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The Law and Governance of Mining and Minerals: A Global Perspective

The Law and Governance of Mining and Minerals: A Global Perspective

Author: Ana Elizabeth Bastida
Publisher: Hart Publishing
ISBN: 9781509942589

Published In: July 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849463454

List Price: HKD 493.87

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Contents

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This book explores a disciplinary matrix for the study of the law and governance concerning mining and minerals from a global perspective. The book considers the key challenges of achieving the goals of Agenda 2030 and the transition to low-carbon circular economies. The perspective encompasses the multi-faceted and highly complex interaction of multiple fields of international law and policy, soft law and standards, domestic laws and regulations as well as local levels of ordering of social relations.

What emerges is a largely neglected, unsystematised and under-theorised field of study which lies at the intersection of the global economy, environmental sustainability, human rights and social equity. But it also underlies the many loopholes to address at all levels, most notably at the local level – land and land holders, artisanal miners, ecosystems, local economies, local linkages and development. The book calls for a truly cosmopolitan academic discipline to be built and identifies challenges to do so. It also sets a research agenda for further studies in this fast-changing field.

1. Understanding the Law of Mining and Minerals from a Global Perspective

I. The Argument of this Book

II. Mineral Law from a Global Perspective: A Cosmopolitan View

III. Mineral Law in International Scholarship

IV. Law and the Governance of Mining and Minerals

V. The Purpose of this Book

VI. The Structure of this Book

2. Mining and Minerals, Actors and Governance from a Global Perspective

I. Minerals: 'The Third Kingdom of Nature'

II. Minerals in Global Production Networks

III. The Question of Minerals' 'Criticality' or 'Strategic' Status

IV. Mining: 'The Science, Technique and Business of Mineral Discovery and Extraction'

V. The Structure of the Mining Industry

VI. Actors and Governance

VII. Mining, Development and the Role of Law under International Policy and 'Scripts'

3. Mining and Minerals in International Law and Policy

I. Jurisdictional Basis for Controlling Resources: The Principle of Territorial Sovereignty

II. International Law: From Coordination to Cooperation

III. The Principle of Permanent Sovereignty Over Natural Resources

IV. The Environment, Natural Resources and Sustainable Development

V. Law, Sustainable Resources Management and the Paradigm of Sustainability

4. Mining and Minerals in Fields of International Law and Governance

I. Mining and Minerals in International Economic Law

II. Mining and Minerals in International Human Rights Law

III. Mining and Anti-Corruption Instruments

IV. The Responsibility of Transnational Corporations and Business Enterprises

V. Transnational Mining and Minerals Standards and Governance

5. Mining and Minerals Regimes in the Global Commons

I. Extent of Territorial Sovereignty Over Maritime Zones

II. Mining Regimes in the Global Commons

6. Mining Law Regimes at the Level of Nation-States (and their Interface with Local Levels)

I. Ownership and Jurisdiction Over Minerals in Situ

II. Typologies and Functions of Mining Law Regimes

III. The Interface with Land Rights

IV. The Principle of 'National Interest' or 'Public Purpose' in Mining and Minerals

V. From Th in Tenure Regimes to Th ick Regulation

VI. Mineral Law 'As Interfaces'

VII. Redefining the Disciplinary Matrix of Mineral Law for Sustainability

7. The Law and Governance of Mining and Minerals from a Global Perspective: 'An Overarching Vision'

I. Conclusions

II. A Research Agenda

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