Book Chapters by Leonardus J Gerber
Fitzmaurice, M., Maljean-Dubois, S., Negri, S. (eds), Environmental Protection and Sustainable Development from Rio to Rio+20, 2014
This chapter critically assesses the role that mining and minerals have in the wider context of s... more This chapter critically assesses the role that mining and minerals have in the wider context of sustainable development. In particular, we assess the role of law (and of international law in particular) in balancing the economic interests of the mining activity, with the requirements of social justice and environmental protection. The starting point for discussion lies in the recognition of the fact that mining and minerals are present in only two brief paragraphs within the final outcome of the Rio+20 process document. We also assess the pre- and post-Rio+20 processes to determine the extent to which the debate around minerals and mining has been present in the negotiations prior to Rio. The chapter touches upon a selection of contemporary issues affecting the contribution of mining to sustainable developing, including effective post-mining closure regulation, means to enhance transparency and accountability and, ways to prevent illicit activities funded through mining activities; and the emergence of the social license and climate change debates.
Publications by Leonardus J Gerber
In the past few years, the Chinese government opted to restrict the export of selected minerals o... more 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.
POLINARES: European Union Framework 7 Programme, Dec 2012
Earlier research findings in POLINARES Workpackages 2 and 4 identified security of supply of raw ... more Earlier research findings in POLINARES Workpackages 2 and 4 identified security of supply of raw materials as a key potential risk to continued EU competitiveness. The position of the EU in global mineral interactions, and the resultant challenge of addressing the risk of security of supply in context of non-energy raw materials, was further discussed in Chapter 4 of Workpackage 5. This paper elaborates upon these previous findings, and aims to highlight some of the challenges in existing multi-lateral collaboration and regional development cooperation mechanisms between the EU and Sub-Sahara African. It concludes by stressing certain critical considerations for future dealings between the EU and the SSA region in the securement of access to non-energy raw materials.
POLINARES: European Union Framework 7 Programme, Dec 2012
This paper aims to provide an overview of the current status of EU non-energy raw materials polic... more This paper aims to provide an overview of the current status of EU non-energy raw materials policy and subsequent attempts by the EU to address risks and challenges in order to increase the potential for long-term enhancement. Previous POLINARES Workpackages had identified certain risks and challenges to the EU accessibility of natural resources, with security of supply identified as a significant threat to continued EU competitiveness. This paper builds upon these findings by examining the reasons for its evolvement into its current state, and investigating existing EU institutional capabilities (or lack thereof), specifically with regard to non-energy raw materials policy. The paper further examines the policy responses that aims to address those challenges, and the proposed introduction of a common EU mineral Policy. Active internal relations between the EU Member States, as well as active external relations with certain strategic raw material producing regions, is emphasized as crucial prerequisites for the successful implementation of such a policy initiative. Mechanisms, such as regional development cooperation and collaboration are briefly reviewed as to lay a foundation for further detailed discussions in the subsequent case studies in Chapter 5.
POLINARES: European Union Framework 7 Programme, Dec 2012
POLINARES: European Union Framework 7 Programme, Dec 2012
The overall objective of Work Package 4 is to develop a framework that will enable WP5 to formula... more The overall objective of Work Package 4 is to develop a framework that will enable WP5 to formulate future policy approaches to address the challenges and risks identified by the Work Packages 1, 2 and 3. One of the two specific aims of Work Package 4 is to establish a set of criteria for evaluating past, current and possible future approaches and solutions, including efficiency, justice, fairness, equity across generations and long-term political stability. These criteria are to be conceived as benchmarks through which institutions that address the above-mentioned risks will be analysed. In other words, partners are asked throughout WP4 to take into account these criteria when undertaking their study of specific institutions that address risks in the access to oil, gas and mineral resources. This chapter identifies the criteria that will be used and provides guidance as to the kind of questions that partners could use in order to determine whether an institution has or not met a specific criterion.
CEPMLP Annual Review 14, University of Dundee, 2011
Guest lectures and talks by Leonardus J Gerber
Anthropogenic use of mercury remains a considerable danger to human health and the environment. ... more Anthropogenic use of mercury remains a considerable danger to human health and the environment. The artisanal and small-scale gold mining sector in particular is a considerable contributor to the release of elemental mercury into the environment, the use of which represents one of the most visible aspects of the sector. In terms of international environmental law, the explicit inclusion of the sector in the recent Minamata Convention on Mercury Use denotes a novel, albeit predictable development. Though this inclusion is commendable, serious reservations arise as to the actual tangible efficacy of the Convention on the abatement of mercury use within the sector. Accordingly, this talk critically examines the Convention, in particular those measures relating to Party obligations in implementing National Action Plans. In doing so, it draws upon the successes and failures of sample international environmental law instruments in order to answer whether potential for the envisioned success is realistic, or whether the Convention merely represents a token acknowledgement of the sector impact.
