International Mining Law
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| Author | : Elizabeth Bastida |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 1158 |
| Release | : 2005-01-01 |
| Genre | : Law |
| ISBN | : 9041121161 |
This book covers a broad spectrum of issues shaping the current paradigm of minerals sector governance. The ultimate aim of the book is to understand trends and developments in mineral law and policy occurring at international, regional, cross-border and in some selected cases at national level and also to identify some of the challenges lying ahead. With these objectives in view, the book brings together a representative selection of the most knowledgeable authors on the subject. The contributions deal with a diverse range of issues tackled from interdisciplinary perspectives. Topics are divided into five main chapters: international and comparative aspects of mineral law; actors and policies in the minerals industry; investment prospects, financial and fiscal issues; sustainable development and regional outlooks. The book aspires to serve as a useful reference for scholars, practitioners, students and all those with an interest in current developments in the areas reviewed. Elizabeth Bastida is the Rio Tinto Research Fellow and the Director of the Mineral Law and Policy Programme at the Centre for Energy, Petroleum, Mineral Law and Policy at the University of Dundee (CEPMLP/Dundee). Thomas W?lde is the Professor of International Economic, Natural Resources and Energy Law and was (until 2001) the Executive Director of CEPMLP/Dundee. He currently runs TWA, his private consultancy firm, which provides advisory services in natural resources and energy law, regulatory reform, investment promotion, state enterprise/agency appraisal and restructuring, privatisation, contract assessment, negotiation and dispute management. Janeth Warden-Fern?ndez is a Research and Teaching Fellow, an advisor of the Mineral Law and Policy Programme and the Manager of the Distance Learning Programme at CEPMLP/Dundee.
| Author | : Ana Elizabeth Bastida |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 266 |
| Release | : 2020-12-10 |
| Genre | : Law |
| ISBN | : 1782255680 |
This book explores a disciplinary matrix for the study of the law and governance concerning mining and minerals from a global perspective. The book considers the key challenges of achieving the goals of Agenda 2030 and the transition to low-carbon circular economies. The perspective encompasses the multi-faceted and highly complex interaction of multiple fields of international law and policy, soft law and standards, domestic laws and regulations as well as local levels of ordering of social relations. What emerges is a largely neglected, unsystematised and under-theorised field of study which lies at the intersection of the global economy, environmental sustainability, human rights and social equity. But it also underlies the many loopholes to address at all levels, most notably at the local level – land and land holders, artisanal miners, ecosystems, local economies, local linkages and development. The book calls for a truly cosmopolitan academic discipline to be built and identifies challenges to do so. It also sets a research agenda for further studies in this fast-changing field.
| Author | : John Southalan |
| Publisher | : |
| Total Pages | : 326 |
| Release | : 2013-05-15 |
| Genre | : Law |
| ISBN | : 9781760020132 |
"Mining Law and Policy: International Perspectives explains the key legal issues in the regulation of mining. The book starts with an overview of the mineral sector and broader forces which influence (and are impacted by) mineral regulation including mineral economics, sustainable development and other policy considerations." -- provided by publisher.
| Author | : Ricky Lee |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 397 |
| Release | : 2012-03-05 |
| Genre | : Law |
| ISBN | : 9400720394 |
This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
| Author | : Richard W. Roeder |
| Publisher | : Springer |
| Total Pages | : 222 |
| Release | : 2016-06-28 |
| Genre | : Law |
| ISBN | : 3319312170 |
This work analyzes and compares the legal framework for foreign investments in the mining sector in Australia, South Africa and Colombia. The admission of foreign investments, corporate structure requirements, ownership of minerals and mineral rights, mining licenses, land access, performance requirements, distribution of profits and the tax regime, repatriation of profits, national and international dispute resolution mechanisms and the question of the Social License to Operate (SLO) / Corporate Social Responsibility (CSR) policies are discussed in detail. The work concludes with an outlook on the future regulation of foreign mining investments and finally suggests the development of an International Mining Investment Law.
| Author | : Bonnie Campbell |
| Publisher | : IDRC |
| Total Pages | : 290 |
| Release | : 2009-06-15 |
| Genre | : Business & Economics |
| ISBN | : 074532939X |
The continent of Africa is rich in minerals needed by Western economies, but rather than forming the basis for economic growth the mining industry contributes very little to African development Investigating the impact of the 2003 Extractive Industries Review on a number of African countries, the contributors find the root of the problem in the controls imposed on the African countries by the IMF and World Bank. They aim to convince academics, governments and industry that regulation needs to be reformed to create a mining industry favourable towards social, economic and environmental development. The book takes a multidisciplinary approach and provides a historical perspective of each country, making it ideal for students of development studies and development organizations.
| Author | : Henry G. Burnett |
| Publisher | : Oxford International Arbitrati |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 9780198757641 |
I. Host states, mining companies, and mining projects -- II. Key risks and disputes associated with international mining projects -- III. Practice and procedure -- IV. Law and applicable principles.
| Author | : Joanna Dingwall |
| Publisher | : Oxford University Press |
| Total Pages | : 321 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 0192898264 |
The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.
| Author | : Barry Barton |
| Publisher | : |
| Total Pages | : 1030 |
| Release | : 2019 |
| Genre | : Mining law |
| ISBN | : 9780433465805 |
"A comprehensive study of Canadian mining law, including ownership rights, claim-staking, disposition and transfers of mining rights, interests and royalties, acquisition of rights and interests from the Crown, withdrawal of lands from mining, surface rights, and mining issues related to native lands. New chapters relating to CSR and international perspectives will be added as well."--
| Author | : David Szablowski |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 352 |
| Release | : 2007-01-29 |
| Genre | : Law |
| ISBN | : 1847313450 |
The global spread of transnational mining investment, which has been taking place since the 1990s, has led to often volatile conflicts with local communities. This book examines the regulation of these conflicts through national, transnational and local legal processes. In doing so, it examines how legal authority is being redistributed among public and private actors, as well as national and transnational actors, as a result of globalizing forces. The book presents a case study concerning the negotiation of land transfer and resettlement between a transnational mining enterprise and indigenous peasants in the Andes of Peru. The case study is used to explore the intensely local dynamics involved in negotiations between corporate and community representatives and the role played by legal ordering in these relations. In particular, the book examines the operation of a transnational legal regime managed by the World Bank to remedy the social and environmental impacts of projects which receive Bank assistance. The book explores the nature and character of the World Bank regime and the multiple consequences of this projection of transnational law into a local dispute.
