International Mining Transactions and ESG Standards module (CP53002)

The module revolves around the following five pillars. These are essential for developing mining projects:

• Security of tenure: Can the mining company secure the legal right to explore for and develop the mineral properties?
• Bankability: What legal and commercial regime is applicable to the mining venture? Does it allow investors to finance the project?
• Fiscal regime: What economic burdens will apply to the mining venture? This will include burdens like taxes, royalties, and export duties
• Enforceability: Are the agreements, licenses, concessions, and legal commitments enforceable? Is the project relatively safe from expropriation or naturalisation?
• Marketability: How can the minerals produced be sold or offered to the market?

For terrestrial projects, there is another key factor: how can mining be conducted in a sustainable manner? How can it be done consistent with principles governing corporate and societal commitment to ESG concerns.

What you will learn

In this module, you will:

• learn the legal tools to analyse and understand the structure of international mining transactions
• learn to draft and negotiate mining industry agreements

By the end of this module, you will be able to:

• understand the main issues that should be taken into consideration when negotiating a mining agreement. This will include mainstreaming ESG
• understand of the various types of contractual agreements used in the international mining industry
• provide an informed opinion on issues related to the main issues in the drafting of mining industry agreements
• competently conduct a due diligence
• draft main contractual forms used in the mining industry
• critically review various models of mining agreements
• participate in the negotiating and drafting of common forms of mining industry contracts

Assignments / assessment

• short essay (40%)
• remote online open book exam (60%)

Teaching methods / timetable

• lectures and practical classes
• invited speakers
• discussion around a case study
• intensive teaching over one week in June