Briefings in English - 2010

Third energy account: the 2011-13 incentives for photovoltaic power generation

The third energy account confirms incentives for the installation of photovoltaic power plants in Italy and modifies the deadline for admission to the second energy account. In addition to simplified authorisation procedures for installation and reconstruction of the plants, it offers 20-year feed-in tariffs that are linked to the production of electricity and may, therefore, be added to the proceeds from (i) the sale of electricity on the free market, (ii) reverse metering (scambio sul posto) or (iii) power off-takes (ritiro dedicato) by Gestore dei Servizi Energetici. The incentive scheme applies to plants that will become operational within 14 months of the 3,000MW capacity being installed and decreases over time and in accordance with the increased capacity of the plant. (August 2010)

Sanctions investigations by the World Bank and other multilateral development banks

Multilateral development bank investigations now threaten harsher sanctions and higher costs. Debarments are on the rise and, under a new agreement, several banks have agreed to cross-debar firms debarred by another bank. This briefing outlines the issues and explains how contractors should plan ahead for investigations and protect themselves with up-to-date compliance programs. (July 2010)

Africa’s promise: opportunities and risks in the extractives industry

A report on the commercial opportunities and risks that Africa presents, most pertinently to the extractives industry. (June 2010)

Bilateral investment treaties: managing the risk of government intervention

BITs are powerful tools for managing and mitigating political risk in challenging legal environments and should be at the heart of any investment strategy. This paper tells you more. (June 2010)

Bribery and corruption: identifying and mitigating risks

The increasingly intense scrutiny of authorities in both home and host states is requiring corporations to put ethical business practice to the forefront of their CSR and legal compliance frameworks. This paper tells you more. (June 2010)

Labour relations and rights: risking lawsuits, boycotts and blacklisting

Growing pressure from consumers and other stakeholders for responsible behaviour by corporates on labour rights and conditions suggests that companies should prepare for far greater scrutiny on ethical performance. (June 2010)

Production sharing: the effective development of oil and gas reserves

Any production sharing agreement must strike the right balance between maximising the financial return to the host country and providing an incentive and a stable framework for investment by the foreign investor. This paper tells you more. (June 2010)

Security and regulation: identifying and mitigating risks

Businesses must ensure that employees, especially those in the field, are provided with statements of policy and detailed guidelines that help them to conduct business in a safe, respectful and effective manner. (June 2010)

 Transfer pricing: risking double taxation on the same profits

Cross-jurisdiction taxation is inconsistent and there is great scope for controversy and potentially penalties and double taxation of the same profits. This paper tells you more. (June 2010)

Decarbonising the shipping sector: extension of the EU emissions trading scheme

It is estimated that approximately 75 per cent of the world’s trade is carried by ships and that shipping emissions will rise by up to 250 per cent by 2050. We summarise the issues, possible solutions and likely next steps. (March 2010)

Renewable energies in China – legal update

As China’s policymakers seek to boost the country’s renewable energy sector, a series of policies and regulations has been announced, including the revision of the Renewable Energy Law and the removal of a policy requiring 70 per cent of the equipment for any Chinese wind farm project to be domestically produced. This briefing reviews the latest changes to the legal framework of China’s renewable energy sector and explores how they may affect the industry. (March 2010)

Nuclear new build in the Middle East and North Africa: key steps and challenges

This guide explains the key steps and challenges facing any MENA state embarking on developing nuclear power. (March 2010)

Lane change into the new normal economy

Industrial operators and developers, infrastructure funds, strategic investors, advisers and pension funds were among the delegates at the fourth annual Infrastructure Investors Forum Europe on 2 February. In a fascinating session they focused on and discussed new approaches and strategies for the next generation of infrastructure investing in Europe. This publication discusses the key themes. (February 2010)

The renewables market in MENA – opportunities and challenges

Policy makers and power investors are increasingly focusing on the possibilities of renewable energy in the Middle East and North Africa (MENA) region, drawn by an abundance of solar energy, growing demand for electricity, declining fossil fuel reserves in many states and the desire of other states to diversify their energy mix on a sustainable basis. A number of high-profile projects have been launched. However, beneath the publicity, the reality is more nuanced. For renewable energy really to take off in the region, a number of technological and commercial challenges must be overcome and significant policy changes made. This guide briefly reviews the demand for renewable energy and the resources available, before examining some of the challenges that have to be faced to meet that demand. It then suggests what governments in the region could do to encourage greater private sector investment in renewable energy projects. The attached country briefings provide an analysis of relevant legal developments and recent projects in key parts of the region. (February 2010)

Post-Copenhagen: four unavoidable truths

The outcome of the recent United Nations Climate Change Conference in Copenhagen has been regarded by many as a huge disappointment. In terms of achieving a binding and unambiguous global solution, Copenhagen seems to have been something of a missed opportunity. However, this should not overshadow the fact that industry all over the world is going to have to brace itself against a storm of regional and sectoral regulatory activity directed at combating climate change. This review explores what precisely is looming on the horizon. (January 2010)

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