DOCSLIB.ORG

English, Chinese, and French

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
English, Chinese, and French Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized The World Bank Legal Review Volume 4 Legal Innovation and Empowerment for Development The World Bank Legal Review Volume 4 Legal Innovation and Empowerment for Development The World Bank Legal Review is a publication for policy makers and their advis- ers, judges, attorneys, and other professionals engaged in the field of interna- tional development with a particular focus on law, justice, and development. It offers a combination of legal scholarship, lessons from experience, legal de- velopments, and recent research on the many ways in which the application of the law and the improvement of justice systems promote poverty reduction, economic development, and the rule of law. The World Bank Legal Review is part of the World Bank Law, Justice and De- velopment Series managed by the Research and Editorial Board of the Bank’s Legal Vice Presidency. The World Bank Legal Review Volume 4 Legal Innovation and Empowerment for Development Hassane Cissé Sam Muller Chantal Thomas Chenguang Wang Editors THE WORLD BANK Washington, D.C. © 2013 International Bank for Reconstruction and Development The World Bank 1818 H Street NW Washington, DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org Some rights reserved 1 2 3 4 15 14 13 12 This work is a product of the staff of The World Bank with external contributions. Note that The World Bank does not necessarily own each component of the content included in the work. The World Bank therefore does not warrant that the use of the content contained in the work will not infringe on the rights of third parties. The risk of claims resulting from such infringement rests solely with you. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they repre- sent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any terri- tory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privi- leges and immunities of The World Bank, all of which are specifically reserved. Rights and Permissions This work is available under the Creative Commons Attribution 3.0 Unported license (CC BY 3.0) http://creativecommons.org/licenses/by/3.0. Under the Creative Commons Attribution license, you are free to copy, distribute, transmit, and adapt this work, including for commercial purposes, under the following conditions: Attribution—Please cite the work as follows: Hassane Cissé, Sam Muller, Chantal Thomas, and Chenguang Wang, eds. The World Bank Legal Review, Volume 4: Legal Innovation and Empowerment for Development. doi: 10.1596/978-0-8213-9506-6 License: Creative Commons Attribution CC BY 3.0 Translations—If you create a translation of this work, please add the following disclaimer along with the attribution: This translation was not created by The World Bank and should not be considered an official World Bank translation. The World Bank shall not be liable for any content or error in this translation. All queries on rights and licenses should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@ worldbank.org. ISBN (paper): 978-0-8213-9506-6 eISBN (electronic): 978-0-8213-9507-3 DOI: 10.1596/978-0-8213-9506-6 Cover photo: ©iStockphoto.com/Mark Wragg; Cover design: Nigel Quinney Library of Congress Cataloging-in-Publication data has been requested. The World Bank Legal Review Volume 4 Legal Innovation and Empowerment for Development EDITORS Hassane Cissé Deputy General Counsel, Knowledge and Research, World Bank Sam Muller Director, HiiL Chantal Thomas Professor, Cornell University Law School Chenguang Wang Professor of Law, Tsinghua University PRODUCTION EDITOR Matthew Moorhead Legal Associate, World Bank Contents Foreword xi Jim Yong Kim, World Bank Group President Preface xiii Anne-Marie Leroy, Senior Vice President and Group General Counsel Contributors xv Empowerment and Innovation Strategies for Law, Justice, and Development 3 Chantal Thomas The Justice Innovation Approach: How Justice Sector Leaders in Development Contexts Can Promote Innovation 17 Sam Muller and Maurits Barendrecht Legal Empowerment of the Poor: Past, Present, Future 31 H assane Cissé Beyond the Orthodoxy of Rule of Law and Justice Sector Reform: A Framework for Legal Empowerment and Innovation through the Convention on the Rights of Persons with Disabilities 45 Janet E. Lord, Deepti Samant Raja, and Peter Blanck The Political Economy of Improving Traditional