Tools & Resources

Tools and resources to assist government officials, parliamentarians and policy makers in the planning, preparation for, negotiation, monitoring, and implementation of large-scale investments

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.

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.  

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.

IGF's Guidance for Governments: Improving Legal Frameworks for Environmental and Social Impact Assessments and Management Go to resource

IGF's, Guidance for Governments: Improving Legal Frameworks for Environmental and Social Impact Assessments and Management, assesses the global governing regime of environmental and social impacts and benefits for the mining sector. 

The guide summarizes international best pracitces in legal frameworks for ESIAs and managment plans for large-scale mines; and provides examples, strategies and tools to assist in evaluating and improving legal frameworks and resource governance.

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 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.

IISD Handbook on Mining Contract Negotiations for Developing Countries Go to resource

  • Date:  2015
  • Sector:  Extractive Industries Mining Oil & Gas
  • Source:  IISD

Many governments lack the experience or human resources to prepare effectively for a negotiation, and are unable to make the investments needed to overcome these difficulties. Yet without preparing properly, there is little hope of achieving the desired national and community objectives. This guide provides a comprehensive approach that allows governments to set priorities and address critical issues in the preparation process.  It will assist governments in developing internal capacity and understanding where outside experts can best help. The guide addresses the process before negotiations begin, where the hard work gets done to lay the groundwork for a successful negotiation.

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.

Implementing EITI for Impact: A Handbook for Policymakers and Stakeholders Go to resource

  • Sector:  Extractive Industries
  • Source:  World Bank

This particular guide is aimed at policymakers, industry, and civil society members who wish to implement the EITI standard. It details what types of regulations must be implemented to become a candidate for the EITI and to comply and remain EITI-compliant.

Available in English, French, and Spanish.

Indigenous Peoples and the Oil and Gas Industry: Context, Issues and Emerging Good Practice Go to resource

  • Date:  2012
  • Sector:  Extractive Industries Oil & Gas
  • Source:  IPIECA

The document contains an overview of Indigenous Peoples and the policy and regulatory context relevant to the sector’s interaction with them, as well as a summary of some of the specific issues for oil and gas companies to consider when operating in areas with Indigenous Peoples (set around the three themes of consultation and engagement, key issues to manage, and benefits sharing). The document concludes with a summary of emerging good practice.

Integrating Sustainable Development into International Investment Agreements: A Guide for the Developing Countries Go to resource

This guide is designed to assist developing countries to negotiate IIAs that do a better job of promoting their sustainable development. It explains how IIAs can increase foreign investment flows into developing countries and addresses how these agreements can support the efforts of host developing countries to regulate foreign investment inflows in order to ensure that they contribute to sustainable development. The guide achieves these goals by:

1. Identifying emerging best practices in existing agreements;
2. Suggesting new and innovative provisions;
3. Acting as a resource for developing country negotiators; and
4. Outlining how states can achieve coherence among their IIAs.

International Energy Agency (IEA) Energy Atlas Go to resource

Interactive world map features for eight different energy sources and measures: CO2 Emission from Fuel Combustion, Coal, Electricity, Energy Ballance, Energy Indicators, Natural Gas, Oil, and Renewables. 

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 Contracts and Sustainable Development: How to Make Contracts for fairer and More Sustainable Natural Resource Investments Go to resource

  • Date:  2010
  • Sector:  Extractive Industries Land & Agriculture
  • Source:  IIED

This guide discusses options to structure investment contracts in the natural resource sector in ways that maximize the investment’s contribution to sustainable development.

The guide draws on test trainings in Ghana and Central Asia and aims to provide up-to-date and comprehensive learning material for both host governments and civil society. It can be used as a background document for training sessions, but it may also be used by readers accessing the material on their own.

Investment Contracts for Agriculture: Maximising Gains and Minimising Risks Go to resource

This joint IISD, World Bank and UNCTAD discussion paper marries two substantial bodies of research to show how investment contracts can be set up to promote sustainable development. It presents the top five positive outcomes and the five downsides from private sector investments in large-scale agricultural projects. The paper also proposes legal options to maximizing the main positive outcomes and minimizing the main downsides through better drafting of contracts between investors and governments for the lease of farmland.

Investment Contracts for Farmland and Water: Ten steps Go to resource

  • Date:  2013
  • Sector:  Land & Agriculture
  • Source:  IISD

This policy document is a tool for parliamentarians, government officials, landholders and local communities who are involved in negotiating investment contracts with foreign investors for agricultural land and water including preparing the negotiating environment and conducting feasibility studies and impact assessments.

