The Law and Governance of Mining and Minerals

Environmental / Energy Law

The Law and Governance of Mining and Minerals

By Ana Elizabeth Bastida
Hart Publishing December 2020

Specifications

ISBN-13
9781849463454
Publisher
Hart Publishing
Publication
December 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Legal regimes for mining are experiencing enormous changes in the context of globalisation and against a backdrop of widespread expectation that mining should minimise its sustainability footprint and contribute to broad-based development.

Traditionally the focus of legal regimes for mining was on defining property rights to facilitate extraction; today, by contrast, the key challenge is to establish a basis for sustainable governance. What this means is that legal regimes for mining are expected to embody key principles and cooperative rules of engagement for integrated management that are effective, transparent, accountable and inclusive, as well as being oriented towards sustainable development. This book seeks to explore these issues, and the challenges facing those charged with designing and enforcing agreements made in an ever-more complex mining environment.

Table of Contents

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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