Social License and Dispute Resolution in the Extractive Industries

Arbitration / Mediation / Litigation

Social License and Dispute Resolution in the Extractive Industries

Edited by Cory H. Kent · Shaheeza Lalani · Georgios Petrochilos · Andreas Ziegler
Brill Nijhoff March 2021

Specifications

ISBN-13
9789004450103
Publisher
Brill Nijhoff
Publication
March 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries. With its combined academic and practical perspective, the book focuses on mining disputes and addresses a broad array of issues, such as third party funding, grievance and redress, as well as the protection of human rights and the environment. In addition, it is the first work in the market that discusses the proposed rules of the world's first and only Global Natural Resources Dispute Resolution Center (GNDC).

Table of Contents

Foreword
Thomas Cottier
Notes on Contributors Introduction
Lorraine de Germiny, Joachim Knoll and Timothy Foden
PART 1. Dispute Resolution in the Extractive Industries
1. Third-Party Funding in International Arbitration - Current Status, Development and Cases Involving Mining Disputes
Boris Biksadsky, Stefano Paolo Catelani and Vernon T. Nava
2. The Global Natural Resources Dispute Resolution Centre and a Practical Guide to Its Draft Rules
Darrell W. Podowski, Zaid Jivani and Caroline Ming
3. Assessing Investor Misconduct In Mining Disputes - Legality Requirements, Clean Hands, and Contributory Fault
Johannes Hendrik Fahner
Part 1 Conclusion: The Increasing Need for Global Transparency in the Extractive Industries
Xavier Favre-Bulle and Celia Huart
PART 2. Consultation and Social License
4. A License to Mine: Seeking the Approval of Affected Communities through Operational-Level Grievance Mechanisms
Basak Baglayan
5. International Law Challenges to Peruvian Mining Regulation
Clara Maria Lopez Rodriguez
6. Social License to Operate: Gold Mining in Kyrgyzstan
Luke Grenfell-Shaw and Kemel Toktomushev
7. Deep Seabed Mining: the Next Frontier in International Investment Law
Patricia Cruz Trabanino
Part 2 Conclusion and Commentary
The Social License to Operate: Beyond Compliance and Risk Management
Laurent Develle
General Conclusion
Stephane Brabant and Katherine Simpson
Index
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