The law and governance of mining and minerals : a global perspective

Author(s)

    • Bastida, Ana Elizabeth

Bibliographic Information

The law and governance of mining and minerals : a global perspective

Ana Elizabeth Bastida

(Global energy law and policy / series editors, Peter D Cameron, Pieter Bekker, Volker Roeben, v. 3)

Hart, 2020

  • : hb

Available at  / 1 libraries

Search this Book/Journal

Note

Bibliography: p. [184]-195

Includes index

Description and Table of Contents

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.

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

by "Nielsen BookData"

Related Books: 1-1 of 1

Details

Page Top