Conference Presentations by Leonardus J Gerber
Presentation at the Strathclyde Centre for Environmental Law and Governance Seminar (3 December 2... more Presentation at the Strathclyde Centre for Environmental Law and Governance Seminar (3 December 2014).
The presentation consisted of an overview of the direction that emerging trends in mining adminis... more The presentation consisted of an overview of the direction that emerging trends in mining administration and regulation seems to be following. The presentation was further illustrated with a selection of contemporary regulatory challenges, including mineral rights and titles; dispute resolution; corruption and transparency; and environmental concerns and mine closure.
The POLINARES project has received funding from the European Community's Seventh Framework Progra... more The POLINARES project has received funding from the European Community's Seventh Framework Programme (FP7/2007(FP7/ -2013 under Grant Agreement no 244516 Purpose: To assess and determine how the risks and criteria identified in previous POLINARES Work Packages, in particular early chapters of Work Package 4, relate to the accessibility of mineral resources and the institutions which governs such accessibility. 'Accessibility': How cooperation and collaboration towards the extraction of mineral resources is facilitated, or possibly hindered, in the current available institutional framework.
Workshops by Leonardus J Gerber
This two day workshop is aimed at providing delegates with a concise but comprehensive overview o... more This two day workshop is aimed at providing delegates with a concise but comprehensive overview of the mining sector and the legal agreements that govern the sector. Delegates will be introduced to the mining industry, and the many aspects that affect the sector. The workshop will further familiarise delegates with the various foundational aspects and terminology employed in the negotiation and administration of mining agreements, with selected case studies used throughout to illustrate particular topics.
After attending this workshop, delegates will have gained a broad understanding of the mining sector and the challenges particular thereto, and the necessary knowledge to recognise different forms of mining agreements, understand commonly used clauses, and understand the requirements for ‘good’ mining regimes.
This workshop is aimed at providing delegates with a concise but comprehensive overview of mining... more This workshop is aimed at providing delegates with a concise but comprehensive overview of mining agreements, including the various foundational aspects and terminology used in the administration of mining agreements, and should gain the necessary knowledge to - recognise different forms of mining agreements; recognise and understand commonly used clauses; understand requirements for ‘good’ mining agreements, and the various difficulties in using agreements.
Papers by Leonardus J Gerber
The overall objective of Work Package 4 is to develop a framework that will enable WP5 to formula... more The overall objective of Work Package 4 is to develop a framework that will enable WP5 to formulate future policy approaches to address the challenges and risks identified by the Work Packages 1, 2 and 3. One of the two specific aims of Work Package 4 is to establish a set of criteria for evaluating past, current and possible future approaches and solutions, including efficiency, justice, fairness, equity across generations and long-term political stability. These criteria are to be conceived as benchmarks through which institutions that address the above-mentioned risks will be analysed. In other words, partners are asked throughout WP4 to take into account these criteria when undertaking their study of specific institutions that address risks in the access to oil, gas and mineral resources. This chapter identifies the criteria that will be used and provides guidance as to the kind of questions that partners could use in order to determine whether an institution has or not met a specific criterion. The last section of this chapter provides the reader with an overview of all these questions and some further information regarding the methodology that can be used throughout WP4. 1. Introduction: principles and the EU 1.1. Principles and WP4 The overall objective of Work Package 4 is to develop a framework that will enable WP5 to formulate future policy approaches to address the challenges and risks identified by the Work Packages 1, 2 and 3. One of the two specific aims of Work Package 4 is to establish a set of criteria for evaluating past, current and possible future approaches and solutions, including efficiency, justice, fairness, equity across generations and long-term political stability. 1 1 The other specific aim of WP4 is to understand how markets, competition, technology, international regulation, diplomacy, governance, military and other approaches have been and can be used to address POLINARES D4.
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Book Chapters by Leonardus J Gerber
Publications by Leonardus J Gerber
Guest lectures and talks by Leonardus J Gerber
Conference Presentations by Leonardus J Gerber
Workshops by Leonardus J Gerber
After attending this workshop, delegates will have gained a broad understanding of the mining sector and the challenges particular thereto, and the necessary knowledge to recognise different forms of mining agreements, understand commonly used clauses, and understand the requirements for ‘good’ mining regimes.
Papers by Leonardus J Gerber
After attending this workshop, delegates will have gained a broad understanding of the mining sector and the challenges particular thereto, and the necessary knowledge to recognise different forms of mining agreements, understand commonly used clauses, and understand the requirements for ‘good’ mining regimes.