International and Comparative Mineral Law and Policy PDF Download

Author: Elizabeth Bastida
Publisher: Kluwer Law International B.V.
ISBN: 9041121161
Category : Law
Languages : en
Pages : 1158

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Book Description
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: Ricky Lee
Publisher: Springer Science & Business Media
ISBN: 9400720394
Category : Law
Languages : en
Pages : 397

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Book Description
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: Daniëlla Dam-de Jong
Publisher: Cambridge University Press
ISBN: 110709383X
Category : Law
Languages : en
Pages : 515

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Book Description
An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.

Author: G.M. Hilson
Publisher: CRC Press
ISBN: 1135291217
Category : Technology & Engineering
Languages : en
Pages : 561

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Book Description
The purpose of this book is to examine both the positive and negative socioeconomic impacts of artisanal and small-scale mining in developing countries. In recent years, a number of governments have attempted to formalize this rudimentary sector of industry, recognizing its socioeconomic importance. However, the industry continues to be plagued by

Author: Lorenzo Cotula
Publisher: Routledge
ISBN: 1136600027
Category : Business & Economics
Languages : en
Pages : 204

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Book Description
In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.

Author: Marcia Langton
Publisher: Routledge
ISBN: 0415518210
Category : Business & Economics
Languages : en
Pages : 422

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Book Description
The unifying experiences of the indigenous and local people, are the social and economic disadvantage experienced by indigenous peoples and local communities, surrounded by wealth-producing projects. Chapters on Australian Aboriginals, chapters on Timor Leste. Aust & NZ content. Langton is at the University of Melbourne.

Author: Edwin Mujih
Publisher: Routledge
ISBN: 1317068769
Category : Business & Economics
Languages : en
Pages : 477

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Book Description
Edwin Mujih explores the difficulties associated with regulating multinational companies operating in developing countries, with a particular focus on extractive industries. The author highlights the need to establish an international legally binding framework to ensure that multinationals operate in a socially responsible manner to protect local communities and the environment. Edwin Mujih’s analysis reveals that the existing mechanisms for controlling the behaviour of huge multinational entities are of normative force only, that these are particularly inadequate, and that the notion of corporate social responsibility is only meaningful where behaviour can be legally regulated. Regulating Multinationals in Developing Countries features a study of the Chad and Cameroon Oil and pipeline project, which highlights the problems arising in countries that have neither the capacity nor the will to effectively regulate those operating within their borders. The author has evaluated compliance by the parties with their social and environmental obligations. He has found that, despite controversy surrounding inadequate regulation of this project in its incipient stages, the system that was put in place following huge opposition from the affected communities and from NGOs is worthy of attention and could stand as a model for similar projects elsewhere. This first title in Gower's Corporate Social Responsibility Series to approach CSR from a legal perspective provides insight not just into the complexity surrounding efforts to regulate multinationals operating in countries with weak regulatory regimes, but also into the fundamental nature of multinational corporations and the debate about different notions of CSR itself.

Author: Tracy-Lynn Field
Publisher: Edward Elgar Publishing
ISBN: 1784712647
Category : Law
Languages : en
Pages : 407

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Book Description
States in mineral-rich jurisdictions must promote mining as a development industry just as they must protect people and environment from the worst excesses of extractivism. State Governance of Mining, Development and Sustainability explores how the State’s role in facilitating a developmental and sustainable mining industry has been defined. In doing so, this astute book considers the impact of the policies and laws of mineral-rich States themselves, multilateral international governance institutions, industry associations, and environmental justice advocates in the areas of property relations, mineral taxation, environmental management and mine closure.

Author: Stephan W. Schill
Publisher: Oxford University Press
ISBN: 0199589100
Category : Law
Languages : en
Pages : 922

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Book Description
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.

Author: Ciaran O’Faircheallaigh
Publisher: Routledge
ISBN: 1351279661
Category : Business & Economics
Languages : en
Pages : 298

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Book Description
Indigenous peoples have historically gained little from large-scale resource development on their traditional lands, and have suffered from its negative impacts on their cultures, economies and societies. During recent decades indigenous groups and their allies have fought hard to change this situation: in some cases by opposing development entirely; in many others by seeking a fundamental change in the distribution of benefits and costs from resource exploitation. In doing so they have utilised a range of approaches, including efforts to win greater recognition of indigenous rights in international fora; pressure for passage of national and state or provincial legislation recognising indigenous land rights and protecting indigenous culture; litigation in national and international courts; and direct political action aimed at governments and developers, often in alliance with non-governmental organisations (NGOs). At the same time, and partly in response to these initiatives, many of the corporations that undertake large-scale resource exploitation have sought to address concerns regarding the impact of their activities on indigenous peoples by adopting what are generally referred to as "corporate social responsibility" (CSR) policies. This book focuses on such corporate initiatives. It does not treat them in isolation, recognising that their adoption and impact is contextual, and is related both to the wider social and political framework in which they occur and to the activities and initiatives of indigenous peoples. It does not treat them uncritically, recognising that they may in some cases consist of little more than exercises in public relations. However, neither does it approach them cynically, recognising the possibility that, even if CSR policies and activities reflect hard-headed business decisions, and indeed perhaps particularly if they do so, they can generate significant benefits for indigenous peoples if appropriate accountability mechanisms are in place. In undertaking an in-depth analysis of CSR and indigenous peoples in the extractive industries, the book seeks to answer the following questions. What is the nature and extent of CSR initiatives in the extractive industries and how should they be understood? What motivates companies to pursue CSR policies and activities? How do specific political, social and legal contexts shape corporate behaviour? What is the relationship between indigenous political action and CSR? How and to what extent can corporations be held accountable for their policies and actions? Can CSR help bring about a fundamental change in the distribution of benefits and costs from large-scale resource exploitation and, if so, under what conditions can this occur? Earth Matters gathers key experts from around the world who discuss corporate initiatives in Alaska, Ecuador, Australia, Canada, Peru, Papua New Guinea, Indonesia and Russia. The book explores the great diversity that characterises initiatives and policies under the name of "corporate social responsibility", the highly contingent and contextual nature of corporate responses to indigenous demands, and the complex and evolving nature of indigenous–corporate relations. It also reveals much about the conditions under which CSR can contribute to a redistribution of benefits and costs from large-scale resource development. Earth Matters will be essential reading for those working in and studying the extractive industry worldwide, as well as those readers looking for a state-of-the-art description of how CSR is functioning in perhaps its most difficult setting.