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Can you Prepare for Nationalization? 10 Things That YOU Can Do NOW!

Abstract

The following practical advice, based on Bolivian experience, could help you to establish a set of preventive/mitigating actions that you, as in-house legal advisor, should implement in order to lessen the impact of a nationalization on your ability to effectively render legal advice to your company or enhance your company’s negotiation options / value of its investments.

Author

Portrait image of Gastón Bilder
Gastón Bilder
Legal Counsel, Total SA, France

The paper has been sent on a personal basis (otherwise I would have to clear it with the organization). Some of my most recent articles: Bolivia's Proposed Changes to its Constitution and Their Effect on the Enforceability of Foreign Awards International Oil, Gas & Energy Dispute Management OGEL 3 (2008) BOLIVIA: "Transitorily" Hikes Hydrocarbons Royalties to 82% Taxation OGEL 4 (2006) BOLIVIA: The Law of LNG Liquefied Natural Gas OGEL 1 (2006) BOLIVIA: A bastard Hydrocarbons Law has been born Roundup of Articles OGEL 2 (2005) Bolivia's Lower House Approves "Renewed" Hydrocarbons Bill Roundup of Articles OGEL 2 (2005) Why Should Mercosur Associate to the Energy Charter Treaty? The Energy Charter Treaty OGEL 5 (2004) Bolivia Revokes Supreme Decree that Approved the Model Shared Risk Contracts Roundup of Articles OGEL 2 (2004) Bolivia prohibits Gas Exports to New Markets crashing LNG Project National and International Issues in Natural Gas Development OGEL 1 (2004) Ethics: Implementing an Effective Comprehensive Program in Bolivia Corruption OGEL 5 (2003)

Company

Total SA

I work for a global energy company,. one of the major 5

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