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Mining agreements (MAs) often reflect governments' political
aspirations. To allow their deals to conclude with minimum risk and
maximum benefit, mining investors must know and understand the
motivating factors of the governments of applicable countries, and
their consequences. The form and substance of MAs vary considerably
and may be adapted to suit a country's particular legal and
socioeconomic framework and the peculiarities of the sector of the
mining industry concerned. Developing countries are now
relentlessly competing for investment funds, offering attractive
conditions for transnational mining companies. In developed
countries, on the other hand, the desires to protect the
environment and to guarantee or restore natives' rights have caused
a downward shift in investment priorities. This text: sets out the
various forms an MA can take; examines the key role played by
national political will in MA negotiation through an analysis of MA
evolution in four host countries - Australia, Chile, Indonesia and
Papua New Guinea, all of which are particularly attractive
countries for foreign mineral investment; explores the main trends
in the evolution of MA content over the past 30 years - including
the dramatic increase in environmental requirements, the growing
concern over natives' rights, and the decrease in economic rent and
equity shares; traces the trends' origin in the HCs' political will
with the TMCs' need for stability; and explains how to write an MA
that will stand the test of time. These features position this work
to provide participants in the running industry - transnational and
mining companies, national governments, and international
organizations - with bargaining solutions for the mining agreements
of the future and to heighten their awareness of actual present and
foreseeable changes in the political, social and investment
climate.
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