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Arbitration of International Mining Disputes - Law and Practice by Burnett, Henry G; Bret, Louis-Alexis (16th February 2017)

Part I Host States, Mining Companies, and Mining Projects, 1 Host States

From: Arbitration of International Mining Disputes: Law and Practice

Henry G. Burnett, Louis-Alexis Bret

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 September 2019

Arbitral agreements — Arbitral tribunals — Arbitrators — Contract claims — Recognition and enforcement

This chapter is organized into two parts. The first part discusses the role of Host States. States have the power to regulate, manage, and tax the mining sector. Mining is heavily regulated due to its significant environmental and social impact. Host States are also parties to international mining disputes either as contracting parties or as regulators. States or State-owned mining companies enter into commercial agreements with respect to their mineral resources, which can result in contractual disputes, both domestic and international. The second part of the chapter describes the principal systems of mineral tenure. These include the landownership regime, which is the traditional system for the original ownership of underground minerals in common law countries. The State ownership regime, under which minerals in the subsoil belong to the State or are administered by the State on behalf of the nation, represents the most common approach to mineral tenure in civil law countries.

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