mining Policy Framework Go to resource

The Mining Policy Framework (MPF) is a compendium of best practices in mining law and governance. It was developed by governments to provide a framework to guide governments to come up with a mineral regime for sustainable development. It is available in English, French, Portuguese, Russian, and Spanish.

IISD Guide to Negotiating Investment Contracts for Farmland and Water Go to resource

  • Date:  2014
  • Sector:  Land & Agriculture
  • Source:  IISD

The IISD Guide to Negotiating Investment Contracts for Farmland and Water is a legal and policy tool for governments and communities that are involved in negotiating investment contracts with foreign investors. The guide focuses on a particular type of contract involving long-term leases of farmland. Part I, Preparing for Negotiations, is designed to assist in the preparatory phase. Part 2, Model Contract, is structured like an investment contract for the lease of farmland and proposes model provisions.

Legal and Regulatory Issues Concerning Public-Private Partnerships Go to resource

  • Sector:  Infrastructure
  • Source:  PPIAF

The Legal Framework Assessment provides a summary of key areas of a host country's existing laws that will need to be reviewed when a government embarks on an infrastructure project, particularly one involving the private sector.

In addition, checklists, model bid documents, examples of legislative provisions relevant to infrastructure PPP projects, and financing mechanisms for PPP projects are provided.

Available in English, French, and Spanish.

Mining Royalties: A Global Study of their Impact on Investors, Government, and Civil Society Go to resource

  • Date:  2006
  • Sector:  Extractive Industries, Mining
  • Source:  World Bank

This guide focuses on information and analysis relating to mineral royalties. It provides a general discussion of the concepts behind mining taxation, a guide to royalties, examples of royalty calculations and the ways in which these interact with other forms of taxation, as well as financial effects on investments under varying conditions.

The guide also includes examples of royalty legislation from over forty nations. It discusses implications for investors and governments of various tax regimes and provides specific country case examples.

A chapter is included on transparency, governance, and management of revenue streams.

The appendices contain brief summaries and selected statutes relating to royalties in a broad cross-section of nations around the world, sample spreadsheets of the results of mine models that were analyzed and examples of administrative and distributional approaches to collecting royalties. 

Available in Arabic, Chinese, English, French, Spanish, and Russian

NRGI Reader | Contract Transparency: Creating Conditions To Improve Contract Quality Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

NRGI Reader | Granting Rights to Natural Resources: Determining Who Takes Natural Resources Out of the Ground Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

NRGI Reader | Legal Framework: Navigating the Web of Laws and Contracts Governing Extractive Industries Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

NRGI Reader | The Extractive Industries Transparency Initiative (EITI): Using EITI to Promote Policy Reform Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

NRGI Reader | Transparency Mechanisms and Movements: Tools to Foster Openness and Accountability Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

OGP: Disclosing Beneficial Ownership Information in the Natural Resource Sector Go to resource

This briefing aims to encourage and orient Open Government Partnership (OGP) countries to commit to beneficial ownership disclosure, which impact the natural resource sector. It explores the rationale behind this commitment, provides country examples, and offers ideas around good practice. It draws heavily from the Natural Resource Governance Institute’s (NRGI) briefing Owning Up: Options for Disclosing the Identities of Beneficial Owners of Extractive Companies. 

PPP in Infrastructure Resource Center for Contracts, Laws, and Regulation (PPPIRC) Go to resource

A website that provides practical guidance and best practice in the planning, development and legal structuring of infrastructure projects, especially those involving the private sector.

The website includes sample documents, clauses and legislation from the power, water and sanitation, telecom, and transport sectors. It also includes standard procurement and bidding documents. Materials are available in English, French and Spanish.

Public-Private Partnerships Reference Guide: Version 2.0 Go to resource

The PPP Reference Guide is a comprehensive resource for PPP practitioners worldwide, drawing from global approaches and experiences.

The PPP Reference Guide seeks to provide advice on what PPP practitioners should know, rather than provide advice on what to do. The Guide sets out the main topics, looks at the key issues that must be addressed, and provides some of the most important references that PPP practitioners can turn to for answers and to enhance their own knowledge and understanding.

The website is also available in French and Spanish, but the document is only available in english.

It is structured into separate sections that focus on three main areas:

  1. What are PPPs, when might they be used and what are the advantages and disadvantages relative to public provision;
  2. What kind of policy, legal and institutional frameworks should be put into place to help improve their effectiveness; and
  3. What are the ways in which PPP projects can be developed and implemented.

A diverse range of case studies and institutional solutions, from all parts of the world, are presented in the PPP Reference Guide.

