International Mineral Law

This subject has the following teaching availabilities in 2013:

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

Mineral exploration and production typically occur wherever the prospects of discovery and exploitation of minerals are good. The mining industry is, of necessity, international in character, and many Australian mining companies now operate in foreign jurisdictions. This subject examines the legal regimes that govern mineral exploration, development, production and sale in selected countries of high mineral prospectivity. It deals with sovereign risk, legal arrangements between governments (including government corporations) and private enterprise, regulatory schemes and fiscal issues. The lecturer has extensive practical experience in mineral ventures in several jurisdictions.

Principal topics will include:

• Constitutional matters
• Mineral proprietorship
• Legal structures
• Exploration regimes
• Project development
• Production regimes
• Marketing of mineral products
• Government corporations
• Environmental controls
• Indigenous rights
• Investment controls
• Fiscal arrangements
• Foreign exchange controls.

A student who has successfully completed this subject will:

• Understand sovereign risk
• Be familiar with the wide range of legal issues that arise in mineral exploration and production in foreign countries.
• Understand how legal regimes relating to mineral resources operate within the legal systems of selected foreign countries, and their relationship with sovereign riskHave tha capacity to provide legal advice upon legal regimes relating to mineral resources in selected foreign countries.

10,000 word research paper (100%) (11 December) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.