State Governance of Mining, Development and Sustainability
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State Governance of Mining, Development and Sustainability

9781784712631 Edward Elgar Publishing
Tracy-Lynn Field, Professor, School of Law, University of the Witwatersrand, South Africa
Publication Date: 2019 ISBN: 978 1 78471 263 1 Extent: 416 pp
States in mineral-rich jurisdictions must promote mining as a development industry just as they must protect people and environment from the worst excesses of extractivism. State Governance of Mining, Development and Sustainability explores how the State’s role in facilitating a developmental and sustainable mining industry has been defined. In doing so, this astute book considers the impact of the policies and laws of mineral-rich States themselves, multilateral international governance institutions, industry associations, and environmental justice advocates in the areas of property relations, mineral taxation, environmental management and mine closure.

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Contents
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States in mineral-rich jurisdictions promote mining as a development industry, and at the same time attempt to protect people and the environment from the worst excesses of extractivism and neo-extractivism. Exploring how the State’s role in facilitating a developmental and sustainable mining industry has been defined, this eminent work is a world-first analysis of the principal narratives framing mining, development and sustainability in developed and developing countries.

Through a global, comparative analysis, Tracy-Lynn Field illustrates how these themes are woven into the technical governance areas of property, taxation, environmental assessment and mine closure. Ultimately, this book shows how the promotional and protective role of the State constituted by the advocacy, policies and laws of international financial institutions, industry associations, activists, and mineral-rich jurisdictions supports an unsustainable system of global mining production. Progressive in its approach, the book concludes with insightful thoughts on the paradigm of post-extractivism.

State Governance of Mining, Development and Sustainability is a must read for students and scholars interested in the law and governance of mining and development, as well as environmental law and governance more widely. Its practical implications will also prove informative for practitioners and policy makers working in the field.
Critical Acclaim
‘...the book is an extraordinary resource and a useful addition for an under-researched area of state governance of mineral resources. It fills a critical gap in literature as it provides the most comprehensive engagement with the wide range of critical debates around mining and sustainability. The engagement with the two difficult cross cutting themes of taxation and property rights are an extremely useful addition to the literature. The range of the coverage of critical debates around mining and key issues such as property rights, taxation, environmental assessment and mine closure are explicated in great detail making this voluminous book an ideal reader for academics and researchers.’
– Roopa Madhav, LEAD: Law, Environment and Development Journal

‘In a time of ecological crisis, with ever present evidence of social conflict arising from mining development, Tracy-Lynn Field''s painstaking examination of the contested discourses of sustainable mining and the role of the state makes a major contribution. Going beyond critique with a detailed comparative assessment of laws relating to property, tax, and environment, Field ultimately reveals how a post-extractivist frame could underpin transformation away from the chronic environmental, social and economic externalities that continue to plague global mining.’
– Sara L Seck, Dalhousie University, Canada
Contents
Contents: 1. Introduction: State Governance of Mining, Development and Sustainability 2. The State, Mining, Development and Sustainability: Pro-Mining Discourses 3. The State, Mining, Development and Sustainability: Discourses of Dissent 4. The State, Mining and Property Institutions 5. The State, Mining and Taxation 6. The State, Mining and Environmental Assessment 7. The State and Mine Closure 8. Towards Post-Extractivism Index


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