Railway Reform: Toolkit for Improving Rail Sector Performance (2011) Go to resource

  • Date:  2011
  • Sector:  Infrastructure
  • Source:  PPIAF

Provides an easy-to-use resource on the rail industry—what it is and what it does best—and provides an experience-based set of best practices to aid in the planning and execution of railway reforms. Professionals and practitioners who could benefit from this toolkit include government policy makers, legislators, regulators, railway management personnel, international financial institutions, and other stakeholders-including railway customers and employees—who seek improvements in railway financial and operational performance.

The toolkit is now available in English and Russian.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

  • Date:  2015
  • Sector:  Extractive Industries
  • Source: 

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

  • Date:  2015
  • Sector:  Extractive Industries
  • Source: 

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. T

he volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification.

The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

UNCTAD - Investment Facilitation: An Action Menu Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Infrastructure, Investment, Investment Treaties, Land & Agriculture, Mining, Oil & Gas
  • Source:  UNCTAD- Investment Hub Policy

The Action Menu proposes 10 action lines with a series of options for investment policymakers to adapt and adopt for national and international policy needs: the package includes actions that countries can choose to implement unilaterally, and options that can guide international collaboration or that can be incorporated in international investment agreements. The Action Menu should be read in the broader context of UNCTAD's Investment Policy Framework for Sustainable Development.

The proposed Action Menu is preliminary research, comments and ideas are invaluable to the further development of the Action Menu.

World Bank Report: Local content in the oil and gas sector Go to resource

  • Date:  2013
  • Sector:  Oil & Gas
  • Source:  World Bank

A number of countries have recently discovered and are developing oil and gas reserves. Policy makers in such countries are anxious to obtain the greatest benefits for their economies from the extraction of these exhaustible resources by designing appropriate policies to achieve desired goals. One important theme of such policies is the so-called local content created by the sector- the extent to which the output of the extractive industry sector generates further benefits to the economy beyond the direct contribution of its value-added, through its links to other sectors. Local Content Policies (LCPs) were first introduced in the North sea in the early 1970s and ranged from restrictions on imports to direct state intervention in the oil sector. While LCPs have the potential to stimulate broad-based economic development, which is necessary to alleviate poverty and achieve the United Nation's Millennium Development Goals (MDGs), their application in petroleum-rich countries has achieved mixed results.

This paper serves to introduce the topic by describing policies and practices meant to foster the development of economic links from the petroleum sector, as adopted by a number of petroleum-producing countries both in and outside the Organization for Economic Co-operation and Development (OECD).

The paper is organized as follows: chapter one defines local content and briefly illustrates the links between the petroleum sector and other economic sectors (where policies may be able to increase the economic benefits of the petroleum sector). An attempt is made to measure local content levels in a wide sample of petroleum-producing countries including net importers and net exporters, and countries at different stages of economic development to put LCPs in context and to consider if the structure of an economy is a key driver of local content levels. Chapter two discusses the arguments that have been used in favor and against the use of productive development policies in general and LCPs in particular. Chapter three provides an outline of the tools and types of LCPs that have been used by petroleum producing countries, and present their strengths and weaknesses. Chapter four focuses on issues related to the measurement and monitoring of LCPs, and discusses the limitations of alternative metrics. Chapter five provides a description of LCP objectives, implementation tools, and reporting metrics used in a selected sample of oil-producing countries including Angola, Brazil, Kazakhstan, Indonesia, Malaysia, and Trinidad and Tobago and draw initial lessons that may be relevant to other countries.

WRI Rights to Resources Interactive Map: Sub-Saharan Africa Go to resource

  • Date:  2014
  • Sector:  Extractive Industries, Land & Agriculture, Mining, Oil & Gas
  • Source:  WRI

The Rights to Resources interactive map presents information on citizen and community rights to natural resources in sub-Saharan Africa. National framework laws for each of the 49 countries in the region were reviewed to answer eleven questions about local use rights to five natural resources: water, trees, wildlife, minerals, and petroleum.

The information on the map can help Governments compare property rights regimes across natural resources and countries.

Users can also download the data set in Excel format.

 

 

Investment Treaties

Guide to Implementing the UNGPs in Investment Policymaking available Go to resource

This Guide:

  • Aims to help States better implement their State duty to protect (DtP) under the UN Guiding Principles for 
Business and Human Rights (UNGPs) across investment policymaking.
  • Highlights why investment policymaking should be a priority area for UNGP implementation.
  • Offers a practical Guide to implementation by (i) mapping the diverse State functions, instruments and actors 
that are relevant throughout the life cycle of an investment project; (ii) presenting six key issues that are most
 relevant for implementing the UNGPs in investment policymaking; and (iii) providing ideas and examples of
 measures for State implementation.

