Law and Regulation of Commercial Mining of Minerals in Outer Space

Author: Ricky Lee

Publisher: Springer Science & Business Media

ISBN: 9400720394

Category: Law

Page: 372

View: 3447

This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
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Who Owns the Moon?

Extraterrestrial Aspects of Land and Mineral Resources Ownership

Author: Virgiliu Pop

Publisher: Springer Science & Business Media

ISBN: 1402091354

Category: Science

Page: 176

View: 3731

This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question “Who owns the Moon?” The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension – that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.
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Foreign Mining Investment Law

The Cases of Australia, South Africa and Colombia

Author: Richard Roeder

Publisher: Springer

ISBN: 3319312170

Category: Law

Page: 200

View: 8137

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.
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Exclusive Use in an Inclusive Environment

The Meaning of the Non-Appropriation Principle for Space Resource Exploitation

Author: Philip De Man

Publisher: Springer

ISBN: 3319387529

Category: Law

Page: 481

View: 1237

This book aims to find a workable interpretation of the non-appropriation principle that is compatible with both the existing international space law framework and the move of the private space industry towards the mining of asteroids and other celestial bodies. It does so by analysing the rules on the use of orbits as limited natural resources as a concrete indication of how space resources can be exploited by one user while respecting the non-appropriation principle and the interests of other users in space. This analysis is complemented by a thorough review of the meaning of property rights in the context of the existing international space law regime. This allows the author to distinguish between the lawful exploitation and unlawful appropriation of resources in a manner that could pave the way for a workable asteroid mining regime that takes into account the needs of individual companies and the international community. Exclusive use in an inclusive environment frames the legal regime of the exploitation of natural resources in outer space as the most pressing example to date of the tension that arises between the rights of a single spacefaring actor and the interests of the broader international community. Though academic in its approach in dealing with one of the most fundamental issues of space law to date, the book has very practical ambitions. By offering a pragmatic interpretation of the space law principles that are likely to remain the legal foundations of asteroid mining for the foreseeable future, Exclusive use in an inclusive environment hopes to inform academics, practitioners and policymakers alike in their future attempts at working out a fair, equitable and effective management regime for the exploitation of natural resources in outer space.
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Private Law, Public Law, Metalaw and Public Policy in Space

A Liber Amicorum in Honor of Ernst Fasan

Author: Patricia Margaret Sterns,Leslie I. Tennen

Publisher: Springer

ISBN: 3319270877

Category: Law

Page: 275

View: 7354

The law of outer space is rapidly evolving to adapt to changes in the economic drivers as well as advancements in technological capabilities. The contents of this book are a reflection of this changing environment as evidenced in the writings of the second and third generations of space lawyers. Theoretical aspects of space law are explored by chapters relating to fundamental concepts central to the corpus juris spatialis. Practical aspects of space law are probed by examinations into international and domestic regulation of commercial activities, with particular emphasis on African, Asian, and European perspectives. International policy considerations are scrutinized in relation to military uses of outer space. The scientific Search for Extraterrestrial Intelligence (SETI) is the subject of a concise history of the discipline vis-a-vis the role of the SETI Permanent Committee of the International Academy of Astronautics (IAA), and also of a study of the policy and other ramifications of social media in the event of the discovery of intelligent extraterrestrial beings. The book concludes with the republication of the seminal and highly influential Relations With Alien Intelligences The Scientific Basis of Metalaw by Dr. Ernst Fasan, first published in 1970. Scholar, author, and attorney Ernst Fasan was among the original space lawyers, a small, pioneering group of visionaries who recognized that the movement of man into space must be accomplished without the shackles of history and in an environment free from the threat of the use of space as an instrument of armed aggression. The influence of Dr. Fasan has extended beyond the international legal community to the broader scientific community, especially to the field of astrobiology, as he pursued groundbreaking investigations into what could be the ultimate in legal relationships - metalaw - the interaction of sentient beings from different planets. The contributors to this Liber Amicorum are among those who can trace their own work to the foundations of space law placed in part by Ernst Fasan.
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Space Mining and Its Regulation

Author: Ram Jakhu,Joseph N. Pelton,Yaw Otu Mankata Nyampong

Publisher: Springer

ISBN: 3319392468

Category: Technology & Engineering

Page: 181

View: 2831

This book addresses the complex technical challenges presented by remote space mining in terms of robotics, remote power systems, space transport, IT and communications systems, and more. It also addresses the difficult oversight and regulatory issues that face states and non-state enterprises that would take on the perilous task of obtaining natural resources from the Moon and asteroids. An increasing number of countries are becoming involved in space-related activities that were previously carried out primarily by the United States and the USSR (now the Russian Federation). How these regulatory endeavors might be handled in international treaties, standards, codes of conduct or other means have become a truly international political issue. And there is yet another issue. In the past, space activities traditionally fell under the exclusive domain of government. But the last few years have seen the emergence of the private sector of "space entrepreneurs." This poses many challenges for the pre-existing governance regimes and state-based conceptions of international law. This book examines the adequacies and ambiguities in treaty provisions and national laws and in currently accepted practices involving the growing exploration and exploitation of space-based natural resources.
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Global Space Governance: An International Study

