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

Autor Ana Elizabeth Bastida
en Limba Engleză Paperback – 27 iul 2022
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.
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Specificații

ISBN-13: 9781509942589
ISBN-10: 1509942580
Pagini: 208
Dimensiuni: 156 x 234 mm
Greutate: 0.35 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Global Energy Law and Policy

Locul publicării:London, United Kingdom

Caracteristici

Engages with current developments on strategic minerals for a carbon-constrained future

Notă biografică

Ana Elizabeth Bastida is a Lecturer at the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee.

Cuprins

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 PerspectiveI. 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. ConclusionsII. A Research Agenda

Recenzii

Bastida's book is highly recommended reading for the gamut of people and actors with diverse relationships to the worldwide mining industry, whether as lawyer, academic, governmental decision-maker, social catalyst or socially conscientious investor or consumer.

Descriere

Legal regimes for mining are experiencing enormous changes. Whereas before they focused on property rights facilitating extraction, they now embody principles oriented towards sustainable development. This book explores the challenge of developing agreements in such a complex landscape.