ICSID Database of Bilateral Investment Treaties Go to resource

  • Sector:  Investment Treaties
  • Source:  ICSID

This database contains information on all the bilateral investment treaties collected by ICSID to date. The information is organized alphabetically by signatory, and may be further searched by selecting two specific States or the year of signature.

IIED Briefing: Investment Treaties and Sustainable Development Go to resource

Over 3,000 international investment treaties (IITs) are in force, more are being negotiated. While informed debates on IITs are usually framed in legalistic terms, the signing and wording of these treaties imply important trade-offs between policy goals. The ramifications can be expensive (the record payout to investors for breach of an IIT is US$1.7 billion), far-reaching (affecting issues well beyond investment policy, including public health or environmental measures), and difficult to withdraw from (because the ability to terminate a treaty or its effects may be restricted for decades). Countries considering negotiating investment treaties need proper reflection and public debate on these policy choices. This overview briefing is the first of four promoting debate on IITs and sustainable development.

The briefing is also available in Burmese.

IISD Model Agreement on Investment for Sustainable Development Go to resource

  • Date:  2005
  • Sector:  Investment Treaties
  • Source:  IISD

IISD's Model Agreement on Investment takes a fresh look at the formulation of international investment agreements. It differs by looking not only from the perspective of the investor, but also at the rights and obligations of the host state. IISD's Model Agreement and accompanying publications focus on achieving sustainable development while fostering international investment.

The draft is the result of an 18-month process of drafting and consultations, including a high-level experts meeting in January 2005 in The Hague and a launch event hosted by the Commonwealth Secretariat in April 2005. A parallel exercise developing a Southern Agenda also fed strongly into the process.

IISD Model Agreement on Investment for Sustainable Development - Negotiators' Handbook Go to resource

  • Date:  2005
  • Sector:  Investment Treaties
  • Source:  IISD

The IISD Model Investment Agreement is accompanied by a Negotiator’s Handbook, with article-by-article commentary that draws out the nuances and intent of the text, differentiating it from the current standard approaches and related alternatives. This should be of use to those countries now negotiating or revising investment agreements.

International Investment Agreements Negotiator’s Handbook: APEC/UNCTAD Modules Go to resource

The handbook is an APEC-UNCTAD initiative which aims to provide practical and user-friendly information to negotiators of International Investment Agreements (IIAs) in order to assist them in the decision-making process towards concluding IIAs compatible with national policy objectives.

There are a total of 26 sections (modules), each dedicated to a specific provision or issue commonly encountered in IIAs. Each module identifies main approaches and policy options accompanied by sample treaty formulations from existing IIAs. Importantly, it also sets out main implications of each policy option in order to assist negotiators in making an informed choice.

Investment and Sustainable Development: A Guide to the Use and Potential of International Investment Agreements Go to resource

A guide that analyzes common aspects of existing International Investment Agreements and assesses their shortfalls in fostering sustainable development in host countries, offering suggestions on how to improve contract-drafting so as to avoid negative impacts and re-negotiations in the future.

Investment Policy Framework for Sustainable Development (IPFSD) Go to resource

The IPFSD provides guidance to governments on formulating investment policies that seek to both encourage foreign direct investment and promote sustainable development. The IPFSD consists of a set of Core Principles for investment policymaking and translates them into (1) guidelines for national investment policies, and options and provisions for the design and (2) use of International Investment Agreements.

Investment Treaties & Why they Matter to Sustainable Development: Questions & Answers Go to resource

The handbook focuses on one of the steps governments commonly take in the pursuit of investment: concluding international treaties that guarantee a certain standard of treatment for foreign investors. 

The handbook aims to provide an accessible introduction to the world of international investment treaties and their implications for sustainable development. If sustainable development is, in large part, an investment challenge, then the international agreements that govern investment must be fit for that purpose. 

Key Terms and Concepts in IIAs: A Glossary Go to resource

  • Date:  2004
  • Sector:  Investment Treaties
  • Source:  UNCTAD

The purpose of this glossary is to provide brief explanatory commentaries on the main terms and concepts used in international investment agreements.

Model Bilateral Investment Treaty - United States Go to resource

  • Date:  2012
  • Sector:  Investment Treaties

Model Bilateral Investment Treaty Template - Southern African Development Community (SADC) Go to resource

  • Date:  2012
  • Sector:  Investment Treaties
  • Source: 

The SADC Model BIT Template provides advice to governments for future negotiations of investment treaties. The template reflects the objective of relating FDI to sustainable development. It contains various examples of provisions to address sustainable development concerns with commentaries. In particular, in includes a section dedicated to obligations of investors that covers anti-corruption, compliance with domestic law, environmental assessment and management, human rights, social and economic development issues and corporate governance – as well as reference to their enforcement. It also includes provisions to preserve the state right to regulate and the right to pursue development goals.

