International and Comparative Mineral Law and Policy


Book Description

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.




The Law and Governance of Mining and Minerals


Book Description

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.




The Law and Regulation of Mining


Book Description

This casebook explores the law of hard minerals, as opposed to oil and gas law. It presents the law dealing with mineral estates, mining easements, mineral leases, and mining operations on private land, with particular reference to state and federal regulatory schemes inherent in the federal Surface Mining Control and Regulation Act of 1977 (SMCRA), as amended. From the mine, the book follows the stream of commerce for coal to the electric utility plant, exploring its transportation and the energy and environmental law regulatory schemes applicable at many points along the way, with particular reference to utility rate regulation and the Clean Air Act amendments from the 1970s forward.




Law and Regulation of Commercial Mining of Minerals in Outer Space


Book Description

This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.




Hardrock Mining on Federal Lands


Book Description

This book, the result of a congressionally mandated study, examines the adequacy of the regulatory framework for mining of hardrock mineralsâ€"such as gold, silver, copper, and uraniumâ€"on over 350 million acres of federal lands in the western United States. These lands are managed by two agenciesâ€"the Bureau of Land Management in the Department of the Interior, and the Forest Service in the Department of Agriculture. The committee concludes that the complex network of state and federal laws that regulate hardrock mining on federal lands is generally effective in providing environmental protection, but improvements are needed in the way the laws are implemented and some regulatory gaps need to be addressed. The book makes specific recommendations for improvement, including: The development of an enhanced information management system and a more efficient process to review new mining proposals and issue permits. Changes to regulations that would require all mining operations, other than "casual use" activities that negligibly disturb the environment, to provide financial assurances for eventual site cleanup. Changes to regulations that would require all mining and milling operations (other than casual use) to submit operating plans in advance.




Canadian Law of Mining


Book Description

"A comprehensive study of Canadian mining law, including ownership rights, claim-staking, disposition and transfers of mining rights, interests and royalties, acquisition of rights and interests from the Crown, withdrawal of lands from mining, surface rights, and mining issues related to native lands. New chapters relating to CSR and international perspectives will be added as well."--




Mineral Law


Book Description




Montana Water Law


Book Description




Encyclopedia of Mineral and Energy Policy


Book Description

This Encyclopedia provides a cutting-edge, up-to-date reference source on mineral and energy policies around the world. It offers information on GDP, population, investment scenarios and current environmental regulations in over one hundred thirty countries from 13 geographic regions around the world. It covers topics such as geo-conservation, deep mining technology as well as rare earth, green technology and international organizations that are actively involved in minerals and energy through exploration, arbitration, marketing and investment. Topical entries are presented alphabetically with extensive cross-referencing to ensure user-friendly reading. This Encyclopedia presents the work of more than 20 section editors and more than 100 international experts in the fields of mineral and energy policies. It is designed as a essential resource for researchers, students, libraries, industry, governments, and international organizations and presents a wealth of insights and guidance for corporate planning regarding exploration and financial investments, as well as for venture capitalist and international funding bodies. As such, it provides an indispensable point of reference for future research on mineral and energy policy.




Justice and Natural Resources


Book Description

Just over two decades ago, research findings that environmentally hazardous facilities were more likely to be sited near poor and minority communities gave rise to the environmental justice movement. Yet inequitable distribution of the burdens of industrial facilities and pollution is only half of the problem; poor and minority communities are often denied the benefits of natural resources and can suffer disproportionate harm from decisions about their management and use. Justice and Natural Resources is the first book devoted to exploring the concept of environmental justice in the realm of natural resources. Contributors consider how decisions about the management and use of natural resources can exacerbate social injustice and the problems of disadvantaged communities. Looking at issues that are predominantly rural and western -- many of them involving Indian reservations, public lands, and resource development activities -- it offers a new and more expansive view of environmental justice. The book begins by delineating the key conceptual dimensions of environmental justice in the natural resource arena. Following the conceptual chapters are contributions that examine the application of environmental justice in natural resource decision-making. Chapters examine: how natural resource management can affect a range of stakeholders quite differently, distributing benefits to some and burdens to others the potential for using civil rights laws to address damage to natural and cultural resources the unique status of Native American environmental justice claims parallels between domestic and international environmental justice how authority under existing environmental law can be used by Federal regulators and communities to address a broad spectrum of environmental justice concerns Justice and Natural Resources offers a concise overview of the field of environmental justice and a set of frameworks for understanding it. It expands the previously urban and industrial scope of the movement to include distribution of the burdens and access to the benefits of natural resources, broadening environmental justice to a truly nationwide concern.