| 1. |
- Britcyna, Ekaterina, et al.
(författare)
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Extractive Industries and public participation in russia : The case of the oil industry in Izhemskii District, Komi Republic
- 2018
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Ingår i: The Yearbook of Polar Law. - : Brill Nijhoff. - 1876-8814 .- 2211-6427. ; 9:1, s. 131-163
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Tidskriftsartikel (refereegranskat)abstract
- This article focuses on the participatory rights of local people living in the areas of extensive oil industry operations in the Izhemskii district of the Komi Republic in Russia. The district has long been suffering from oil leaks and resulting negative environmental impacts. Lukoil-Komi bought the business directly after the Soviet era and inherited the ecological threats related to old and rusty pipelines. Lukoil-Komi has promised to put things in order, but a great deal remains to be done.This article scrutinizes how statutory law and private governance interact in protecting the participatory rights of local people living in the vicinity of oil production in Komi. First, we evaluate what participatory rights Russian legislation guarantees to local people when oil production arrives in a new area or when new wells are being explored or opened. Second, we elaborate how the major oil company in the region – Lukoil-Komi – fulfills its corporate social responsibility (CSR) in the area of participatory rights and how local people feel about their possibility to exercise their participatory rights. As participatory rights, we discuss both procedural justice with public hearings and distributive justice in the form of benefit-sharing between the company and local community. The wider perspective on participation is due to Russian CSR practices. In Russia, companies tend to earn their Social License to Operate (SLO) through benefit-sharing, often within private governance. This practice is based on the social partnership agreements between authorities and companies. These contracts have path-dependent features resembling earlier Soviet solutions. The same can be claimed to apply to a wider SLO with more focus on local communities. We argue that Lukoil-Komi has not yet been able to achieve an SLO (local acceptance) due to the lack of participatory rights and continuing environmental problems. Most local people are not willing to trade a clean environment and participatory rights for the social benefits the company offers. However, the social partnership agreement concluded between Lukoil-Komi and a local NGO, Izvatas, could be a step forward in achieving a local SLO.
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| 2. |
- Ek, Kristina, et al.
(författare)
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Challenges in Swedish hydropower : politics, economics and rights
- 2017
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Ingår i: Research Ideas and Outcomes. - : Pensoft Publishers. - 2367-7163. ; 3
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Tidskriftsartikel (refereegranskat)abstract
- Two systems working in parallel have contributed to implementation difficulties in Swedish water governance. While the old system is designed to be predictable and stable over time, the new system is intended to be transparent and holistic, guided by the principles of Integrated Water Resource Management. The paper disentangles the challenges in Swedish water governance and proposes a blueprint for future research. The proposed research project is unique in the sense that it explores the imbalances between the new and the old water governance systems from a multi-disciplinary perspective, elaborating upon the clashes between the traditional, nationally based regulatory system and the new holistic water governance system from legal, political and economic perspectives.
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| 3. |
- Ervo, Laura, et al.
(författare)
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Scandinavian countries
- 2011
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Ingår i: Application of foreign law. - : Sellier European Law Publishers. - 9783866531550 - 9783866539129 ; , s. 327-344
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Bokkapitel (refereegranskat)
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| 4. |
- Forsbacka, Kristina
(författare)
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Climate Finance and the Point of Green Bonds
- 2021
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The emergence of green bonds in 2008 has been perceived as an important means to move towards green and sustainable investments, and the green and sustainable bond markets have also grown exponentially. The purpose of my thesis is to analyse the green bond instrument and the role that it plays at climate finance. Notably, the role of the green bond and climate finance has changed over time. The Paris Agreement from 2015 was the first climate agreement to address the finance sector, and the sustainable finance markets are now moving forward at a swift pace, with new and innovative products developing and rewarding green and sustainable investments. The essence of the research is threefold. Firstly, an analysis based on an empirical study and analysis of the terms and conditions of the contracts between issuers and investors regulating green bonds on the Nordic market. Secondly, an analysis of the new innovative bond instruments – transition bonds and sustainability-linked bonds – following the green bond that have emerged starting in 2019. Thirdly, the green bond instrument is analysed in its historical context, describing the role of carbon pricing and comparing the green bond instrument to experience from early project-based climate finance, the Clean Development Mechanism (CDM). To conclude, an analysis is provided of the green bond instrument and the role that it plays at the transformation to a climate-resilient and sustainable society. The perspective in the analysis and the discussion is normative and forward looking (“de lege ferenda”), based on experience – “lessons learned” – from the development of early climate finance and the development that the green and sustainable bond market has undergone. The ultimate purpose is to analyse the role the of the green bond at climate finance. My analysis addresses the interplay between coercive and voluntary regulation of the green bond instrument. The theory and findings of the thesis are that flexibility should be provided to market participants to allow for the development of new innovative instruments, based on the tools and infrastructure developed at climate finance and green and sustainable bonds. Legal regulation should focus on information and disclosure of climate-related and sustainability risks, and providing clarification and codification of definitions and standards for this purpose. The tools and infrastructure created for green bonds, and further developed for other emerging innovative bonds, could be used to provide transparency at sustainability at all finance. As climate-related and sustainability risks are disclosed and addressed properly is provided and fiduciary duties are developed, the financial market can move from rewarding “green”, to penalising “brown” investments. When “green” is the new normal there will be no need for a specific green bond instrument. The point of green bonds is being part of this journey – not the solution.