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.

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. 

IPIECA Community Grievance Mechanisms in the Oil and Gas Industry Go to resource

  • Date:  2015
  • Sector:  Oil & Gas
  • Source:  IPIECA

This manual provides practical step-by-step guidance on how to plan and implement operational-level community grievance mechanisms (CGMs) and how to design and to manage corporate CGM frameworks. It draws on the practical experiences of seven pilot projects conducted by IPIECA member companies as well as the shared learning from other IPIECA members and stakeholders. Presented in three main sections and subdivided into ‘modules’, the manual can be read in full or in parts of specific interest to users. Step-by-step overviews are provided throughout, together with practical advice for those implementing or managing CGMs. Also included is an Annex with a broad range of practical CGM tools.

IPIECA Community Grievance Mechanisms Toolbox Go to resource

  • Date:  2014
  • Sector:  Oil & Gas
  • Source:  IPIECA

This toolbox enables oil and gas companies to create, implement and raise awareness of Community Grievance Mechanisms (CGMs).

Engaging with affected communities and responding to concerns is essential to operating successfully whilst ensuring respect for human rights. Processes that allow concerns to be raised and remedied—also known CGMs—are an important method of achieving this aim.

The IPIECA CGM toolbox is based on the operational experiences of IPIECA member companies. More broadly, this toolbox encourages the implementation of the Access to Remedy pillar outlined in the United Nations Guiding Principles on Business and Human Rights.

IPIECA Human Rights Due Diligence Process: A Practical Guide to Implementation for Oil and Gas Companies Go to resource

  • Date:  2012
  • Sector:  Extractive Industries Oil & Gas
  • Source:  IPIECA

The purpose of this guide is to assist oil and gas companies in implementing a due diligence process for human rights. This can be an essential part of a company’s overall risk management strategy, especially in countries where human rights issues may be more prevalent.

The Guide aims to:

●  clarify what constitutes a due diligence process for human rights;

●  clarify the business case for a human rights due diligence process;

●  support the development and/or continuous improvement of due diligence processes for human rights; and

●  promote consistent approaches to the management of potential human rights issues and impacts. 

IPIECA Human Rights Training Tool Go to resource

  • Date:  2014
  • Sector:  Extractive Industries Oil & Gas
  • Source:  IPIECA

The Human Rights Training Tool (3rd edition) enables oil and gas companies to develop a better understanding of the corporate responsibility to respect human rights and key human rights issues relevant for the industry. It reinforces company expectations and requirements related to human rights and introduces resources to help manage potential human rights issues.

It also includes a dedicated module on labour issues, covering freedom of association and collective bargaining, child labour, forced labour, human trafficking, and elimination of discrimination in respect of employment and occupation. Additionally, it covers key considerations when engaging with suppliers on human rights and labour commitments.

IPIECA Operational Level Grievance Mechanisms: Good Practice Survey Go to resource

  • Date:  2012
  • Sector:  Oil & Gas
  • Source:  IPIECA

This publication draws together key insights on designing and implementing community grievance mechanisms. The survey will inform a series of pilot projects sponsored by member companies to test different approaches to implementation on the ground.

This document surveys the existing body of third- party guidance on operational level grievance mechanisms. It focuses on aspects of the literature of most relevance to the oil and gas industry, including the criteria for effective grievance handling, basic procedural steps, elements of good practice and integration with existing management systems.

Oil and gas activities give rise to varied social and environmental impacts. Companies have extensive systems in place to enhance the positive impacts of their activities and minimize the negative ones. They also seek to build strong relationships with affected communities in order to facilitate their input into decisions about how impacts are identified, avoided or managed. These practices are designed to work together to anticipate and resolve potential issues before they arise. Yet, even when an operation is managed to the highest standards, concerns about its performance can still be expected from time to time. 

IPIECA: Integrating Human Rights into Environmental, Social and Health Impact Assessments Go to resource

  • Date:  2013
  • Sector:  Extractive Industries Oil & Gas
  • Source:  IPIECA

A Guide offering practical advice on how human rights can be integrated into environmental, social and health impact assessments (ESHIAs) for oil and gas sector projects has been launched.

The Guide is the outcome of a collaborative effort by impact assessment experts from global oil and gas companies brought together by IPIECA and human rights practitioners from the Danish Institute for Human Rights. Working together, they have attempted to bridge the gaps in terminology, processes and approaches between the ESHIA and human rights impact assessment communities.