Model Bilaterial Investment Treaty - Canada Go to resource

  • Date:  2004
  • Sector:  Investment Treaties

Model Bilaterial Investment Treaty - Columbia Go to resource

  • Date:  2007
  • Sector:  Investment Treaties

Model Bilaterial Investment Treaty - Norway Go to resource

  • Date:  2007
  • Sector:  Investment Treaties

UNCTAD Database of Bilateral Investment Treaties Go to resource

  • Sector:  Investment Treaties
  • Source:  UNCTAD

A BITs search engine which provides a user-friendly way to retrieve either: (1) all available BITs signed by one country, and (2) a specific BIT between two countries.

Investment Policies

Attracting Investors to African Public-Private Partnerships: A Project Preparation Guide Go to resource

  • Date:  2009
  • Sector:  Infrastructure
  • Source:  PPIAF

This publication is an earlier version of the book above on "How to Engage with the Private Sector in Public-Private Partnerships in Emerging Markets". This book was aimed at African public sector officials while the updated version focuses beyond Africa with a wide range of case studies from several regions and sectors to show a more global perspective and experiences. 

The publication is also available in French.  

Guide to Implementing the UNGPs in Investment Policymaking available Go to resource

This Guide:

  • Aims to help States better implement their State duty to protect (DtP) under the UN Guiding Principles for 
Business and Human Rights (UNGPs) across investment policymaking.
  • Highlights why investment policymaking should be a priority area for UNGP implementation.
  • Offers a practical Guide to implementation by (i) mapping the diverse State functions, instruments and actors 
that are relevant throughout the life cycle of an investment project; (ii) presenting six key issues that are most
 relevant for implementing the UNGPs in investment policymaking; and (iii) providing ideas and examples of
 measures for State implementation.

Guidelines for Good Governance in Emerging Oil and Gas Producers, 2016 Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Oil & Gas
  • Source:  Chatham House

The Guidelines for Good Governance in Emerging Oil and Gas Producers 2016, compiled under the auspices of the New Petroleum Producers Discussion Group, review common challenges facing emerging producer countries in the phases of exploration, recent discoveries and early production. The following are the Guidelines’ broad recommendations for addressing these challenges.

Key objectives for the petroleum sector

Objective 1: Elaborate a strategic vision for the sector

Objective 2: Attract the most qualified investor for the long run

Objective 3: Maximize economic returns to the state through licensing

Objective 4: Earn and retain public trust and manage public expectations

Objective 5: Increase local content and benefits to the broader economy

Objective 6: Build capable national organizations to participate in and oversee the development of the resources

Objective 7: Increase accountability

Objective 8: Safeguard the environment

For each objective, the Guidelines discuss specific challenges related to the national contexts that face many emerging producers. Producers involved in the project offer their ‘lessons learned’ throughout this document.

Investment Law Reform: A handbook for development practitioners Go to resource

A handbook that provides government lawyers with a framework to evaluate the quality of a country’s investment legislation (if it exists) and how the legislation relates to its investment policy and investment incentives. It also provides practical guidance on how to write new or reform existing investment legislation based on emerging “good practices.”

The handbook appendices contain drafting guidelines and checklists of issues that FDI laws should include and that countries can use when drafting investment legislation. It includes a chapter on monitoring and evaluation.

Investment Policy Framework for Sustainable Development (IPFSD) Go to resource

The IPFSD provides guidance to governments on formulating investment policies that seek to both encourage foreign direct investment and promote sustainable development. The IPFSD consists of a set of Core Principles for investment policymaking and translates them into (1) guidelines for national investment policies, and options and provisions for the design and (2) use of International Investment Agreements.

Macroeconomic Policy Frameworks for Resource-Rich Developing Countries Go to resource

The guide aims to help countries achieve an investment framework that provides long-term growth and helps avoid the volatility associated with investment in natural resource industries. It provides:

  • A fiscal sustainability framework that accounts for the growth impact of public investment;
  • Offers a tool for countries to analyze the fiscal and macroeconomic implications of different savings/investment scenarios;
  • Proposes indicators for measuring revenue use; and
  • offers a toolkit for designing fiscal rules.

