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Part I Commercial Arbitration in the Energy Sector, 6 Mining Disputes

Raphael J Heffron

From: International Arbitration in the Energy Sector

Edited By: Maxi Scherer

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 06 July 2022

Applicable law — Arbitration

This chapter looks at recurring questions relating to the mining of natural resources (including coal, uranium, iron ore, and titanium, to name a few) which are important for energy projects around the globe. Despite its long history — international commercial mining activity has been common since the early 1800s — the mining sector has never established its own legal framework or mining-specific international law. Hence, the chapter discusses how mining-related laws, regulations, and disputes are the cross-road of conflicting, and sometimes contradicting, drivers: economics, politics, and environmental protection. It also describes several mechanisms aimed at preventing disputes, and recurrent issues in the mining sector: these include environmental impact assessments, social licences to operate, so-called ‘clean-up obligations’, and increased transparency obligations. Finally, this chapter applies the concept of ‘energy justice’ to disputes in the mining sector.

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