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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.
Based on studies from countries in Africa, South America and Asia, looks at small-scale mining activities which often are both illegal and environmentally damaging, and dangerous for workers and their communities. Gives an overview on the issues and challenges involved, concluding about how sustainable development can be achieved.
Liberalisation of the mining sector in Africa in the 1980s: a developmental perspective. II.
The continent of Africa is rich in minerals needed by Western economies, but rather than forming the basis for economic growth the mining industry contributes very little to African development Investigating the impact of the 2003 Extractive Industries Review on a number of African countries, the contributors find the root of the problem in the controls imposed on the African countries by the IMF and World Bank. They aim to convince academics, governments and industry that regulation needs to be reformed to create a mining industry favourable towards social, economic and environmental development. The book takes a multidisciplinary approach and provides a historical perspective of each country, making it ideal for students of development studies and development organizations.
This work analyzes and compares the legal framework for foreign investments in the mining sector in Australia, South Africa and Colombia. The admission of foreign investments, corporate structure requirements, ownership of minerals and mineral rights, mining licenses, land access, performance requirements, distribution of profits and the tax regime, repatriation of profits, national and international dispute resolution mechanisms and the question of the Social License to Operate (SLO) / Corporate Social Responsibility (CSR) policies are discussed in detail. The work concludes with an outlook on the future regulation of foreign mining investments and finally suggests the development of an International Mining Investment Law.
This book discusses the history of royalties and the types currently in use, covering issues such as tax administration, revenue distribution and reporting. It identifies the strengths and weaknesses of various royalty approaches and their impact on production decisions and mine economics. A section on governance looks at the management of mining revenue by governments and the need for transparency. There is an attached CD with examples of royalty legislation from over 40 countries.
This Technical Assistance report reviews South Africa’s tax system and also examines the fiscal regime with a view to generating a sustainable revenue contribution from mining and petroleum in future. Mining has historically been the mainstay of the South African economy. Mineral exports remain the principal contributor to foreign exchange earnings on the current account. South Africa is not yet a significant producer of crude oil or natural gas. Oil and gas exploration nevertheless shows promise. Taxation is far from top of the list in current challenges facing the development of extractive industries in South Africa. The national goal of economic and social transformation in favor of Historically Disadvantaged South Africans has major impact on the mining sector.