Mining Law Summit
Sixth Annual Mining Law Summit
November 19, 2021
University of Arizona Law
“The Future of Mining Law”
The tension between the need for mineral resources and the movement to restrict their expeditious development is nowhere more obvious than in proposed and current changes to mining law. This year’s Mining Law Summit will feature diverse perspectives and discuss a range of options whereby mining law can provide avenues for future development of critical resources.
This free virtual conference on November 19th 2021, will combine recorded presentations from internationally recognized authorities with live commentary, questions and answers, and discussion with participants.
Marc Miller, Dean & Ralph W. Bilby Professor of Law, University of Arizona, James E. Rogers College of Law
John Lacy, Director, Global Mining Law Center, University of Arizona, James E. Rogers College of Law
8:15–9 a.m. TOPIC 1: The “New” Critical Needs, Discussion of Green Commodities.
Roderick (Rod) G. Eggert, the Viola Vestal Coulter Foundation Chair in Mineral Economics at Colorado School of Mines and deputy director of the Critical Materials Institute, and David Hammond, an internationally recognized independent consultant in mineral economics will discuss “Green Commodities,” where they are and how are they mined and processed into products.
9–10:30 a.m. TOPIC 2: Community Resistance
Kristi Disney Bruckner, Executive Director, Sustainable Development Strategies Group and Senior Policy Advisor, Initiative for Responsible Mining Assurance (IRMA) will facilitate a discussion including Nuskmata Jacinda Mack, Coordinator, First Nations Women Advocating Responsible Mining, Dewa Mavhinga, Southern Africa Director with the Africa Division, Human Rights Watch, and Glen Mpufane, Director Mining, IndustriALL Global Union focused on what “community resistance” means, circumstances driving community resistance, and current pressures and opportunities for mining communities in an era of increased demand for resources to support low carbon energy production. Aimee Boulanger, Executive Director of IRMA, will also join the panel to respond to questions from participants regarding how IRMA helps respond to community and worker concerns.
10:30–10:45 a.m. Break
10:45–11:20 a.m. TOPIC 3: Community Resistance; the Example in Peru
John Lacy will interview Luis Carlos Rodrigo Prado, a Peruvian lawyer who runs the natural resources/mining practice for Rodrigo, Elias, & Madrano and will examine the community resistance and political overtones encountered by current mineral development under Peruvian law.
11:20–12:30 p.m. TOPIC 4: The Afghanistan Experience
Anya Mallet, the Senior Legal Advisor at Commercial Law Development Program at the United States Department of Commerce, will be interviewed by Cassie Boggs, the retired General Counsel at Resource Capital Funds on the difficulties encountered in creating a mining law for Afghanistan as well as the operation of mines in an unstable country. Are there lessons to be learned from this example?
12:30–1:00 p.m. Lunch Break
1–1:30 p.m. TOPIC 5: The Chinese Example
Are there lessons to be learned in the Chinese approach? Are western mineral developers unduly concerned with the encouragement of western values? Are there other factors? Doug Guthrie, Professor and head of China Studies at Thunderbird School of Global Management, will be interviewed by Mel Sanderson, the retired director of international relations at Freeport Mining Company.
1:30–2:15 p.m. TOPIC 6: Models for New Legal Structures
What makes a “good” mining law from the perspective of (1) the mineral developers, (2) the host government and (3) the effected community? Stan Dempsey, the retired Chairman of Royal Gold, and John Lacy will discuss this question and include issues covering (1) tenure, (2) free transferability of rights (are there permissible restrictions – i.e., financial or technical?); (3) guarantee of surface access; (4) technology (can mining methods be questioned as a result of evolving technology?); (5) access to justice (can a court system be designed to maintain sovereignty and include possible United Nations oversight?).
2:15–3 p.m. Round-table Discussion
At the conclusion of formal presentations, Summit participants representing diverse interests will discuss the various issues presented and be open to questions and comments from participants.
Registration is free and open through November 18.
Using Zoom, the 2021 Summit format will include:
- substantive presentations previously recorded;
- discussion by the organizing committee following each presentation with the presenter(s) who can be available live to respond;
- registrant-submitted questions via the Zoom chat feature; and
- a live wrap-up discussion between the registrants, the organizing committee and the available speakers, including any chat questions that have not been addressed.