The Law and Governance of Mining and Minerals

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

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