Miongozo ya Utawala Bora katika Wazalishaji wa Kujitokeza wa Mafuta na Gesi 2016 [Guidelines for Good Governance in Emerging Oil and Gas Producers, 2016 - Swahili version] Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Oil & Gas
  • Source:  Chatham House

2016 Mwongozo, uliotayarishwa chini ya Uangalizi wa Kikundi cha Majadiliano cha Wazalishaji Wapya wa Mafuta, urekebishaji wa changamoto za kawaida zinazokabili Mataifa zalishaji yanayoibuka yaliyo katika awamu ya utafutaji, uvumbuzi wa hivi majuzi na uzalishaji wa mapema. Yafuatayo ni mapendekezo pana ya ule Mwongozo ya kubabiliana na changamoto hizi.

Zingatia malengo Mwongozo huu umeundwa kutokana na malengo yaliyoorodheshwa hapa chini. Serikali lazima ziwe na mtazamo wazi wa umuhimu wa kila lengo. Lengo la 1 ambalo linahusu ono la taifa linafaa kuimarisha yale malengo mengine. Malengo muhimu ya sekta ya petroli:

Lengo la 1: Fafanua maono ya kimkakati ya sekta

Lengo la 2: Vutia wawekezaji waliohitimu zaidi kwa muda mrefu

Lengo la 3: Fikia upeo wa juu zaidi wa faida za kiuchumi kwa taifa kupitia kutoa leseni

Lengo la 4: Kupata na kudumisha imani ya umma na kusimamia matarajio ya umma

Lengo la 5: Zidisha maudhui ya kienyeji na faida kwa uchumi mpana zaidi

Lengo la 6: Jenga mashirika ya kitaifa yaliyo na uwezo ya kushiriki na kusimamia ukuzaji wa rasilimali

Lengo la 7: Zidisha uwajibikaji

Lengo la 8: Linda mazingira Kwa kila lengo, Mwongozo huu unajadili changamoto maalum zinazohusiana na mazingira ya kitaifa ambayo wazalishaji wengi wanaoibuka wanakumbana nazo. Kote katika waraka huu wazalishaji wanaoshiriki katika mradi huu wanatoa ‘mafunzo waliyojifunza’.

NRGI Reader | Contract Transparency: Creating Conditions To Improve Contract Quality Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

NRGI Reader | Granting Rights to Natural Resources: Determining Who Takes Natural Resources Out of the Ground Go to resource

This reader comes from a series of 20 short, illustrated overviews of key topics in the extractives sector. Together they serve as a robust introduction for the lay reader to fundamental issues and concepts in oil, gas and mining sector governance. They contain helpful figures and infographics, and each reader has a standard format: key messages, concepts, case examples, and a final set of practitioner-orientated questions to ask.

OECD Policy Framework for Investment Go to resource

The OECD Policy Framework for Investment (PFI) provides a comprehensive and systematic approach for improving investment. It covers 10 policy areas and addresses some 82 questions to governments to help them design and implement policy reform to create a truly attractive, robust and competitive environment for domestic and foreign investment.

The PFI emphasizes the fundamental principles of rule of law, transparency, non-discrimination and the protection of property rights but leaves for the country concerned the choice of policies, based on its economic circumstances and institutional capabilities. One size does not fit all.

It is available in English, French, Chinese, Spanish, and Polish

OECD Policy Framework for Investment in Agriculture Go to resource

  • Date:  2013
  • Sector:  Investment, Land & Agriculture
  • Source:  OECD

A flexible tool which helps governments evaluate their investment policies in the ten areas essential to creating an attractive environment for investors and in enhancing the development benefits of agricultural investment.

OECD Policy Framework for Investment: A Review of Good Practices Go to resource

  • Date:  2006
  • Sector:  Infrastructure, Investment
  • Source:  OECD

This Review of Good Practices in OECD and non-OECD economies is published as a companion volume to the OECD Policy Framework for Investment (PFI) and provides analytical background material on each of the ten chapters of the PFI. These include investment policy, investment promotion and facilitation, trade policy, competition policy, tax policy, corporate governance, policies for promoting responsible business conduct, human resource development policy, infrastructure and financial sector development, and public governance.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

UNCTAD - Investment Facilitation: An Action Menu Go to resource

  • Date:  2016
  • Sector:  Extractive Industries, Infrastructure, Investment, Investment Treaties, Land & Agriculture, Mining, Oil & Gas
  • Source:  UNCTAD- Investment Hub Policy

The Action Menu proposes 10 action lines with a series of options for investment policymakers to adapt and adopt for national and international policy needs: the package includes actions that countries can choose to implement unilaterally, and options that can guide international collaboration or that can be incorporated in international investment agreements. The Action Menu should be read in the broader context of UNCTAD's Investment Policy Framework for Sustainable Development.

The proposed Action Menu is preliminary research, comments and ideas are invaluable to the further development of the Action Menu.