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International and Comparative Mineral Law and Policy by

International and Comparative Mineral Law and Policy

Edited by Elizabeth Bastida, Thomas Waelde, Janeth Warden
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Overview

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.

Publish Date 03/10/2005
Product Line Kluwer Law International
ISBN 9789041121165
SKU 10057976-0001
Table of Contents
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
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