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Mining and the Law in Africa

Mining and the Law in Africa
Author: Victoria R. Nalule
Publisher: Springer Nature
Total Pages: 104
Release: 2019-11-22
Genre: Social Science
ISBN: 3030330087

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​The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.


Mining Law and Governance in Africa

Mining Law and Governance in Africa
Author: Victoria R. Nalule
Publisher: Taylor & Francis
Total Pages: 254
Release: 2023-06-09
Genre: Law
ISBN: 1000869547

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This book explores the various issues that characterise the African mining sector, drawing examples from different African countries and regional organisations. Although there is a massive literature on the subject, some issues have been neglected, including the crucial role of digitalisation and technological advancement in resolving the environmental and social challenges faced in Artisanal and Small-Scale Mining (ASM), deep-sea mining, mining contract negotiations and modernising mining laws to reflect the increasing role of critical minerals, to mention but a few. Therefore, the book unpacks the critical issues associated with the mining sector, explicitly reflecting on the practical solutions needed to address the challenges in the African mining sector. This book uniquely analyses and adds flavour to international mining’s fundamental concepts by describing a simulated annealing-based approach appropriate for complex mining projects in Africa. Book contributors comprise of academics from different universities including professors, practitioners, government policymakers, NGO executives and a variety of different experts. This multidisciplinary book will be of interest to African policymakers, governments, academics, industry professionals, energy and mining institutions, international organisations, universities across the globe and companies.


Mineral Mining in Africa

Mineral Mining in Africa
Author: Evaristus Oshionebo
Publisher: Routledge
Total Pages: 360
Release: 2022-02-24
Genre:
ISBN: 9780367616359

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This book analyses the legal and fiscal frameworks for hard rock mining in several African countries. It engages in a comparative analysis of mining codes in Africa with regard to multiple topics.


Mining Africa. Law, Environment, Society and Politics in Historical and Multidisciplinary Perspectives

Mining Africa. Law, Environment, Society and Politics in Historical and Multidisciplinary Perspectives
Author: Artwell Nhemachena
Publisher: African Books Collective
Total Pages: 394
Release: 2017-05-01
Genre: Social Science
ISBN: 9956764566

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This book is a pacesetter in matters of mining and the environment in Africa from multidisciplinary and spatio-temporal perspectives. The book approaches mining from the perspectives of law, politics, archaeology, anthropology, African studies, geography, human ecology, sociology, history, economics and development. It interrogates mining and environment from the perspectives of customary law as well as from the perspectives of Euro-modern laws. In this sense, the book straddles precolonial, colonial and postcolonial mining and environmental perspectives. In all this, it maintains a Pan-Africanist perspective that also speaks to contemporary debates on African Renaissance and to the unity of Africa. From scrutinising the lived realities of African miners who are often insensitively and unjustly addressed as illegal miners, the book also interrogates transnational mining corporations; matters of corporate social responsibility as well as matters of tax evasions by transnational corporations whose commitment to accountability to African governments is questioned. With both theoretical chapters and chapter based on empirical studies on mining and the environment across the African continent, the book provides a much needed holistic, one stop shop for scholars, activists, researchers and policy makers who need a comprehensive treatise on African mining and the environment. The book comes at the right time when matters of African mining and environment are increasingly coming to the fore in the light of discourses about the new 21st century scramble for African resources, in which big transnational corporations and nations are jostling to suck Africa dry in their race to control planetary resources. It is a book that speaks to contemporary broader issues of (de-)coloniality and transformation of African minds and African environmental resources.


Extractives Industry Law in Africa

Extractives Industry Law in Africa
Author: Damilola S. Olawuyi
Publisher: Springer
Total Pages: 354
Release: 2018-09-11
Genre: Law
ISBN: 3319976648

