International Mineral Law

This subject has the following teaching availabilities in 2016:

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

136-150 hours

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Melbourne Law Masters Students: None

JD Students: None

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 Student Equity and Disability Support.

The mining industry is international in character and many Australian mining and exploration companies operate in foreign jurisdictions. This subject examines the legal, fiscal and regulatory regimes that govern mineral exploration and production internationally with a particular emphasis on exploration and mining in developing countries. It deals with the negotiation of mining development agreements with host governments, regulatory schemes and fiscal regimes, community agreements, principles of sustainability and international norms affecting the mining sector. The lecturer has extensive practical experience in mineral ventures in a number of different jurisdictions

Principal topics include:

• Mining Development Agreements
• Mineral ownership
• Legal structures
• Exploration regimes
• Fiscal regimes
• Foreign investment controls
• Marketing and financing issues
• Communities and Indigenous peoples
• Land access issues
• Sustainable development principles
• International frameworks and norms applicable to mining.

.

A student who has successfully completed this subject will:

• Gain a broad understanding of the legal, fiscal and regulatory frameworks governing exploration and mining internationally but with particular emphasis on mining in developing economies
• Appreciate the multitude of legal, social and economic issues that exploration for and development of a mineral resource may entail, particularly in a developing economy
• Understand what a Mining Exploration and Development Agreement might cover such that students will have an appreciation of the issues for negotiation whether from the perspective of a host government, investor, financier, community or other stakeholder
• Gain a broad understanding of the key standards, best practice guidelines and corporate social responsibility principles applicable to the international mining industry.

• Take-home examination (5,000-6,000 words as specified in the subject reading guide) (100%) (7 - 10 October)
  or
• 10,000 word research paper (100%) (21 November) on a topic approved by the subject coordinator

A minimum of 75% attendance is a hurdle requirement.

Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

This subject is not available as a breadth subject.