IDEAS home Printed from https://ideas.repec.org/a/spr/minecn/v32y2019i2d10.1007_s13563-018-0156-9.html
   My bibliography  Save this article

Balancing mining contracts and mining legislation: experiences and challenges

Author

Listed:
  • Evelyn Dietsche

    (UNU WIDER)

Abstract

This paper considers how to balance bilaterally negotiated mining contracts with mining legislation that applies to all companies. Its backdrop is the perception that mining contracts have become more widely used, especially in less-developed countries. Experiences have been mixed, prompting the questions of whether too much emphasis has been placed on them and whether this has come at the expense of strengthening sector legislation and the wider governance context for attracting investment. Drawing on a roundtable discussion convened for the 2017 Mining Seminar at the University of Dundee’s Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), the paper lays open the ambiguous discussion on mining contracts and legislation. It first reviews the rationale for the use of mining contracts and then discusses their impact on the stability of investment conditions, the risk of corruption, the administrative burden on governments and on the development of generally applicable mining legislation and regulations, before going on to explore some underlying issues at stake.

Suggested Citation

  • Evelyn Dietsche, 2019. "Balancing mining contracts and mining legislation: experiences and challenges," Mineral Economics, Springer;Raw Materials Group (RMG);Luleå University of Technology, vol. 32(2), pages 153-169, July.
  • Handle: RePEc:spr:minecn:v:32:y:2019:i:2:d:10.1007_s13563-018-0156-9
    DOI: 10.1007/s13563-018-0156-9
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s13563-018-0156-9
    File Function: Abstract
    Download Restriction: Access to the full text of the articles in this series is restricted.

    File URL: https://libkey.io/10.1007/s13563-018-0156-9?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Pietro Guj & Boubacar Bocoum & James Limerick & Murray Meaton & Bryan Maybee, 2013. "How to Improve Mining Tax Administration and Collection Frameworks : A Sourcebook," World Bank Publications - Reports 16700, The World Bank Group.
    2. James M. Otto, 2017. "How do we legislate for improved community development?," WIDER Working Paper Series 102, World Institute for Development Economic Research (UNU-WIDER).
    3. Scott, Anthony, 2008. "The Evolution of Resource Property Rights," OUP Catalogue, Oxford University Press, number 9780198286035.
    4. Evelyn Dietsche, 2017. "Political economy and governance," WIDER Working Paper Series wp-2017-24, World Institute for Development Economic Research (UNU-WIDER).
    5. Daron Acemoglu & Simon Johnson, 2005. "Unbundling Institutions," Journal of Political Economy, University of Chicago Press, vol. 113(5), pages 949-995, October.
    6. World Bank, 2012. "Mining Community Development Agreements : Source Book," World Bank Publications - Reports 12641, The World Bank Group.
    7. Evelyn Dietsche, 2017. "Political economy and governance," WIDER Working Paper Series 024, World Institute for Development Economic Research (UNU-WIDER).
    8. James M. Otto, 2017. "How do we legislate for improved community development?," WIDER Working Paper Series wp-2017-102, World Institute for Development Economic Research (UNU-WIDER).
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Evelyn Dietsche, 2020. "Taxing extractive resources in the transition to a low-carbon future," WIDER Working Paper Series wp-2020-125, World Institute for Development Economic Research (UNU-WIDER).

