It was observed that the right of the host Government to purchase the concession from the concessionaire presented another possibility for dealing in a flexible manner with the duration of the concession.

B. Establishment of the concessionaire 24 37 8

Acknowledging the recent completion of the Forest Concession Review and welcoming the report of the Forest Concession Review Committee,

3. Concession and related terms

1. The Government is authorized to make available to the concessionaire the land, buildings or other property required for the execution of the project for the duration of the concession period.

A similar restriction should exist as regards the right of the host Government to approve the granting of a subconcession by the concessionaire (para. 37).

Some laws expressly recognize that interest by allowing the project company to create a security interest over the concession, the rights arising from the concession or the property involved, with the consent of the host Government.

In particular, they allow for the removal of concessions when exports increase, exempt sensitive items and reduce the effective scope of preferences while still extracting concessions unrelated to trade.14

In Brazil, the television channels are public concessions.

1. The concessionaire as a consortium 24 28 8

Conditions for the award of licences and concessions (legislative recommendation 8 and para. 50)

Here, too, it might be desirable to limit the withdrawal of the concession during its operation to particularly serious circumstances.

He has moreover argued that fishing with a licence constitutes a privilege, whereas he claims to fish as of right.

Another related term is the word concessionaire , which often is used to refer to the private entity which is awarded the concession by the host Government.

Some laws specifically authorize the establishment of mortgages or other security interests in the project s property, provided that such property continues to be used for the purposes of the concession.

2. The concessionaire as an independent legal entity 29 37 10

Franchisees often do not register their contracts with the franchisors and are unaware of their rights and obligations.

Some laws, however, strictly prohibit the establishment of any encumbrance on the concession or the rights related to it, or provide that the concession agreement may contain such a prohibition.

Your company would like to acquire the oil rights in Akmata on a royalty basis.

A different approach can be found in national laws which, while still requiring prior approval by the host Government, authorize subconcessions provided that the subconcession is awarded through a competitive method and the subconcessionaire assumes all the rights and obligations of the concessionaire within the scope of the subconcession.

The concessionaire shall have a right of cabling for the purpose of placing and operating basic and distribution networks on property belonging to third parties, which shall entitle the concessionaire to the following

Legislative authority to grant concessions (legislative recommendations 3 and 4 and paras. 10 and 11)

The Transitional Government has not rescinded fraudulently granted concessions, as recommended by the Forestry Concession Review Committee, preferring instead to refer them to the Ministry of Justice for action.

FDA is in the final stages of reviewing the behaviour of concessionaires to determine which should lose their concessions because of failure to comply with the rule of law.

44. The Government recently rejected draft contracts for logging concessions of between 3 and 5 million hectares, in favour of concessions no larger than 150,000 hectares.

Chapter III. Selection of the concessionaire (A CN.9 444 Add.4)

Examples of topics in the former category include ownership requirements, industrial and intellectual property agreements, performance requirements and operational permits and licenses.

Where private sector investment in infrastructure is allowed, it may require a governmental authorization sometimes called licence , franchise or concession .

Concessionaires are responsible for complying with regulations and calculating taxes due.

In other legal systems, however, the host Government usually has the right to alter the terms of a concession when the public interest so requires, subject to compensation to the concessionaire.

The rationale for including the construction period in the total concession period is to encourage the project company to complete the construction works ahead of schedule, so as to benefit from a longer period of concession.

135. In response to the granting of the new 350,000 hectare concession, COHCHR addressed a letter to the Minister of Agriculture, Forestry and Fisheries expressing serious concern about the negative impact of timber concessions on the human rights of Hill Tribes.

6160 Licence combined with or replaced by special import authorization

5. Assignment of the concession (legislative recommendations 9 and 10 and paras. 35 38)

The concession is held by local businessman Floyd Thomas, through his company, Jungle Waters.

This may be done by means of an assignment of the concession to a third party.

(a) Non price vertical restraints (selective distribution, exclusive dealing and franchising)

Where multiple concessions are awarded for the same sector, the host Government may expect that the competition among the concessionaires will have a certain regulatory effect and will be conducive to achieving efficiency and quality targets.

There also appears to be no limit on the amount of 150,000 hectare concessions that may be granted, which is especially troubling given that front companies have been used to circumvent restrictions on concession size in the past.

The committee then established criteria for maintaining or revoking concessions (see annex V).

Further, under many of the decrees establishing the special tribunals, there is no right of appeal.

3. The Government may authorize the concessionaire to carry out the expropriation, in which case option 1 the concessionaire shall bear all the costs associated with the expropriation procedure option 2 the project agreement shall establish the respective obligations of the Government and the concessionaire in respect of the costs associated with the expropriation procedure including the payment of compensation arising out of such expropriation, attorney s fees and judicial costs.

The powers enjoyed by the municipalities in the areas of urban planning, local development, electricity supply concessions and local taxation may be expanded.

Special public entities were often established by national Governments and were given exclusive concessions within given territories.

The expressions concession agreement and concession contract are used in some legal systems to refer to the agreement between the host Government and the project company or consortium setting forth the conditions for the implementation of the project.