Mineral investment and the regulation of the environment in developing countries: lessons from GhanaReport as inadecuate




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International Environmental Agreements: Politics, Law and Economics

, Volume 6, Issue 4, pp 371–394

First Online: 04 October 2006Received: 28 February 2006Accepted: 25 August 2006

Abstract

This article examines the relationship between foreign direct investment in the mineral sector and environmental regulation in developing countries. It argues that two major trends in global mineral investment have emerged in recent years: increased competition amongst developing countries to attract mineral investment, and the development and proliferation of a standard set of legal protections for mineral investors including access to international arbitration, prohibitions of expropriation without compensation, and commitments to stability of the regulatory regime. Both of these trends may have implications for environmental policy, which are examined in the paper both in general terms and in the context of a detailed case study concerning mineral exploitation in Ghana’s forest reserves.

KeywordsDeveloping countries Environmental regulation Foreign direct investment Ghana International arbitration Mining AbbreviationsBITBilateral Investment Treaty

FOEFriends of the Earth

FDIForeign Direct Investment

ICSIDInternational Centre for the Settlement of Investment Disputes

NAFTANorth American Free Trade Agreement

OECDOrganisation for Economic Cooperation and Development

UNCITRALUnited Nations Commission on International Trade Law

UNCTADUnited Nations Conference on Trade and Development

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Author: Kyla Tienhaara

Source: https://link.springer.com/







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