International and Comparative Mineral Law and Policy: Trends and Prospects

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Elizabeth Bastida, Thomas W. Waelde, Janeth Warden-Fernández
Kluwer Law International B.V., 01/01/2005 - 1114 páginas
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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.
 

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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
1037
1112
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