Author: Ram S. Jakhu,Joseph N. Pelton

Publisher: Springer

ISBN: 3319543644

Category: Political Science

Page: 767

View: 1695

This book is based on the findings, conclusions and recommendations of the Global Space Governance study commissioned by the 2014 Montreal Declaration that called upon civil society, academics, governments, the private sector, and other stakeholders to undertake an international interdisciplinary study. The study took three years to complete. It examines the drivers of space regulations and standards, key regulatory problems, and especially addresses possible improvements in global space governance. The world's leading experts led the drafting of chapters, with input from academics and knowledgeable professionals in the public and private sectors, intergovernmental organizations, and nongovernmental organizations from all the regions of the world with over 80 total participants. This book and areas identified for priority action are to be presented to the UN Committee on the Peaceful Uses of Outer Space and it is hoped will be considered directly or indirectly at the UNISPACE+50 event in Vienna, Austria, in 2018. The report, a collective work of all the contributors, includes objective analysis and frank statements expressed without pressure of political, national, and occupational concerns or interest. It is peer-reviewed and carefully edited to ensure its accuracy, preciseness, and readability. It is expected that the study and derivative recommendations will form the basis for deliberations and decisions at international conferences and meetings around the world on the theme of global space governance. This will hopefully include future discussion at the UN Committee on the Peaceful Uses of Outer Space.
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The Power of the Mine

A Transformative Opportunity for Sub-Saharan Africa

Author: Sudeshna Ghosh Banerjee,Zayra Romo,Gary McMahon,Perrine Toledano,Peter Robinson,Inés Pérez Arroyo

Publisher: World Bank Publications

ISBN: 1464802939

Category: Business & Economics

Page: 170

View: 2702

The mining industry could play a key role in Africa s energy sector, since it requires power in large quantity and reliable quality to run its processes. The integration of mining with power system development, with appropriate risk mitigation mechanisms, could bring a win-win solution to utilities, mines, and people at large.
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Hunt on Mining Law of Western Australia

Author: Michael W. Hunt,Tim Kavenagh,James Hunt

Publisher: N.A

ISBN: 9781760020323

Category: Mining law

Page: 394

View: 1588

Hunt on Mining Law of Western Australia has been established for more than 32 years as an essential reference for all legal issues relating to the mining industry. Although it deals with the law as applied to exploration and mining in Western Australia, it is of use to mining law practitioners in other States and the Northern Territory because there are many common principles of mining law throughout Australia and because the book deals extensively with topics of native title, environmental protection and mines safety - topics of general application, as is much of the case law discussed in the book.This new edition, the fifth, will be widely and warmly welcomed. Michael Hunt has been joined as co-author by Tim Kavenagh, a Western Australian mining lawyer with over 30 years' experience both as a barrister appearing in the courts on mining matters and as an in-house counsel to major corporations. James Hunt is the third co-author, and involved on a daily basis with mining-related commercial activity, mining tenure advice and Warden's Court matters.Many changes have taken place in Western Australian mining law since the previous edition was published seven years ago - 10 amendments to the Mining Act and 20 amendments to the Mining Regulations. In that period, there has been a substantial volume of case law through decisions in the High Court, the Supreme Court and the Warden's Court. Other significant changes have arisen as a result of more experience of the impact of the Native Title Act on the application of mining law and because the intervening seven years have enabled the authors to gain much practical experience with the processes for proceedings before the Warden, which were new and untested when the fourth edition was published.The authors have expanded the scope of the book to include new chapters on environmental protection and mines safety. Extensive cross-referencing to AMPLA (the Resources and Energy Law Association) articles has been included to assist readers in finding deeper analysis of issues.The new edition reflects all these changes and states the law as at 1 June 2015. The basic structure of previous editions is retained - chapter-by-chapter commentary which follows the layout of the Mining Act itself.
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Mining Law and Policy