In addition to providing a brief introduction to human rights, the Guide explains why it is important for the sector to consider the potential human rights impacts of its projects and activities. It has three overarching objectives:

Foster the inclusion and, wherever appropriate, the integration of human rights into ESHIAs conducted for projects undertaken by the oil and gas industry;
Provide human rights insights on the key process steps in international standard ESHIAs, and
Provide a new practical reference point in an evolving field of assessing human rights impacts.

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.

Knowledge-Exchange Platform for Responsible Agro-Investment (RAI) Go to resource

A knowledge platform and toolkit for addressing questions of international investment in developing country agriculture.

Kroll / CCSI Due Diligence Manual Go to resource

The Columbia Center on Sustainable Investment (CCSI) and Kroll, a leading global provider of risk solutions that regularly performs Reputational and Integrity Due Diligence (RIDD) on investors, developed a guide to help governments engage with investors. It provides general advice for governments wishing to assess the commercial and peutational impact of a proposed investment, to evaluate any potential risks, and to get comfortable with investors as credible nad reliable partners.

The guide focuses on:

(1) how to decide when to conduct RIDD

(2) how to conduct basic checks, and

(3) when and how to engage with third parties to conduct a RIDD.

 

Land Matrix Global Observatory Go to resource

The Land Matrix is a global and independent land monitoring initiative. Its goal is to facilitate an open development community of citizens, researchers, policy-makers, and technology specialists to promote transparency and accountability in decisions over land and investment.

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.

Limiting the Impact of Excessive Interest Deductions on Mining Revenue Go to resource

  • Date:  2018
  • Sector:  Extractive Industries Mining
  • Source:  IGF, OECD

Tax systems that provide income tax deductions for interest without making any similar provision for equity create an incentive for the use of debt. While this is true of all industries, this note examines the particular base erosion risks from the use of debt by mining MNEs.

This note responds to a concern of many developing countries that MNEs use debt “excessively” in mineral-producing countries (called “host countries” in this note for brevity) as a mechanism to shift profits abroad. This note is for policy-makers and tax authorities in capacity-constrained developing countries where mining is occurring. Its aim is to assist countries with very limited resources to combat tax BEPS. It prioritises simplicity and ease of administration as policy objectives. 

This issue was one of the focus areas of the BEPS process. It was also identified as being of high priority for developing countries at an informal workshop on DRM from mining, hosted by the OECD in October 2016.

 

Linkages to the resource sector: The role of companies, government and the international development corporation Go to resource

With support from GIZ, CCSI prepared a report that outlines options for how governments, companies and development partners can increase the economic linkages to the extractive industries sector not only in terms of 'breadth" (number of linkages) but also in terms of 'depth' (local value added). The report outlines the theoretical framework for linkage creation, with an overview of existing literature on this topic, and also highlights successful case study examples. 

GIZ has commissioned CCSI to prepare a training course based on this report that can be taught in one or two days. The course materials encompasses pre-training exercises, presentations, interactive learning activities, a handbook for trainers and a manual for trainees. The material is prepared with flexible training modules, which allows for the course to be adapted to local demands. 

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.

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.

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. 

 

Mineral Resource Tenders and Mining Infrastructure Projects: Guiding Principles Go to resource

  • Date:  2011
  • Sector:  Extractive Industries Mining
  • Source:  World Bank

A guide on how to tender mineral assets and mining-related infrastructure. It offers advice on how to choose the appropriate tendering process, a review of recent trends in the tendering of mineral resources and a discussion of the structure of the tender and of the PPP process.

The guide also contains a detailed case study of Afghanistan’s Aynak copper deposit to illustrate the application of an international competitive bidding procedure in the tendering of mineral resources in a developing country.

Mineral Royalties and other Mining-Specific Taxes Go to resource

  • Date:  2011
  • Sector:  Extractive Industries Mining
  • Source:  IM4DC

Using operations in Australia as an example, this guide provides a comparison between different fiscal regimes and offers advice on how to design the most beneficial taxing regime for host countries.

Minerals Taxation Regimes Go to resource

The report analyzes the strengths and weaknesses of different structures of minerals taxation regimes and concludes with a number of observations on the design and application of minerals taxation regimes.

One clear message emerging from the report is that there is significant room for agreement between companies and governments – provided that both adopt a long-term perspective. In particular, both parties have an interest in taxation regimes that are widely perceived to be legitimate.

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