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The book provides a systematic examination of the legal, fiscal and institutional frameworks for the commercial development of petroleum and solid mineral resources in Africa. First, it considers the values, assumptions, and guiding principles underpinning legislation and governance in Africa’s extractive sector. It then provides detailed and comparative evaluations of regulatory frameworks, pricing, local content, procurement, sales, and contractual arrangements across African extractive industries. Further, the book assesses how questions of business and human rights risks, accountability, corporate social responsibility, waste and pollution control, environmental justice, and participatory development have been addressed to date, and how they could be addressed better in the future. Enhancing readers’ understanding of the geography, sources and scope of extractive resources in Africa, the book explains how corporations can effectively identify, mitigate and prevent legal and business risks when investing in African extractive industries. Lastly, it discusses the innovative legal strategies and tools needed to achieve a sustainable and rights-based extractive industry.Written in a user-friendly style, the book offers a valuable resource for corporations, investors, environmental and human rights administrators, advocates, policymakers, judges, international negotiators, government officials and consultants who advise on, or are interested in, petroleum and solid mineral investments in Africa. It also offers students and researchers an authoritative guidebook to the current state of extractive industry laws and institutions in Africa. Numerous examples of how international legal norms could be used to help revitalize the underlying legal and fiscal regimes in African extractive industries – to make them more robust, accountable, sustainable and rights-based – round out the coverage


Oil, Gas and Mining Law in Africa

Oil, Gas and Mining Law in Africa
Author: Thierry Lauriol
Publisher:
Total Pages: 588
Release: 2018-09-28
Genre: Technology & Engineering
ISBN: 9781485127079

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Oil, Gas and Mining Law in Africa analyses the mining and petroleum laws in African countries and includes an assessment of contractual aspects applicable to oil, gas and mining operations.


Foreign Mining Investment Law

Foreign Mining Investment Law
Author: Richard W. Roeder
Publisher: Springer
Total Pages: 200
Release: 2016-06-28
Genre: Law
ISBN: 3319312170

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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.


Mining Law and Economic Policy

Mining Law and Economic Policy
Author: Akua Debrah
Publisher: Springer Nature
Total Pages: 168
Release: 2022-10-11
Genre: Law
ISBN: 3031070488

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This book explores the impacts of current mining licensing regimes in Africa and how they influence sustainable development principles. International law and conventions on mining are used as a lens to examine a regionalized perspective of the history of mining law and customary land law. Alternative approaches are then suggested, through a comparative and sovereignty-based study of mining laws and policies, to see how the challenge of uneven development can be combatted using minerals. This book aims to highlight how mineral possessions can transform communities if the economic policies, customary law structures, and the geopolitical landscape guarantee inclusivity and equal partnerships. It will be relevant to researchers and policymakers interested in mineral economics, mining law, and African economies.


Mineral Mining in Africa

Mineral Mining in Africa
Author: Evaristus Oshionebo
Publisher: Routledge
Total Pages: 277
Release: 2020-11-11
Genre: Law
ISBN: 1351055526

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Africa is endowed with commercially viable quantities of several minerals and metals, and, more than ever before, African countries wish to harness their mineral resources for their economic development. The African mining sector has witnessed a revolution in terms of new mining codes and amendments to extant mining codes, which are designed to achieve a multitude of objectives, including the assertion of greater control over exploitation of mineral resources; optimization of resource royalties and taxes; promotion of equity participation in mining projects; enhancement of indigenization in the form of domestic participation in mineral production and local content requirements; value addition and beneficiation in terms of domestic processing of raw mineral ores and metals in Africa; and the promotion of sustainable practices in the mining sector. This book analyzes the legal and fiscal frameworks for hard-rock mining in several African countries including Botswana, Democratic Republic of Congo, Ethiopia, Ghana, Guinea, Kenya, Namibia, Nigeria, Liberia, Tanzania, Sierra Leone, South Africa, South Sudan, Zambia, and Zimbabwe, with reference to other resource-rich countries. It engages in a comparative analysis of mining statutes in Africa with regard to topics such as the acquisition of mineral rights; types of mineral rights; the nature of mineral rights; the rights and obligations of mineral right holders; security of mineral tenure; surface rights; fiscal regimes including royalty and tax regimes; resource nationalism in the mining sector; management and utilization of mining revenues including benefit-sharing arrangements between mining companies and host communities; environmental stewardship; and sustainable exploitation of mineral resources.


Mining in Africa

Mining in Africa
Author: Bonnie Campbell
Publisher: IDRC
Total Pages: 290
Release: 2009-06-15
Genre: Business & Economics
ISBN: 074532939X

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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.