International and Comparative Mineral Law and Policy

Name: International and Comparative Mineral Law and Policy | Trends and Prospects
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Trends and Prospects

Elizabeth Bastida Thomas Lde(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 10. Dezember 2004

1156 Seiten

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Cover
Half Title Page
Editorial Board
Title Page
Copyright Page
ACKNOWLEDGEMENTS
Table of Contents
LIST OF CONTRIBUTORS
INTRODUCTION AND OVERVIEW INTERNATIONAL AND COMPARATIVE PERSPECTIVES OF MINERAL LAW AND POLICY
CHAPTER 1 TRENDS AND ISSUES IN MINERAL LAW: INTERNATIONAL AND COMPARATIVE PERSPECTIVES
1.1 LEGAL REFORM IN MINING: PAST, PRESENT AND FUTURE
EXECUTIVE SUMMARY
1. INTRODUCTION
2. PAST LEGAL REFORMS
3. PRESENT TRENDS IN MINING LAW REFORM
4. THE NEXT WAVE OF REFORMS IN MINING LAW
5. CONCLUSION
SELECTED BIBLIOGRAPHY
1.2 SAFEGUARDS FOR FOREIGN INVESTMENT IN MINING
EXECUTIVE SUMMARY
1. HOW DO INVESTORS MAKE MINING INVESTMENT DECISIONS?
2. HOW THE REQUIREMENTS OF PROJECT FINANCE AND BANKABILITY COMPLICATE MINING INVESTMENT DECISIONS
3. THE MOST FEARED LEGAL RISK OF MINING INVESTORS: ADVERSE CHANGE OF LAW
4. ADHERENCE TO THE RULE OF LAW
5. TREATY PROTECTION
6. CONSTITUTIONAL RECOGNITION OF PROPERTY RIGHTS AND RIGHTS OF FOREIGN INVESTORS
7. INVESTMENT AGREEMENTS WITH GOVERNMENTS
8. JOINT VENTURES
9. POLITICAL RISK INSURANCE
10. THE IMPORTANCE OF UTMOST PROBITY
11. CONCLUSIONS
SELECTED BIBLIOGRAPHY
1.3 INTERNATIONAL ARBITRATION: A LESSON LEARNT FROM ANGLO-US MINING CONCESSIONS IN SOVIET RUSSIA (1920-1925)
EXECUTIVE SUMMARY
1. THE FALSE STARTS: VANDERLIP (1920), VINT (1921-24), SINCLAIR (1921-23) AND HAMMER (1921)
2. THE URQUHART NEGOTIATIONS (1921-1922)
3. THE 1925 SOVIET-GERMAN TREATY
4. THE LENA GOLDFIELDS CONCESSION AGREEMENT (1925)
5. CONCLUSIONS
BIBLIOGRAPHY
1.4 INTERNATIONAL LAW AND MINERAL RESOURCES DEVELOPMENT
EXECUTIVE SUMMARY
1. THE CHANGING VIEW OF THE INDUSTRY
2. SUSTAINABLE DEVELOPMENT IN MINING
3. HOW INTERNATIONAL LAW WORKS
4. MOVING FROM 'SOFT LAW' TO 'HARD LAW'
5. HOW NATIONAL COURTS 'HARDEN' SOFT LAW
6. HOW IFOs CREATE HARD LAW
7. INTERNATIONAL ENVIRONMENTAL SOFT LAW FOR MINING
8. OTHER IGO SOFT LAW-MAKING EFFORTS
9. PRIVATE SECTOR CONTRIBUTIONS TO SOFT LAW
10. MINING ACCESS CONTROL LAWS
11. MINING PROCESS CONTROLS
12. PRODUCT CONTROLS
13. CONCLUSION
SELECTED BIBLIOGRAPHY
1.5 MINING AND SUSTAINABLE DEVELOPMENT: INSIGHTS FROM INTERNATIONAL LAW
EXECUTIVE SUMMARY
1. INTRODUCTION
2. MINING IN MULTILATERAL AGREEMENTS
3. INTERNATIONAL LAW ON SUSTAINABLE DEVELOPMENT AND MINING
4. PRINCIPLES OF SUSTAINABILITY IN MINING - THE CHALLENGE OF RELEVANCE AND APPLICABILITY
5. CONCLUSIONS
SELECTED BIBLIOGRAPHY
1.6 INTERNATIONAL SEABED AUTHORITY REGULATIONS ON PROSPECTING AND EXPLORATION FOR POLYMETALLIC NODULES IN THE AREA
EXECUTIVE SUMMARY
1. THE LEGAL REGIME FOR THE AREA
2. BACKGROUND TO THE REGULATIONS
3. ANALYSIS OF THE REGULATIONS
4. CONCLUSIONS
SELECT BIBLIOGRAPHY
1.7 EVOLUTION OF GLOBAL STANDARDS IN THE EXTRACTIVE SECTOR: THE GROWING ROLE OF THE WORLD BANK GROUP
EXECUTIVE SUMMARY
1. A GLOBAL GOVERNANCE GAP
2. FILLING THE GOVERNANCE GAP
3. A VISION OF THE WHERE WE MIGHT BE GOING
4. DEVELOPMENTS IN THE WORLD BANK GROUP
5. THE NEED FOR BETTER GOVERNANCE
SELECTED BIBLIOGRAPHY
APPENDICES
1.8 INTERNATIONAL STANDARDS: A PROFESSIONAL CHALLENGE FOR NATURAL RESOURCES & ENERGY LAWYERS
EXECUTIVE SUMMARY
1. INTRODUCTION: FROM 'HARD LAW' TO 'SOFT LAW' IN THE GLOBAL NATURAL RESOURCES & ENERGY INDUSTRIES
2. RELEVANCE OF INTERNATIONAL STANDARDS IN TRANSNATIONAL DISPUTE PRACTICE
3. KEY PLAYERS
4. DO THE NATURAL RESOURCE AND ENERGY INDUSTRIES NEED A SPECIAL 'LICENSE TO OPERATE' EXPRESSED IN MORE STRINGENT INTERNATIONAL STANDARDS
5. PRACTICAL MANAGEMENT OF INTERNATIONAL STANDARDS
1.9 MINERAL DEVELOPMENT AND THE IMPACT OF THE CLIMATE CHANGE CONVENTION
EXECUTIVE SUMMARY
1. THE SCIENCE BEHIND CLIMATE CHANGE
2. THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC)
3. THE KYOTO PROTOCOL
4. INVESTING IN CLEAN DEVELOPMENT - CURRENT STATE OF THE INDUSTRY
5. CONCLUSIONS
SELECTED BIBLIOGRAPHY
1.10 THE LAW OF PUBLIC PARTICIPATION IN GLOBAL MINING
EXECUTIVE SUMMARY
1. THE CONCEPTUAL AND HISTORICAL FRAMEWORK
2. PUBLIC PARTICIPATION REQUIREMENTS IN INTERNATIONAL ENVIRONMENTAL LAW DOCUMENTS
3. PUBLIC PARTICIPATION RIGHTS UNDER OTHER LEGAL AND QUASI-LEGAL REGIMES
4. PARTICIPATION RIGHTS OF PARTICULAR GROUPS
5. POTENTIAL FUTURE DEVELOPMENTS IN THE LAW OF PUBLIC PARTICIPATION
6. CONCLUSIONS
SELECTED BIBLIOGRAPHY
1.11 HOST STATE LEGAL AND POLICY RESPONSES TO RESOURCE CONTROL CLAIMS BY HOST COMMUNITIES: IMPLICATIONS FOR INVESTMENT IN THE NATURAL RESOURCES SECTOR
EXECUTIVE SUMMARY
1. INTRODUCTION
2. RESOURCE CONTROL AND LEGAL BASES FOR RESOURCE CONTROL CLAIMS
3. SELF-DETERMINATION AND RESOURCE CONTROL
4. HOST STATE POLICY RESPONSES AND IMPLICATIONS FOR INVESTMENT IN THE RESOURCES SECTOR
6. RECOMMENDATIONS
SELECTED BIBLIOGRAPHY
1.12 HOST COMMUNITY HOSTILITY TO MINING PROJECTS: A NEW GENERATION OF RISK?
EXECUTIVE SUMMARY
1. INTRODUCTION
2. HOST COMMUNITY HOSTILITY AS A NEW FORM OF RISK
3. FORMS OF HOST COMMUNITY RISK
4. IMPACTS OF HOST COMMUNITY HOSTILITY RISK
5. LEGAL RESPONSIBILITY FOR HOST COMMUNITY CONDUCTS
6. MANAGING HOST COMMUNITY HOSTILITY: POLICY OPTIONS
SELECTED BIBLIOGRAPHY
1.13 SOCIO-CULTURAL DUE DILIGENCE IN THE MINING INDUSTRY
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THE SOCIO-CULTURAL DUE DILIGENCE PROCESS: THE WHO, WHY, WHEN, WHERE, AND HOW?
3. STEP 1: ANALYSIS OF LEGAL FRAMEWORK TO DETERMINE EXPOSURE TO LIABILITY
4. STEP 2: REVIEW OF UNDERLYING BASE-LINE STUDIES, IMPACT AND RISK ASSESSMENTS
5. STEP 3: MANAGEMENT PLANS, MONITORING, AUDITING, CRISES/EMERGENCY AND CLOSURE PLANS
6. CONCLUSIONS
SELECTED BIBLIOGRAPHY
1.14 SECURITY OF MINERAL TENURE: TIME-LIMITS
EXECUTIVE SUMMARY
1. THE REGULATORY DILEMMA
2. TYPICAL MINING PROJECT GESTATION PERIODS
3. THE GESTATION PERIOD, SECURITY OF TENURE AND REGULATION
4. EXAMPLES OF LEGISLATIVE APPROACHES ADDRESSING THE EXPLORATION PHASE TIME DILEMMA
5. SUMMARY AND RECOMMENDATIONS
SELECTED BIBLIOGRAPHY
1.15 TITLE REGISTRATION IN COMMON LAW JURISDICTIONS
EXECUTIVE SUMMARY
1. INTRODUCTION
2. DIFFERENT KINDS OF DEALINGS IN MINERAL PROPERTIES AND DIFFERENT SYSTEMS FOR REGISTERING THEM
3. RESTRICTIONS ON DEALINGS
4. GENERAL PRINCIPLES OF PRIORITY
5. MINING LEGISLATION ON THE EFFECT OF RECORDING ON PRIORITIES
6. WHETHER MINERAL RIGHTS ARE INTERESTS IN LAND
7. CONCLUSIONS
SELECTED BIBLIOGRAPHY
1.16 DUE DILIGENCE IN TRANSNATIONAL MINING PROJECTS: MINING REGISTRIES AND LEGAL OPINION ISSUES
EXECUTIVE SUMMARY
1. ATTRIBUTES OF WORKABLE LAND AND MINING REGISTRIES
2. DUE DILIGENCE IN DEVELOPING COUNTRIES
3. THE NEED FOR REFORM
4. CONCLUSIONS
SELECTED BIBLIOGRAPHY
1.17 THE POWER OF PERCEPTION: IS THE TRUST OF THE MINING INDUSTRY IN TITLE RECORD-KEEPING JUSTIFIED?
EXECUTIVE SUMMARY
1. REGISTRATION OF MINING TITLES IS ESSENTIAL
2. WHY THE REGISTERED RIGHT MAY NO LONGER EXIST
3. WHAT IS THE SOLUTION?
SELECTED BIBLIOGRAPHY
1.18 MINERAL LAW: NEW DIRECTIONS?
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THE TRADITIONAL MODEL OF MINERAL LAW
3. THE CURRENT GOVERNANCE CONTEXT FOR MINERALS RESOURCE DEVELOPMENT
4. IMPLICATIONS FOR MINERAL LAW: NEW DIRECTIONS?
SELECTED BIBLIOGRAPHY
CHAPTER 2 ACTORS AND POLICIES IN THE MINERALS INDUSTRY: SETTING PRIORITIES FOR THE FUTURE
2.1 PLAYERS IN THE MINERAL INDUSTRY
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THE INTERNATIONAL MINING INDUSTRY
3. GOVERNMENTS
4. LOCAL COMMUNITIES AND INDIGENOUS PEOPLES
5. NON-GOVERNMENTAL ORGANISATIONS (NGOs)
6. INTERGOVERNMENTAL ORGANISATIONS
7. CONTACTS AND LINKS BETWEEN GROUPS OF STAKEHOLDERS
SELECTED BIBLIOGRAPHY
2.2 CORPORATE STRATEGIES IN THE GLOBAL MINING INDUSTRY
EXECUTIVE SUMMARY
1. INTRODUCTION
2. DRIVERS OF CORPORATE STRATEGY
3. CORPORATE RESPONSES
4. FUTURE DIRECTIONS
SELECTED BIBLIOGRAPHY
2.3 STRUCTURAL CHANGES IN THE MINERALS INDUSTRY
EXECUTIVE SUMMARY
1. MERGER MANIA
2. WHAT IS THE MINERALS INDUSTRY?
3. MINERALS INDUSTRY STRUCTURE
4. MERGERS AND ACQUISITIONS
5. THE FUTURE?
SELECTED BIBLIOGRAPHY
2.4 MINERAL POLICY: A WORLD BANK PERSPECTIVE
EXECUTIVE SUMMARY
1. INTRODUCTION
2. FORMULATING A SOUND MINERAL POLICY
3. THE FOUR BUILDING BLOCKS OF AN EFFECTIVE POLICY
4. THE ROLE OF THE WORLD BANK
5. THE CHALLENGE AHEAD: ACHIEVING SUSTAINABILITY
SELECTED BIBLIOGRAPHY
2.5 TOWARDS A SUSTAINABLE ROLE FOR ARTISANAL AND SMALL-SCALE MINING IN MINERAL PRODUCTION
EXECUTIVE SUMMARY
1. INTRODUCTION
2. WHAT IS ASM?
3. WHAT IS PRODUCED?
4. ASM'S CONSTRAINTS
5. WHO ARE THE PLAYERS?
6. EVOLUTION OF ATTENTION TOWARDS ASM
7. ADDRESSING THE ISSUES
8. TOWARDS BEST PRACTICE
9. CONCLUSIONS
SELECTED BIBLIOGRAPHY
2.6 TRENDS AND DIRECTIONS IN MINING TAXATION IN THE 2000s
EXECUTIVE SUMMARY
1. INTRODUCTION
2. ECONOMIC PRESSURES ON TAXATION OF PROFITS
3. PAST RATES OF TAX ON PROFITS
4. CURRENT SITUATION OF TAXES AIMED AT PROFITS
5. NON-PROFIT TAXES AND 'OTHER TYPES OF INTERVENTION' BY GOVERNMENT
6. FUTURE TRENDS IN TAXATION WILL BE HEAVILY INFLUENCED BY 'SUSTAINABLE DEVELOPMENT' PRESSURES AND A TREND TOWARDS MORE PRECISE DEFINITIONS OF 'RIGHTS'
7. CONCLUSIONS
SELECTED BIBLIOGRAPHY
2.7 THE USE OF THE BOND MARKETS IN MINING FINANCE
EXECUTIVE SUMMARY
1. INTRODUCTION
2. PROJECT FINANCE
3. COMMODITY BONDS
4. MINING'S 144A ISSUES
5. OTHER CAPITAL MARKETS ISSUES
6. LEGAL ASPECTS OF BOND ISSUES AND RISKS
7. POLITICAL RISK COVER
8. ENVIRONMENTAL RISK
9. RISK TOLERANCE
10. RATINGS ISSUES
11. OTHER ISSUES
12. CONCLUSIONS
SELECTED BIBLIOGRAPHY
2.8 GOVERNMENT DECENTRALISATION AND RESOURCE REVENUE SHARING
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THE NATURE OF DECENTRALISATION
3. THE NATURE OF MINERAL RESOURCE REVENUES
4. IMPACTS OF DECENTRALISATION, REVENUE SHARING AND RESOURCE DEVELOPMENT PROJECTS
5. THE ONGOING PHILIPPINES AND INDONESIAN EXPERIENCES
6. SUMMARY AND CONCLUSIONS
SELECTED BIBLIOGRAPHY
2.9 THE 'RESOURCE CURSE'
EXECUTIVE SUMMARY
1. INTRODUCTION
2. NEGATIVE PATHWAYS BETWEEN NATURAL RESOURCE EXPLOITATION AND ECONOMIC AND POLITICAL DEVELOPMENT
3. THE DEBATE
4. THE EMPIRICAL RECORD
5. CONCLUSIONS
SELECTED BIBLIOGRAPHY
2.10 MINING AND REGIONAL ECONOMIC DEVELOPMENT
EXECUTIVE SUMMARY
1. INTRODUCTION
2. CONTRIBUTIONS TO THE ECONOMY
3. THE NATURE OF MINING CONTRIBUTIONS
4. ECONOMIC LINKAGES
5. MULTIPLIERS
6. FINAL REMARKS
SELECTED BIBLIOGRAPHY
2.11 OLD WINE IN NEW BOTTLES: POLICY ISSUES FOR THE MINING INDUSTRY
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THREE BASIC FALLACIES ABOUT MINERAL PRODUCTION
3. MINING IS AN ECONOMIC ACTIVITY
4. MINING IS NOT UNIQUE
5. MISSIONARIES AND NGOs
6. RENDER UNTO CAESAR ...
7. LOW PROFITABILITY IS THE ROOT OF ALL MOST EVIL
8. CONSUMPTION MIGHT HAVE BEEN OVER-STIMULATED
9. NO MAN CAN SERVE TWO MASTERS ...
10. ARE CODES OF CONDUCT DESIRABLE, OR A BLIND ALLEY?
11. CONCLUSIONS
SELECTED BIBLIOGRAPHY
2.12 SUSTAINABLE DEVELOPMENT INDICATORS FOR THE MINERALS INDUSTRY: WHO NEEDS THEM? WHAT STAKES JUSTIFY PRODUCING THEM?
EXECUTIVE SUMMARY
1. TRANSPARENCY IN THE EXTRACTIVE INDUSTRIES
2. INDICATORS OF ECONOMIC, SOCIAL AND ENVIRONMENTAL PERFORMANCE
3. POLICY FORMULATION
4. CONCLUDING REMARKS: DO WE NEED PREDICTIVE INDICATORS FOR SYSTEMIC CRISIS?
2.13 MINE CLOSURE: THE 21st CENTURY APPROACH - AVOIDING FUTURE ABANDONED MINES
EXECUTIVE SUMMARY
1. OVERVIEW OF INTERNATIONAL CONSIDERATIONS RELATED TO MINE CLOSURE
2. ENVIRONMENTAL LIABILITY AND SITE REHABILITATION
3. ABANDONED MINES - THE LEGACY OF INAPPROPRIATE, INSUFFICIENT AND NON-EXISTENT MINE CLOSURE
4. MINE REHABILITATION FOR ENVIRONMENT AND HEALTH PROTECTION - TRAINING
5. FINANCIAL ISSUES
6. SOCIAL ISSUES
7. INSTITUTIONAL AND LEGAL ISSUES
8. FUTURE ISSUES
9. CONCLUSIONS
SELECTED BIBLIOGRAPHY
CHAPTER 3 MINERAL LAW POLICY: REGIONAL PERSPECTIVES
3.1 AUSTRALIA, CANADA AND THE UNITED STATES
3.1.1 THE HISTORY OF MINING LAW IN THE US, CANADA, NEW ZEALAND AND AUSTRALIA, AND THE RIGHT OF FREE ENTRY
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THE UNITED STATES
3. CANADA
4. AUSTRALIA
5. NEW ZEALAND
6. THE SIGNIFICANCE OF HISTORY
SELECTED BIBLIOGRAPHY
3.1.2 INDIGENOUS LAND RIGHTS AND THEIR IMPACT ON THE MINERALS INDUSTRY: THE AUSTRALIAN EXPERIENCE
EXECUTIVE SUMMARY
1. VALIDITY OF GRANTED MINERAL TITLES
2. APPLICATIONS FOR MINERAL TITLES
3. COMPENSATION
4. NEGOTIATING A NATIVE TITLE AGREEMENT
5. ABORIGINAL HERITAGE
SELECTED BIBLIOGRAPHY
3.1.3 MINING AGREEMENTS IN THE REGULATION OF THE AUSTRALIAN MINERALS SECTOR
EXECUTIVE SUMMARY
1. OVERVIEW
2. USE OF MINING AGREEMENTS BY THE STATES AND TERRITORIES
3. THE SUBSTANTIVE PROVISIONS OF MINING AGREEMENTS
4. COMPARISON WITH OTHER CONTRACTUAL AND LEGISLATIVE MODELS
5. REGULATORY EFFECT OF GOVERNMENT-DEVELOPER AGREEMENTS
6. REASONS FOR USE
7. CONCLUSION
SELECTED BIBLIOGRAPHY
3.1.4 MYTH OR REALITY - HAS ENVIRONMENTAL REGULATION DESTROYED THE US MINING INDUSTRY?
EXECUTIVE SUMMARY
1. INTRODUCTION
2. LEGAL FRAMEWORK FOR MINING IN THE UNITED STATES
3. LAWS CONCERNING ENVIRONMENTAL IMPACT OF MINING IN THE US
4. ADAPTATION OF THE US MINING INDUSTRY TO ENVIRONMENTAL LEGISLATION
5. CONCLUSION
SELECTED BIBLIOGRAPHY
3.1.5 CANADIAN IMPACT AND BENEFIT AGREEMENTS WITH LOCAL AND INDIGENOUS PEOPLE
EXECUTIVE SUMMARY
1. INTRODUCTION
2. IMPACT AND BENEFIT AGREEMENTS
3. THE IMPACT AND BENEFIT AGREEMENT CONCEPT
4. LEGAL NATURE OF IBAs
5. DRIVERS FOR IBAS
6. TRENDS IN THE USE OF IBAs
7. CONCLUSIONS
SELECTED BIBLIOGRAPHY
3.1.6 BONDING REQUIREMENTS FOR COAL AND HARD-ROCK MINES IN THE US
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THE BENEFITS OF BONDING AND OTHER FORMS OF ASSURANCE
3. THE US MINING INDUSTRY'S RECLAMATION RECORD
4. RECENT CHANGES IN POLICY
5. THE POLITICS OF ASSURANCE REGULATION
6. DESIGNING IMPROVED ASSURANCE REGULATIONS
7. CONCLUSION
SELECTED BIBLIOGRAPHY
3.2 LATIN AMERICA
3.2.1 THE LATIN AMERICAN MINING LAW MODEL
EXECUTIVE SUMMARY
1. ORIGINS OF THE MODEL
2. KEY FEATURES OF THE MODEL
3. CONCLUSION
SELECTED BIBLIOGRAPHY
3.2.2 RECENT DEVELOPMENTS IN LATIN AMERICAN MINING LEGISLATION
EXECUTIVE SUMMARY
1. INTRODUCTION: THE SCENARIO PRIOR TO 1998
2. CHANGES FROM 1998 ONWARDS
3. SOME SPECIFIC COMMENTS ON THE LEGAL REQUIREMENTS TO RETAIN THE CONCESSIONS
4. CONCLUSIONS
SELECTED BIBLIOGRAPHY
3.2.3 THE MINING INTEGRATION TREATY BETWEEN ARGENTINA AND CHILE: SHARING EXPERIENCES
EXECUTIVE SUMMARY
1. HISTORICAL BACKGROUND
2. THE TREATY
3. THE ADMINISTRATION COMMISSION
4. THE RELEVANCE OF THE TREATY
5. CONCLUSIONS
SELECTED BIBLIOGRAPHY
3.2.4 DECENTRALISATION AND MINING: COLOMBIA AND PERU
EXECUTIVE SUMMARY
1. DECENTRALISATION: A GENERAL OVERVIEW
2. DECENTRALISATION IN COLOMBIA AND PERU
3. SUB-NATIONAL GOVERNMENTS IN MINING ISSUES IN COLOMBIA AND PERU
4. CONCLUSIONS
SELECTED BIBLIOGRAPHY
3.3 AFRICA
3.3.1 THE CHALLENGES OF DEVELOPMENT, MINING CODES IN AFRICA AND CORPORATE RESPONSIBILITY
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THE CREATION OF NEW REGULATORY AND FISCAL FRAMEWORKS FOR MINING IN AFRICA
3. THREE GENERATIONS OF MINING CODES
4. CONCLUSIONS
SELECTED BIBLIOGRAPHY
3.3.2 COMPARATIVE INTERNATIONAL AND AFRICAN MINERAL LAW AS APPLIED IN THE FORMATION OF THE NEW SOUTH AFRICAN MINERAL DEVELOPMENT LEGISLATION
EXECUTIVE SUMMARY
1. BACKGROUND TO THE NEW SOUTH AFRICAN MINERAL DEVELOPMENT LEGISLATION
2. STATE SOVEREIGNTY AND CUSTODIANSHIP
3. NATURE, REGISTRABILITY, TRANSFERABILITY AND BONDABILITY OF THE RIGHTS
4. VARIOUS ADMINISTRATIVE LAW PRINCIPLES
5. FURTHER ASPECTS OF SECURITY AND CONTINUITY OF TENURE
6. RIGHT TO ADMINISTRATIVE APPEAL, JUDICIAL REVIEW AND JUDICIAL APPEAL
7. ASPECTS RELATED TO THE ENVIRONMENT, LAND USE, AND ABORIGINAL CLAIMS
8. FINANCIAL ASPECTS
9. THE FATE OF EXISTING RIGHTS: THE TRANSITIONAL PROVISIONS
10. CLASSIFICATION OF MINERALS
11. CLEAR STATEMENT OF RIGHTS AND OBLIGATIONS
12. BROAD-BASED SOCIO-ECONOMIC EMPOWERMENT CHARTER
13. CONCLUSION
SELECTED BIBLIOGRAPHY
3.3.3 THE FRAMEWORK FOR OFFSHORE DIAMOND MINING IN NAMIBIA
EXECUTIVE SUMMARY
1. INTRODUCTION
2. BACKGROUND OF OFFSHORE DIAMOND MINING IN NAMIBIA
3. OVERVIEW OF THE LEGAL FRAMEWORK FOR OFFSHORE DIAMOND MINING
4. THE REGIONAL PERSPECTIVE OF MINING ACTIVITIES
5. CONCLUSION
SELECTED BIBLIOGRAPHY
3.3.4 RECENT TRENDS IN MINING LEGISLATION IN FRENCH-SPEAKING AFRICAN COUNTRIES
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THE ENACTMENT OF NEW MINING CODES
3. THE DEVELOPMENT OF OTHER LEGISLATION APPLICABLE TO MINING OPERATIONS
4. CONCLUSION: THE EMERGENCE OF A GLOBAL POSITION
SELECTED BIBLIOGRAPHY
3.3.5 COMPARATIVE MINERAL LAW IN AFRICAN PORTUGUESE-SPEAKING COUNTRIES
EXECUTIVE SUMMARY
1. INTRODUCTION
2. THE MINING LEGAL FRAMEWORKS IN ANGOLA AND MOZAMBIQUE
3. CONCLUSION
SELECTED BIBLIOGRAPHY
3.4 ASIA AND THE SOUTH PACIFIC
3.4.1 THE ROLE OF LAND-OWNING COMMUNITIES IN PAPUA NEW GUINEA'S MINERAL POLICY FRAMEWORK
EXECUTIVE SUMMARY
1. INTRODUCTION
2. MINERAL RIGHTS AND ROYALTY PAYMENTS
3. LANDOWNER IDENTIFICATION AND REPRESENTATION
4. LANDOWNER COMPENSATION
5. COMMUNITY BENEFIT PACKAGES
6. FROM SOCIAL IMPACTS TO SUSTAINABLE DEVELOPMENT
SELECTED BIBLIOGRAPHY
3.4.2 MINING IN THE PHILIPPINES: A DEVELOPING COUNTRY'S DILEMMA
EXECUTIVE SUMMARY
1. INTRODUCTION
2. MINING POLICY BACKGROUND AND OVERVIEW
3. MINING AND THE DEVELOPMENT DILEMMA
4. DISSECTING THE DILEMMA: POLICY RESPONSES
5. CONCLUSION: POLICY AND IMPLEMENTATION ISSUES
SELECTED BIBLIOGRAPHY
3.4.3 THE TRADE-OFF BETWEEN A COUNTRY'S OBLIGATION TO PROTECT THE ENVIRONMENTAL RIGHTS OF ITS CITIZENS AND ITS DESIRE TO MAXIMISE THE ECONOMIC BENEFITS THAT FLOW FROM MINING OPERATIONS - THE OK TEDI SAGA
EXECUTIVE SUMMARY
1. INTRODUCTION
2. DISCOVERY AND EARLY DEVELOPMENT
3. ENVIRONMENTAL IMPACT
4. THE OK TEDI CASE
5. THE WITHDRAWAL OF BHP
6. LEGAL AND OTHER IMPLICATIONS OF BHP'S WITHDRAWAL
7. CONCLUSION
SELECTED BIBLIOGRAPHY
3.5 THE FSU
3.5.1 STATE REGULATION AND MINING LAW DEVELOPMENT IN CONTEMPORARY RUSSIA
EXECUTIVE SUMMARY
1. MINING LEGISLATION OF PRESENT RUSSIA
2. THE STATE SUBSOIL LICENSING SYSTEM
3. SPECIFIC FEATURES OF GRANTING THE SUBSOIL USE RIGHTS DURING CONCLUSION OF PSAS
4. TAXES, CHARGES, AND OTHER PAYMENTS FOR SUBSOIL USE
5. ON THE TRENDS OF THE RUSSIAN SUBSOIL LEGISLATION REFORM IN 2003 AND BEYOND
3.5.2 COMPARATIVE MINERAL LAW OF THE RUSSIAN FEDERATION AND CENTRAL ASIAN REPUBLICS
EXECUTIVE SUMMARY
1. INTRODUCTION
2. GENERAL LAWS GOVERNING THE SUBSURFACE
3. OWNERSHIP OF THE SUBSURFACE
4. DELIMITATION OF AUTHORITY OF STATE AGENCIES IN THE SPHERE OF SUBSURFACE USE
5. SECURITY OF TENURE
6. TYPES OF SUBSURFACE USE
7. TERMS OF SUBSURFACE USE
8. BASIS FOR GRANTING THE RIGHT FOR SUBSURFACE USE: SUBSURFACE USE LICENCES AND CONTRACTS
9. PROCEDURE FOR GRANTING SUBSURFACE USE RIGHTS AND TENDER REQUIREMENTS
10. ASSIGNMENT OF RIGHTS
11. RIGHTS AND OBLIGATIONS OF SUBSURFACE USERS AND LOCAL CONTENT REQUIREMENT
12. PRIORITY RIGHT OF THE STATE TO PURCHASE RAW MINERALS
13. TERMINATION AND SUSPENSION OF THE SUBSURFACE USE RIGHT
14. CONTRACT STABILISATION
15. GEOLOGICAL INFORMATION ON SUBSURFACE
16. STATE EXPERT EVALUATION
17. STATE REGISTER OF DEPOSITS AND STATE BALANCE SHEET OF MINERALS
18. RECLAMATION AND CONSERVATION
19. PAYMENTS FOR SUBSURFACE USE
20. CONCLUSIONS
SELECTED BIBLIOGRAPHY
3.6 EUROPEAN UNION
3.6.1 MINING LAW IN GERMANY
EXECUTIVE SUMMARY
1. INTRODUCTION
2. MINING LAW WITHIN A 'FEDERAL' FRAMEWORK
3. THE SCOPE OF THE FEDERAL MINING ACT
4. THE LEGAL SYSTEM OF THE MINING PERMITS
5. MINING OPERATION
6. CONCLUSION
SELECTED BIBLIOGRAPHY
3.6.2 INTERFACE BETWEEN MINERAL AND ENVIRONMENTAL LEGISLATION: THE EXAMPLE OF SWEDEN AS AN HISTORIC MINING COUNTRY IN THE EUROPEAN UNION
EXECUTIVE SUMMARY
1. EXTRACTION OF MINERALS AND THE EMERGENCE OF ENVIRONMENTAL LAND LEGISLATION
2. ENVIRONMENTAL CONSIDERATIONS IN THE CONTEXT OF THE MINING LAW PROCESS FROM PROSPECTING TO MINING
3. CONCLUSION
SELECTED BIBLIOGRAPHY
3.6.3 AN OVERVIEW OF THE LEGAL REGIME FOR MINERAL DEVELOPMENT IN THE UNITED KINGDOM
EXECUTIVE SUMMARY
1. INTRODUCTION
2. HISTORY AND BACKGROUND
3. MINERAL OWNERSHIP AND ASSOCIATED RIGHTS
4. TITLE AND TENURE
5. DEVELOPMENT RIGHTS
6. CONCLUSION
SELECTED BIBLIOGRAPHY
3.6.4 EUROPEAN COMMUNITY LEGISLATION ON MINING: RECENT INITIATIVES
EXECUTIVE SUMMARY
1. INTRODUCTION
2. CURRENT EC LEGISLATION AFFECTING THE MINING SECTOR
3. ACCIDENTS AND THE RESPONSE OF THE EC
4. THREE PROPOSED INITIATIVES
5. CONCLUSION
SELECTED BIBLIOGRAPHY
INDEX
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