The Law and Governance of Mining and Minerals

The Law and Governance of Mining and Minerals

Author: Ana Elizabeth Bastida

Publisher: Bloomsbury Publishing

Published: 2020-12-10

Total Pages: 266

ISBN-13: 1782255680

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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.


International and Comparative Mineral Law and Policy

International and Comparative Mineral Law and Policy

Author: Elizabeth Bastida

Publisher: Kluwer Law International B.V.

Published: 2005-01-01

Total Pages: 1158

ISBN-13: 9041121161

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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.


State Governance of Mining, Development and Sustainability

State Governance of Mining, Development and Sustainability

Author: Tracy-Lynn Field

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 407

ISBN-13: 1784712647

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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.


Hardrock Mining on Federal Lands

Hardrock Mining on Federal Lands

Author: National Research Council

Publisher: National Academies Press

Published: 1999-11-03

Total Pages: 259

ISBN-13: 0309172667

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This book, the result of a congressionally mandated study, examines the adequacy of the regulatory framework for mining of hardrock mineralsâ€"such as gold, silver, copper, and uraniumâ€"on over 350 million acres of federal lands in the western United States. These lands are managed by two agenciesâ€"the Bureau of Land Management in the Department of the Interior, and the Forest Service in the Department of Agriculture. The committee concludes that the complex network of state and federal laws that regulate hardrock mining on federal lands is generally effective in providing environmental protection, but improvements are needed in the way the laws are implemented and some regulatory gaps need to be addressed. The book makes specific recommendations for improvement, including: The development of an enhanced information management system and a more efficient process to review new mining proposals and issue permits. Changes to regulations that would require all mining operations, other than "casual use" activities that negligibly disturb the environment, to provide financial assurances for eventual site cleanup. Changes to regulations that would require all mining and milling operations (other than casual use) to submit operating plans in advance.


Mining in Africa

Mining in Africa

Author: Bonnie Campbell

Publisher: IDRC

Published: 2009-06-15

Total Pages: 290

ISBN-13: 074532939X

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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.


The Law and Governance of Mining and Minerals

The Law and Governance of Mining and Minerals

Author: Ana Elizabeth Bastida

Publisher: Hart Publishing

Published: 2022-07-28

Total Pages: 0

ISBN-13: 1509942580

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Legal regimes for mining are experiencing enormous changes. Whereas before they focused on property rights facilitating extraction, they now embody principles oriented towards sustainable development. This book explores the challenge of developing agreements in such a complex landscape.


Mining Royalties

Mining Royalties

Author: James Otto

Publisher: World Bank Publications

Published: 2006

Total Pages: 328

ISBN-13:

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This book discusses the history of royalties and the types currently in use, covering issues such as tax administration, revenue distribution and reporting. It identifies the strengths and weaknesses of various royalty approaches and their impact on production decisions and mine economics. A section on governance looks at the management of mining revenue by governments and the need for transparency. There is an attached CD with examples of royalty legislation from over 40 countries.


Mining and the Law in Africa

Mining and the Law in Africa

Author: Victoria R. Nalule

Publisher: Springer Nature

Published: 2019-11-22

Total Pages: 104

ISBN-13: 3030330087

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​The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.