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Gunton, Cameron & Markey, Sean, 2021. "The role of community benefit agreements in natural resource governance and community development: Issues and prospects," Resources Policy, Elsevier, vol. 73(C).
    2. Alan R. Roe, 2018. "Extractive industries and development: Lessons from international experience for Mozambique," WIDER Working Paper Series 56, World Institute for Development Economic Research (UNU-WIDER).
    3. Alan R. Roe, 2018. "Extractive industries and development: Lessons from international experience for Mozambique," WIDER Working Paper Series wp-2018-56, World Institute for Development Economic Research (UNU-WIDER).
    4. James M. Otto, 2017. "The taxation of extractive industries: Mining," WIDER Working Paper Series wp-2017-75, World Institute for Development Economic Research (UNU-WIDER).
    5. Gunton, Cameron & Gunton, Thomas & Batson, Joshua & Markey, Sean & Dale, Daniel, 2021. "Designing fiscal regimes for impact benefit agreements," Resources Policy, Elsevier, vol. 72(C).
    6. Tony Addison & Alan R. Roe, 2018. "Extractives for development: Ten main messages," WIDER Working Paper Series 99, World Institute for Development Economic Research (UNU-WIDER).
    7. Kathryn Tomlinson, 2017. "Oil and gas companies and the management of social and environmental impacts and issues: The evolution of the industry's approach," WIDER Working Paper Series wp-2017-22, World Institute for Development Economic Research (UNU-WIDER).
    8. Kathryn Tomlinson, 2017. "Oil and gas companies and the management of social and environmental impacts and issues: The evolution of the industry’s approach," WIDER Working Paper Series 022, World Institute for Development Economic Research (UNU-WIDER).
    9. Vincent Géronimi & Claire Mainguy, 2020. "Exploitation minière et développement : des effets toujours controversés. Introduction," Mondes en développement, De Boeck Université, vol. 0(1), pages 7-29.
    10. James M. Otto, 2017. "The taxation of extractive industries: Mining," WIDER Working Paper Series 075, World Institute for Development Economic Research (UNU-WIDER).
    11. Eicher, Theo S. & Schreiber, Till, 2010. "Structural policies and growth: Time series evidence from a natural experiment," Journal of Development Economics, Elsevier, vol. 91(1), pages 169-179, January.
    12. Ofori, Isaac K. & Dossou, Toyo A. M. & Akadiri, Seyi S., 2021. "Towards The Quest To Reduce Income Inequality In Africa: Is There A Synergy Between Tourism Development And Governance?," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics.
    13. Kamilia Loukil, 2020. "Dynamic Panel Data Analysis Of The Impact Of Intellectual Property Rights On Entrepreneurship In Emerging And Developing Countries," Oradea Journal of Business and Economics, University of Oradea, Faculty of Economics, vol. 5(1), pages 40-48, March.
    14. Seiffert, Sebastian, 2015. "The Role of Economic Geography in Subnational African Development," VfS Annual Conference 2015 (Muenster): Economic Development - Theory and Policy 113186, Verein für Socialpolitik / German Economic Association.
    15. Czeglédi, Pál, 2009. "A tulajdonjogi biztonság szerepe a technológia elterjedésében [The role of property-law security in the spread of technology]," Közgazdasági Szemle (Economic Review - monthly of the Hungarian Academy of Sciences), Közgazdasági Szemle Alapítvány (Economic Review Foundation), vol. 0(9), pages 790-813.
    16. Andrea Ascani & Riccardo Crescenzi & Simona Iammarino, 2015. "Economic Institutions and the Location Strategies of European Multinationals in their Geographical Neighbourhood," LEQS – LSE 'Europe in Question' Discussion Paper Series 97, European Institute, LSE.
    17. Luigi Pascali, 2017. "The Wind of Change: Maritime Technology, Trade, and Economic Development," American Economic Review, American Economic Association, vol. 107(9), pages 2821-2854, September.
    18. Samaniego, Roberto M., 2013. "Knowledge spillovers and intellectual property rights," International Journal of Industrial Organization, Elsevier, vol. 31(1), pages 50-63.
    19. Bai, Ying, 2019. "Farewell to confucianism: The modernizing effect of dismantling China's imperial examination system," Journal of Development Economics, Elsevier, vol. 141(C).
    20. Alonso, José Antonio, 2007. "Inequality, institutions and progress: a debate between history and the present," Revista CEPAL, Naciones Unidas Comisión Económica para América Latina y el Caribe (CEPAL), December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:minecn:v:32:y:2019:i:2:d:10.1007_s13563-018-0156-9. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: . General contact details of provider: http://www.springer.com .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.