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12 - Project finance arrangements for the Baku???Tbilisi???Ceyhan project

human rights and sustainable development implications

Published online by Cambridge University Press:  07 September 2011

Sheldon Leader
Affiliation:
University of Essex
David Ong
Affiliation:
University of Essex
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Summary

Introduction

The basic research questions addressed in this case study are as follows: what are the links between project-financed foreign direct investment, and sustainable development and human rights issues? To what extent does the use of project finance (PF) accentuate the positive and negative impacts of foreign direct investment on sustainable development and human rights and how?

Two main sets of issues were analysed in relation to these research questions. A first set of issues refers to contractual arrangements that are an essential part of PF, and their possible effects on foreign investment in the host country and on sustainable development and human rights issues. Because the revenue flows of the projects are the main/only source for loan payments under PF, predictability of the project revenue is crucial to lenders. This creates incentives for project sponsors to enter into contractual arrangements to provide a framework for project viability and allocate risk between parties. The hypothesis of this chapter is that these contracts, as part of risk allocation between partners, may include financial and other arrangements that interfere with the achievement of sustainable development goals in the host country.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Hoffman, S. L.The Law and Business of International Project Finance: A Resource for Governments, Sponsors, Lenders, Lawyers and Project ParticipantsThe HagueKluwer Law International 2001 7Google Scholar
Gidney, M.Chavarot, A.Financing the James Bond PipelineProject Finance International 285 2004 47Google Scholar
Socor, V.Baku–Tbilisi–Ceyhan Oil Pipeline InaugurationEurasia Daily Monitor 2 2005Google Scholar
Watkins, J.‘BTC – Reaching First Drawdown’Project Finance International 298 2004 48Google Scholar

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