The Law and Governance of Mining and Minerals

The Law and Governance of Mining and Minerals
Author: Ana Elizabeth Bastida
Publisher: Bloomsbury Publishing
Total Pages: 208
Release: 2020-12-10
Genre: Law
ISBN: 1782255672

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.

The Mining Law

The Mining Law
Author: John D. Leshy
Publisher: Routledge
Total Pages: 279
Release: 2014-04-04
Genre: Technology & Engineering
ISBN: 1135887535

In this highly entertaining as well as profoundly scholarly study of the 1872 Mining Law, John Leshy has produced both a legal treatise and a history of the West written from the vantage point of mineral exploration and production. The Mining Law illuminates some of the more obscure corners of Western history, federal land and resource policy, and the relationships among various branches of government in making and carrying out policy. For more than a century the mining of hard-rock minerals in the United States has been carried out under this law, which was written to promote mineral development in the age of the pick-and-shovel prospector. It is the last important survivor of the great laws undergirding the westward expansion. The Mining Law has never been changed to reflect modern mining technologies or newer social values that question whether mineral extraction is the best use of the land and its resources. From its enactment, the Mining Law's inadequacies have given rise to illegal abuse, litigation, and patchwork regulation by federal agencies and judge-made law. Leshy explains how the law has survived by a combination of executive and judicial manipulation in the face of legislative paralysis. Today, as concern mounts about economic efficiency, government regulation, environmental protection, the rebuilding of the nation's industrial base, and competing uses of the land and its resources, the argument for reform of the law becomes compelling. The present law not only obstructs the very mineral development it was designed to promote; it may no longer be in the national interest. Certainly any future attempts to rewrite or amend the Law will start off with Leshy's exposition and analysis of its origins, operation, and implementation, and his detailed examination of the issues surrounding the law, its interpretation by courts and administrative agencies, and the attempts to adapt the law to changing conditions and social goals. Assessing the prospect for reform in today's political climate, he suggests arrangements regarding the law's reform that might be concluded by industry, small operators, and environmental protection advocates as well as creative measures that might be taken by Congress, the president, and the courts.

Mining Law and Policy

Mining Law and Policy
Author: John Southalan
Publisher:
Total Pages: 326
Release: 2012
Genre: Mineral industries
ISBN: 9781862878495

Explains standard practice in governmental regulation and common legal issues arising in mining company activities; examines the impact of mining on environments and communities; and provides general information on regulation, international law and comparative law pertaining to mining.

The African Court of Justice and Human and Peoples' Rights in Context

The African Court of Justice and Human and Peoples' Rights in Context
Author: Charles C. Jalloh
Publisher: Cambridge University Press
Total Pages: 1199
Release: 2019-05-16
Genre: History
ISBN: 110842273X

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

War Economies and International Law

War Economies and International Law
Author: Mark B. Taylor
Publisher: Cambridge University Press
Total Pages: 329
Release: 2021-07-15
Genre: Law
ISBN: 1108483704

This book describes how international law regulates the problems that arise where economic activity meets violent conflict.

Queering International Law

Queering International Law
Author: Dianne Otto
Publisher: Routledge
Total Pages: 493
Release: 2017-07-14
Genre: Law
ISBN: 1351971131

This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.

Permanent Sovereignty over Natural Resources

Permanent Sovereignty over Natural Resources
Author: Marc Bungenberg
Publisher: Springer
Total Pages: 234
Release: 2015-04-15
Genre: Law
ISBN: 3319157388

Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.

Queering International Law

Queering International Law
Author: Dianne Otto
Publisher: Taylor & Francis
Total Pages: 305
Release: 2017-07-14
Genre: Law
ISBN: 135197114X

Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations.