International and Comparative Mineral Law and Policy: Trends and ProspectsElizabeth Bastida, Thomas W. Waelde, Janeth Warden-Fernández Kluwer Law International B.V., 01/01/2005 - 1114 páginas 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. |
Índice
INTRODUCTION AND OVERVIEW | 1 |
CHAPTER | 3 |
Introduction | 38 |
Present Trends in Mining Law Reform | 47 |
CHAPTER 2 | 58 |
The Next Wave of Reforms in Mining Law | 60 |
Conclusion | 68 |
How Do Investors Make Mining Investment Decisions? | 74 |
The Four Building Blocks of an Effective Policy | 497 |
Achieving Sustainability | 502 |
What is Produced? | 508 |
Conclusions | 514 |
Current Situation of Taxes Aimed at Profits | 524 |
Selected Bibliography | 530 |
Political Risk Cover | 536 |
Ratings Issues | 538 |
Adverse Change of Law | 80 |
Constitutional Recognition of Property Rights and Rights of Foreign Investors | 88 |
Investment Agreements with Governments | 89 |
Political Risk Insurance | 94 |
The Importance of Utmost Probity | 96 |
Selected Bibliography | 97 |
A LESSON LEARNT FROM ANGLOUS MINING CONCESSIONS IN SOVIET RUSSIA 19201925 | 99 |
Vanderlip 1920 Vint 192124 Sinclair 192123 | 100 |
The Urquhart Negotiations 19211922 | 105 |
The 1925 SovietGerman Treaty | 116 |
The Lena Goldfields Concession Agreement 1925 | 118 |
Conclusions | 123 |
Bibliography | 124 |
INTERNATIONAL LAW AND MINERAL RESOURCES DEVELOPMENT | 127 |
The Changing View of the Industry | 128 |
Sustainable Development in Mining | 129 |
How International Law Works | 130 |
How National Courts Harden Soft Law | 131 |
International Environmental Soft Law for Mining | 132 |
Other IGO Soft LawMaking Efforts | 135 |
Mining Access Control Laws | 137 |
Mining Process Controls | 141 |
Product Controls | 143 |
Conclusion | 145 |
Selected Bibliography | 146 |
INTERNATIONAL LAW | 149 |
International Law on Sustainable Development and Mining | 160 |
Conclusions | 167 |
Background to the Regulations | 178 |
Conclusions | 194 |
Filling the Governance Gap | 202 |
Developments in the World Bank Group | 208 |
The Need for Better Governance | 214 |
From Hard Law to Soft Law in the Global Natural Resources | 220 |
Key Players | 225 |
Do the Natural Resource and Energy Industries Need a Special License to Operate | 233 |
Practical Management of International Standards | 242 |
CHANGE CONVENTION | 249 |
The Kyoto Protocol | 255 |
Conclusions | 263 |
Public Participation Requirements in International Environmental Law Documents | 269 |
Participation Rights of Particular Groups | 275 |
IMPLICATIONS | 283 |
Host State Policy Responses and Implications for Investment in the Resources Sector | 300 |
Selected Bibliography | 307 |
A NEW GENERATION OF RISK? | 311 |
Impacts of Host Community Hostility Risk | 319 |
Policy Options | 326 |
Introduction | 333 |
Review of Underlying BaseLine Studies Impact and Risk Assessments | 343 |
Conclusions | 349 |
The Gestation Period Security of Tenure and Regulation | 362 |
Summary and Recommendations | 370 |
Different Kinds of Dealings in Mineral Properties and Different Systems | 376 |
Restrictions on Dealings | 378 |
Due Diligence in Developing Countries | 394 |
Selected Bibliography | 407 |
Selected Bibliography | 423 |
Introduction | 431 |
Intergovernmental Organisations | 444 |
Corporate Responses | 458 |
What is the Minerals Industry? | 471 |
Mergers and Acquisitions | 484 |
REVENUE SHARING | 549 |
Impacts of Decentralisation Revenue Sharing and Resource Development Projects | 557 |
Summary and Conclusions | 566 |
The Debate | 577 |
Conclusions | 584 |
Introduction | 590 |
Economic Linkages | 599 |
Selected Bibliography | 605 |
INDUSTRY | 607 |
Render Unto Caesar | 613 |
Selected Bibliography | 619 |
Do We Need Predictive Indicators for Systemic Crisis? | 626 |
Abandoned Mines the Legacy of Inappropriate Insufficient and NonExistent | 632 |
Selected Bibliography | 638 |
ZEALAND AND AUSTRALIA AND THE RIGHT OF FREE ENTRY | 643 |
Australia | 653 |
THE AUSTRALIAN EXPERIENCE | 661 |
Compensation | 672 |
Aboriginal Heritage | 679 |
The Substantive Provisions of Mining Agreements | 686 |
Conclusion | 692 |
DESTROYED THE US MINING INDUSTRY? | 697 |
AND INDIGENOUS PEOPLE | 713 |
MINES IN THE US | 727 |
Origins of the Model | 743 |
Conclusion | 756 |
SHARING EXPERIENCES | 769 |
a General Overview | 784 |
Conclusions | 797 |
AFRICA AND CORPORATE RESPONSIBILITY | 801 |
Three Generations of Mining Codes | 810 |
Conclusions | 816 |
LAW AS APPLIED IN THE FORMATION OF THE NEW SOUTH AFRICAN | 823 |
Various Administrative Law Principles | 831 |
Right to Administrative Appeal Judicial Review and Judicial Appeal | 838 |
Classification of Minerals | 845 |
NAMIBIA | 853 |
The Regional Perspective of Mining Activities | 867 |
Conclusion | 870 |
the Emergence of a Global Position | 884 |
Conclusion | 899 |
Landowner Compensation | 915 |
Selected Bibliography | 930 |
Mining Policy Background and Overview | 936 |
Policy and Implementation Issues | 949 |
The Withdrawal of BHP | 962 |
The State Subsoil Licensing System | 978 |
Taxes Charges and Other Payments for Subsoil Use | 995 |
AND CENTRAL ASIAN REPUBLICS | 1009 |
Types of Subsurface Use | 1016 |
Rights and Obligations of Subsurface Users and Local Content Requirement | 1022 |
Geological Information on Subsurface | 1030 |
Executive Summary | 1037 |
Mining Law within a Federal Framework | 1043 |
The Legal System of the Mining Permits | 1049 |
Conclusion | 1062 |
Extraction of Minerals and the Emergence of Environmental Land Legislation | 1068 |
Conclusion | 1078 |
DEVELOPMENT IN THE UNITED KINGDOM | 1081 |
INITIATIVES | 1095 |
Conclusion | 1108 |
1112 | |
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International and Comparative Mineral Law and Policy: Trends and Prospects Elizabeth Bastida,Thomas W. Waelde,Janeth Warden-Fernández Pré-visualização limitada - 2005 |
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