Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries. With its combined academic and practical perspective, the book focuses on mining disputes and addresses a broad array of issues, such as third party funding, grievance and redress, as well as the protection of human rights and the environment. In addition, it is the first work in the market that discusses the proposed rules of the world's first and only Global Natural Resources Dispute Resolution Center (GNDC).
Cory H. Kent is a Partner with McMillan LLP and the Chair of the firm’s Mining Group. His practice focuses on Corporate and Securities law with an emphasis on the natural resources, cannabis and technology sectors. Shaheeza Lalani holds a Ph.D. from the University of Lausanne and currently manages the University’s LL.M. Program. Previously Senior Legal Counsel with the Swiss Chambers’ Arbitration Institution and Director of the Doctoral Program at the World Trade Institute, she has authored and edited several publications on international law and arbitration. Georgios Petrochilos, QC, is a Partner with Three Crowns LLP and has a broad practice covering inter-state, investment, and commercial disputes. He has represented States, international organizations, and private parties in more than 70 disputes, including some of the most critical cases in the European energy industry in the past decade. Andreas R. Ziegler is a Professor of Public International Law and International Economic Law at the University of Lausanne. He regularly advises governments, international organizations, NGOs and private clients and represents them before various domestic and international courts and arbitral tribunals. He is also on the permanent roster of panelists for the World Trade Organization and International Centre for Settlement of Investment Disputes.
Foreword Thomas Cottier
Notes on Contributors
PART 1 Dispute Resolution in the Extractive Industries
1 Third-Party Funding in International Arbitration – Current Status, Development and Cases Involving Mining Disputes Boris Biksadský, Stefano Paolo Catelani and Vernon T. Nava
2 The Global Natural Resources Dispute Resolution Centre and a Practical Guide to Its Draft Rules Darrell W. Podowski, Zaid Jivani and Caroline Ming
3 Assessing Investor Misconduct In Mining Disputes – Legality Requirements, Clean Hands, and Contributory Fault Johannes Hendrik Fahner
Part 1 Conclusion: The Increasing Need for Global Transparency in the Extractive Industries Xavier Favre-Bulle and Célia Huart
PART 2 Consultation and Social License
4 A License to Mine: Seeking the Approval of Affected Communities through Operational-Level Grievance Mechanisms Başak Bağlayan
5 International Law Challenges to Peruvian Mining Regulation Clara María López Rodríguez
6 Social License to Operate: Gold Mining in Kyrgyzstan Luke Grenfell-Shaw and Kemel Toktomushev
7 Deep Seabed Mining: the Next Frontier in International Investment Law Patricia Cruz Trabanino
Part 2 Conclusion and Commentary: The Social License to Operate: Beyond Compliance and Risk Management Laurent Develle
General Conclusion Stéphane Brabant and Katherine Simpson
Governments, Policy-makers, Lawyers and Arbitrators, as well as Students of Law, Public Policy and Environmental Studies will be interested in this book.