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Celine Tan

This chapter explores the implications of political risk insurance (PRI) in the regulation and governance of natural resources sectors in developing countries. Operating in a hybrid public-private sphere, PRI arrangements involve a more complex web of contractual and non-contractual relations than commercial insurance products and parties to such arrangements are inserted into a much more intricate framework of legal and political governance, with correspondingly broader international and domestic implications. The chapter argues that PRI represents a form of government rationality that provides a framework for organizing and regulating the behaviour of actors involved in natural resource investments in developing countries. In natural resources projects where tensions regularly exist between the interests of the foreign investor, the host state and local communities, PRI arrangements can reframe the terms of engagement between these various stakeholders and redefine the host state’s engagement with the broader international community. Key words: community safeguards; governance; governmentality; international financial institutions; international investment law; natural resources; political risk insurance

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Celine Tan

Blended finance is the new catchphrase in international development cooperation. Referring broadly to financial instruments that combine public and philanthropic resources with private capital to support development and global public policy objectives, blended finance is deployed ostensibly to catalyse greater private capital flows to emerging and so-called ‘frontier’ markets through the public provision of financial incentives, such as subsidized loans, risk guarantees and co-financing, to private actors investing in developing countries. Proponents argue that blended finance is crucial to scaling up resources for sustainable development projects, including in agriculture, energy and climate change mitigation and adaptation, by mitigating risks, by lowering transaction costs and thereby increasing the commercial viability of such investments for private actors. This chapter examines the emergence of blended finance as mechanism for financing development and its implications for the international aid architecture and framework for international development cooperation. It argues that the growth of new public-private modalities of development financing, such as blended finance, is re-engineering the governance of international public finance at the global and domestic levels, involving a significant shift in the forms of public administration and governance in which crucial elements of public authority are being shared with a host of non-governmental and other-governmental actors. This increasing shift towards the so-called ‘privatization of aid’ necessarily entails a transformation in the modalities of public administration to accommodate these new forms of public goods provision and account for the new exercises of public authority by third party private actors. This, in turn, has implications for both the substantive outcomes of international development cooperation, such as food security, poverty reduction and environmental protection, and the governance and regulatory framework of international development cooperation that is crucial not only to the delivery of such outcomes, but to safeguarding the interests of stakeholders of sustainable development investments.

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Edited by Julio Faundez and Celine Tan

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Julio Faundez and Celine Tan

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Edited by Julio Faundez and Celine Tan

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Edited by Julio Faundez and Celine Tan

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Edited by Julio Faundez and Celine Tan

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Edited by Julio Faundez and Celine Tan

International Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries.