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 & Policy Programme at the Centre for Energy, Petroleum,
Mineral Law & Policy at the University of Dundee (CEPMLP/Dundee).
Thomas Wälde 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-Fernández is a Research and Teaching Fellow, an advisor of the Mineral Law & Policy Programme and the Manager of the Distance Learning Programme at CEPMLP/Dundee.
Contents, Acknowledgements, List of Contributors, Introduction and Overview
international and Comparative Perspectives of Mineral Law and Policy
Elizabeth Bastida, Thomas Wälde and Janeth Warden-Fernández
CHAPTER
1 TRENDS AND ISSUES IN MINERAL LAW: INTERNATIONAL AND COMPARATIVE PERSPECTIVES
1.1. Legal Reform in Mining: Past, Present and Future
John P. Williams
1.2. Safeguards for Foreign Investment in Mining
Robert Pritchard
1.3. International Arbitration: A Lesson Learnt from Anglo-Us Mining
Concessions in Soviet Russia (1920-1925)
V.V. Veeder 1.4.
International Law And Mineral Resources Development
George (Rock) Pring and
Linda Siegele 1.5. Mining and Sustainable Development: Insights
From International Law
Maria Cecilia G. Dalupan 1.6.
International Seabed Authority Regulations on Prospecting and Exploration for
Polymetallic Nodules in the area
Michael W. Lodge 1.7. Evolution
of Global Standards in the Extractive Sector: The Growing Role Of The World
Bank Group
Luke J. Danielson 1.8. International Standards: A
Professional Challenge for Natural Resources & Energy Lawyers Thomas
W.
Wälde 1.9. Mineral Development and the Impact of the Climate
Change Convention
George (Rock) Pring and Linda Siegele 1.10.
The Law of Public Participation in Global Mining
George (Rock) Pring and
Linda Siegele 1.11. Host State Legal and Policy Responses to
Resource Control Claims by Host Communities: Implications for Investment in
the Natural Resources Sector
George S. Akpan 1.12. Host
Community Hostility to Mining Projects: A New Generation of Risk?
George S.
Akpan 1.13. Socio-Cultural Due Diligence in the Mining Industry
Jennifer Cook Clark 1.14. Security Of Mineral Tenure: Time-Limits
James Otto 1.15. Title Registration in Common Law Jurisdictions
Barry Barton 1.16. Due Diligence In Transnational Mining Projects:
Mining Registries and Legal Opinion Issues
Cecilia Siac 1.17.
The Power of Perception: Is the trust of the Mining Industry in title
Record-Keeping Justified?
Hans Wabnitz 1.18. Mineral Law: New
Directions?
Elizabeth Bastida
CHAPTER 2 ACTORS AND POLICIES IN
THE MINERALS INDUSTRY: SETTING PRIORITIES FOR THE FUTURE 2.1. Players in
the Mineral Industry
Olle Östensson 2.2. Corporate
Strategies in the Global Mining Industry
David Humphreys 2.3.
Structural Changes in the Minerals Industry
Magnus Ericsson 2.4.
Mineral Policy: A World Bank Perspective
Paulo De Sa 2.5.
Towards a Sustainable Role for Artisanal and Small-Scale Mining in Mineral
Production
Norman S. Jennings 2.6. Trends and Directions in
Mining Taxation in the 2000s
Keith Brewer 2.7. The use of the
bond markets in mining finance
C. Richard Tinsley 2.8.
Government Decentralisation and Resource Revenue Sharing
Allen L. Clark
2.9. The ‘Resource Curse’
William Ascher 2.10.
Mining and Regional Economic Development
Nicolas Di Boscio and David
Humphreys 2.11. Old Wine in New Bottles: Policy Issues for the
Mining Industry
Phillip Crowson 2.12. Sustainable Development
Indicators for the Minerals Industry: Who needs Them? What Stakes Justify
Producing Them?
Alain L. Dangeard 2.13. Mine Closure: The 21st
Century Approach – Avoiding Future Abandoned Mines
Wanda M.A. Hoskin
CHAPTER 3 MINERAL
LAW POLICY. REGIONAL PERSPECTIVES 3.1. Australia, Canada and The United
States
3.2. Latin America
3.3. Africa
3.4. Asia and the
South Pacific
3.5. The FSU
3.6. European Union, Index
