Access to minerals : WTO export restrictions and climate change considerations

In the past few years, the Chinese government opted to restrict the export of selected minerals on environmental and health grounds, subsequently leading to an uproar in countries and regions that rely heavily on imports from China to develop their renewable industry sector. This paper places the focus on the law and policy of the Chinese export restrictions of critical minerals, and its implications for the global renewables energy industry. The paper critically assesses how such export restrictions have been dealt with under the dispute settlement system of the World Trade Organisation (WTO). Drawing on this WTO jurisprudence, we posit that litigation on export restrictions of the kind imposed by China poses a threat to the legitimacy of the WTO. We therefore conclude by exploring whether there are any alternatives to litigation as a means to deal with countries choosing to impose mineral export restrictions

Implications of credit constraint on the formalization of artisanal and small-scale mining (ASM) in sub-Saharan Africa

Artisanal and small-scale mining (ASM) operations continue to grow across sub-Saharan Africa and serve as a source of livelihood to many rural communities. Owing to safety, health, environmental, and social concerns, the occupation has been regarded as a menace in several sub-Sahara African countries. Recent studies in the field of ASM prescribe formalization as a way to tame its excesses while enhancing its potential. This paper explores the concept of formalization as it relates to ASM and how it is being affected by the funding situation. The paper seeks to address the question as to whether formalization of artisanal mining operations can achieve the desired results in view of the lingering credit constraints in this mining subsector. It is recommended that, as a way of extending the scope of formalization, focus should be placed not only on access to credit in ASM but also towards optimizing the creditworthiness of ASM firms, with the goal of improving the viability of the operations.https://journals.co.za/journal/saimmam2023Mining Engineerin

Challenges of operationalising good industry practice and best environmental practice in deep seabed mining regulation

Advances and innovation in deep-water technologies have fuelled a rapid and increased interest in the commercial exploitation of deep seabed minerals. Notwithstanding the apparent momentum in this sector, numerous regulatory, technical and environmental challenges remain. The latter, in particular, solicits on-going concern amongst various stakeholders due to the potential impact of mineral exploitation on the deep-sea environment. The organisation tasked with the management and control of mineral-related activities in international waters, the ‘International Seabed Authority' (ISA), is mandated to develop ‘the mining code’, a body of international rules, regulations and procedures that will regulate prospecting, exploration and exploitation in areas beyond national jurisdiction. Accordingly, the aim of this article is to provide a critical assessment of two commonly invoked, yet often ambiguous, concepts in this regulatory discourse – that being ‘Best Environmental Practice’ and ‘Good Industry Practice’. The paper draws on a comparative evaluation of these concepts in established international guidance standards, in order to highlight certain considerations for the practical implementation thereof for the deep seabed mining industry. In doing so, the research provides policy and theoretical contributions to the field of natural resources regulation. It further enhances the understanding of a critical component to the sustainable operationalisation of the industry, whilst acknowledging the unique environmental protection requirements associated with the deep seabed environment.The Pew Charitable Trustshttps://www.elsevier.com/locate/marpol2019-09-18hj2018Public La