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| 5. |
- Henry, Laura A., et al.
(författare)
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Corporate Social Responsibility and the Oil Industry in the Russian Arctic : Global Norms and Neo-Paternalism
- 2016
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Ingår i: Europe-Asia Studies. - : Informa UK Limited. - 0966-8136 .- 1465-3427. ; 68:8, s. 1340-1368
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Tidskriftsartikel (refereegranskat)abstract
- Examining the oil and gas industry in the Russian Arctic, this article investigates the gap between corporate social responsibility (CSR) as articulated in corporate offices and implemented at the local level. In Russia, global CSR norms interact with weak formal institutions and the strong informal expectations of state officials and local communities that companies bear responsibility for welfare and infrastructure. As a result, the concept of citizens as ‘stakeholders’ is underdeveloped. Instead, local residents remain subjects within a neo-paternalist system of governance that mimics some elements of the Soviet past. Compensation for damages to indigenous peoples has blurred legal obligations and the voluntary nature of CSR. However, the CSR in the region is constantly developing and formal methods of compensation may assist in clarifying the scope and practice of CSR
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| 6. |
- Kujala, Jaakko, et al.
(författare)
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Flexible Contracting in Project Business
- 2015
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Ingår i: International Journal of Managing Projects in Business/Emerald. - 1753-8378 .- 1753-8386. ; 8:1, s. 92-106
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Tidskriftsartikel (refereegranskat)abstract
- PurposeThe objective of this paper is to increase our understanding of the main challenges of the contracting process and project contracts in the context of project business characterized by a high level of complexity and uncertainty. We argue that understanding contracting as a flexible process and as a business tool will contribute to creating more value in projects which are implemented in constantly changing circumstances or which require gradual and iterative development.Design/methodology/approachThis is a conceptual paper with illustrative examples from the software industry.FindingsA prevailing approach for both managing contracts and the contracting process focuses on careful planning and drafting of contracts that protect each party in the case of conflicts and disagreements. The underlying assumption is that all activities can be planned and documented in a formal contract. According to this approach, the contracting process is seen only as a bargaining negotiation and the project contract as a detailed agreement of the responsibilities and safeguarding clauses to protect one’s position in the event of conflicts and failures. However, in the context of project business characterized by complexity and uncertainty, there is a need for flexible project contracts. We suggest that there are two fundamentally different approaches to implementing flexibility in both the contracting process and the project contract: postponing the decision until there is adequate information for decision making or making decisions that allow flexible adaptation to changes during the project lifecycle.Practical implicationsWe suggest that organizations in project business should pay closer attention to how contracts are formed and how flexibility is introduced to projects. Organizations are encouraged to see contracts as a business tool, not as rigid documents which are taken into use in case something goes wrong.Originality/valueThis paper contributes to our understanding of how to adapt the contracting process to overcome challenges related to uncertainty, especially during the early phases of the project lifecycle. We provide a novel perspective on contracting as a process that extends over the lifecycle of a project and on the project contract as an agreement between parties formed during the contracting process. This perspective includes formal contract documents as well as various other documents, oral communication, commitments, actions and incidents.
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| 7. |
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| 8. |
- Nuottila, Jouko, et al.
(författare)
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Proactive contracting: Emerging changes in attitudes toward project contracts and lawyers’ contribution
- 2016
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Ingår i: Journal of Strategic Contracting and Negotiation. - : SAGE Publications. - 2055-5636 .- 2055-5644. ; 2:1-2, s. 150-165
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Tidskriftsartikel (refereegranskat)abstract
- Proactive contracting is a practice-oriented research stream, and scholars focused on proactive contracting have suggested fundamental changes for corporate contracting. Researchers have proposed that companies should improve their contracting capabilities and corporate lawyers should serve business objectives instead of preparing for possible litigation. The research reported in this paper focuses on two key areas of proactive contracting: the purpose of the project contracts; and the role of lawyers contributing to project contracts. The research goal was to find out whether business managers and corporate lawyers recognize a need for evolution in project contracting as suggested by the proactive contracting literature. The research data were collected using a survey of commercial contracting professionals, and the research results indicate that managers and lawyers share the same view – that contracts are made for business objectives and benefits. However, it was found that the perspectives of managers and lawyers differ with regard to the role of lawyers in preventing and resolving disputes.
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| 9. |
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| 10. |
- Nysten-Haarala, Soili
(författare)
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Aktivitet: Retfaerd
- 2013
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Annan publikation (populärvet., debatt m.m.)abstract
- Nordisk juridisk tidskrift
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