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7 J. World Energy L. & Bus. 1 (2014)

handle is hein.journals/jlowdeylw7 and id is 1 raw text is: 

Journal of World Energy Low and Business, 2014, Vol. 7, No. 1


         Introduction to the special issue on fiscal

         transparency

         John   Gault*


Recent  events have brought fiscal transparency to broad public attention:

   * Announcements by the USA,1 UK and France2 of plans to commence compliance
     with the Extractive Industries Transparency  Initiative (EITI);
   * Proposals3  by the US  Securities and Exchange  Commission (SEC) to implement
     Title XV  of the Dodd-Frank   Act, proposals  which were  later remanded  by  a US
     District Court;4 and
   * Publication of the EU  Directive on Accounting  and  Transparency.5

   Negotiators of energy industry contracts, for whom  this Journal is published, need to
be aware of how  compliance  with new  transparency rules will affect our industry, and in
particular how compliance  may  impact relationships between international investors and
host governments.
   Non-governmental   organizations (NGOs)   have been  focusing on the subject of fiscal
transparency  for some time. Transparency  International and  Global Witness  were both
founded  in 1993. Global Witness,  in 1999 and  2002, published investigative reports on
alleged corruption and  mismanagement of oil   revenue  in Angola, bringing fiscal trans-
parency  issues to  an  even wider   audience.6 Many   NGOs, including Transparency
International UK,  Global Witness  and Open   Society Institute, collaborated on the for-
mation  of the network  Publish What  You  Pay (PWYP)   in 2002.
   Simultaneously, in the 1990s and early 2000s, a considerable body of academic  litera-
ture on the subject of the 'resource curse' identified corruption and the siphoning off of
resource revenue  to the private wealth of elites as serious obstacles to economic devel-
opment.  At  the same  time, corporations  came  under pressure  from  shareholders and
other  stakeholders to  devote  increased attention  to corporate  social responsibility.
Stakeholders demanded,   among   other things, greater insight into companies' relations
with host  governments,  particularly in countries where  human   rights appeared to be
violated.

   Geneva's Graduate Institute, Email: johngault@bluewin.ch.
1  September 2011.
2  May 2013.
3  August 2012.
4  July 2013.
s  June 2013.
6  Global Witness, 'A Crude Awakening: The Role of the Oil and Banking Industries in Angola's Civil War and the
   Plunder of State Assets' (1999) <http://www.globalwitness.org/sites/default/files/pdfs/A%20Crude%2OAwakening.pdf>
   accessed 20 Januray 2014, and 'A Crude Awakening' (1999), 'All the President's Men' (2002) <http://www.globalwitness.
   org/library/all-presidents-men> accessed 20 January 2014.


© The Author 2014. Published by Oxford University Press on behalf of the AIPN. All rights reserved.
doi:10.1093/jwelb/jwt032


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