International Perspectives

Author: John Southalan

Publisher: N.A

ISBN: 9781862878495

Category: Mineral industries

Page: 326

View: 4953

Mining Law and Policy: International Perspectives explains the key legal issues in the regulation of mining. The book starts with an overview of the mineral sector and broader forces which influence (and are impacted by) mineral regulation including mineral economics, sustainable development and other policy considerations. In addition to a broad summary of how governments regulate mining, the book follows with seven chapters examining the legal issues in:mineral rights/permits (including types and allocation of rights, dealings in mineral rights, impairment of rights);land access & use (including the interaction of mining and other land uses, ancillary rights for mining);mine development & production (including typical contract forms, workplace safety, government approvals, local content);environmental & social issues (including impact assessment, human rights, artisanal mining, indigenous people, mine rehabilitation);financial & investment issues (including market regulation, government revenues & taxes, mining finance & accounting, non-government royalties);government agreements (including their scope, ownership & control issues, stabilisation, renegotiation, interaction with third parties); and procedural matters (including mining registers, dispute resolution, corruption, and regulatory impact assessment).The book is extensively referenced with material drawn from over 50 countries, 300 laws and court decisions, and 800 secondary materials including books, articles and government reports.
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The Exploitation of Natural Resources of the Moon and Other Celestial Bodies

A Proposal for a Legal Regime

Author: Fabio Tronchetti

Publisher: BRILL

ISBN: 904742879X

Category: Law

Page: 400

View: 9222

The purpose of this book is to propose a legal regime to govern the exploitation of natural resources of the moon and other celestial bodies. Considering, on the one side, the interest shown by states and private operators to extract and use extraterrestrial natural resources and, on the other, the absence of specific rules dealing with such an option, the establishment of a legal framework to regulate the exploitation of natural resources of the moon and other celestial bodies is needed so as to ensure its peaceful, safe and orderly development.
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Mining Royalties

A Global Study of Their Impact on Investors, Government, and Civil Society

Author: N.A

Publisher: World Bank Publications

ISBN: 0821365037

Category: Technology & Engineering

Page: 296

View: 4529

This book contains a wealth of information and analysis relating to mineral royalties. Primary information includes royalty legislation from over forty nations. Analysis is comprehensive and addresses issues of importance to diverse stakeholders including government policymakers, tax administrators, society, local communities and mining companies. Extensive footnotes and citations provide a valuable resource for researchers.
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Environmental Impacts of Mining Monitoring, Restoration, and Control

Author: Mritunjoy Sengupta

Publisher: Routledge

ISBN: 1351450522

Category: Science

Page: 512

View: 3365

Environmental Impacts of Mining is a comprehensive reference addressing some of the most significant environmental problems associated with mining. These issues include destruction of landscapes, destruction of agricultural and forest lands, sedimentation and erosion, soil contamination, surface and groundwater pollution, air pollution, and waste management. The book presents an agenda for minimizing environmental damage and offers solutions for the restoration and remediation of degraded areas. This book is a ""must have"" for environmental consultants, regulators, planners, workers in the mining industry, geologists, hydrologists, hazardous waste professionals, and instructors in the environmental sciences.
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Wetlands, Water, and the Law

Using Law to Advance Wetland Conservation and Wise Use

Author: Clare Shine,Cyrille de Klemm

Publisher: IUCN

ISBN: 9782831704784

Category: Law

Page: 332

View: 8107

This publication sets wetlands in their scientific, economic and legal context, before describing the main legal issues involved in implementing the Ramsar Convention. Parts 3-6 take an increasingly broad focus, dealing respectively with site-specific and bioregional approaches to wetland management, generally-applicable techniques for managing damaging processes and activities and, lastly, regional and international frameworks for cooperation. The book complements the recent work of scientists and economists by describing how laws and institutions can work for (or against) wetland conservation and wise use. Each chapter makes the link between international legal obligations and national or local mechanisms for delivering implementation. Drawing on national practice around the world, the book illustrates how different legal approaches and techniques can be adapted to widely-varying national conditions and capabilities. Key components for legal and institutional frameworks suited to the challenge of wise use implementations are set out in the conclusion.
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Guidelines for Protected Areas Legislation

Author: Barbara J. Lausche,Françoise Burhenne-Guilmin

Publisher: IUCN

ISBN: 2831712459

Category: Nature

Page: 370

View: 854

The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.
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Space Resources

Breaking the Bonds of Earth

Author: John S. Lewis,Ruth A. Lewis

Publisher: Columbia University Press

ISBN: 9780231064989

Category: Business & Economics

Page: 418

View: 1448

Although deconstruction has become a popular catchword, as an intellectual movement it has never entirely caught on within the university. For some in the academy, deconstruction, and Jacques Derrida in particular, are responsible for the demise of accountability in the study of literature. Countering these facile dismissals of Derrida and deconstruction, Herman Rapaport explores the incoherence that has plagued critical theory since the 1960s and the resulting legitimacy crisis in the humanities. Against the backdrop of a rich, informed discussion of Derrida's writings--and how they have been misconstrued by critics and admirers alike--The Theory Mess investigates the vicissitudes of Anglo-American criticism over the past thirty years and proposes some possibilities for reform.
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