Justice Systems: A Case Study of NGO Engagement with Shalish in Bangladesh 67 Stephen Golub Intellectual Property: Facilitating Technology Transfer for Development 89 Roy F. Waldron viii Contents Transforming through Transparency: Opening Up the World Bank’s Sanctions Regime 101 Conrad C. Daly and Frank A. Fariello, Jr. Human Rights and Development: Regime Interaction and the Fragmentation of International Law 123 Siobhán McInerney-Lankford Legal Transplantation and Legal Development in Transitional China 161 Chenguang Wang Rule of Law as a Watermark: China’s Legal and Judicial Challenges 179 Stéphanie Balme Achieving Development through Innovative Constitutionalism: A China Story 201 Zhenmin Wang and Yuan Tao The Role of Laws and Institutions in Expanding Women’s Voice, Agency, and Empowerment 213 Jeni Klugman and Sarah Twigg “We Want What the Ok Tedi Women Have!” Guidance from Papua New Guinea on Women’s Engagement in Mining Deals 233 Nicholas Menzies and Georgia Harley Innovation in Asset Recovery: The Swiss Perspective 253 Rita Adam International Asset Sharing: A Multipurpose Tool for Development 265 Karyn Kenny Toward a New Law and Development: New State Activism in Brazil and the Challenge for Legal Institutions 281 David M. Trubek, Diogo R. Coutinho, and Mario G. Schapiro Contents ix The Role of the Public Ministry in the Defense of the Environment: Hydrogeographical Regions and Attitudes for Coping with Socioenvironmental Conflicts 315 Luciano Badini and Luciano Alvarenga OHADA Nears the Twenty-Year Mark: An Assessment 323 Renaud Beauchard Legal Innovation for Development: The OHADA Experience 335 Marc Frilet Index 349 Foreword JIM YONG KIM In this time of extreme fragility in the world economy, when the needs of the world’s poor are as pressing as ever, all who work or study in the field of economic development must constantly reconsider what’s working, what’s not working, and what can work better. Economists, scientists, activists, poli- ticians, investors, workers: all have a responsibility to carefully consider how best to contribute to the development agenda. Lawyers are no exception. Law- yers and legal specialists who work in the development sphere must engage in unending self-examination if they are to continue to make a useful, indeed essential, contribution to fighting poverty. The role of law, or rather the role of the “rule of law,” in achieving devel- opment outcomes has been acknowledged and studied extensively in recent decades. More analysis and debate are required, however, to understand the complicated and multifaceted nature of this role. That is a task that requires the input of practitioners, legal experts, and many others who encounter or work with legal systems. The World Bank Legal Review gathers this input from around the world and compiles it into a useful resource for all development practitioners and scholars. The subtitle of this volume, Legal Innovation and Empowerment for Development, highlights how the law can respond to the chal- lenges posed to development objectives in a world slowly emerging from an economic crisis. The focus on innovation is a call for new, imaginative strate- gies and ways of thinking about what the law can do in the development realm. The focus on empowerment is a deliberate attempt to place the law into the hands of the poor; to give them another tool with which to resist poverty. The two themes are linked by their shared importance in the face of economic uncertainty. There is an urgent need for new, innovative thinking, and a great need to empower the poor to defend themselves. This volume shows some of the ways that the law can make an innovative and empowering difference in development scenarios. Development prob- lems are complex and varied, and the theme of innovation and empowerment naturally has a broad scope. Consequently, this volume reaches far and wide. It considers the nature, promise, and limitations of legal innovation and legal empowerment. It looks at concrete examples in places such as Africa, the Asia- Pacific region, and Latin America. It considers developments in issues with universal application, such as the rights of the disabled and the effectiveness of asset recovery measures. xi xii Foreword The World Bank Legal Review contains many valuable lessons and creative responses. I hope that the exciting ideas in this volume will inspire lawyers and non-lawyers alike to consider what new contribution they can make to our shared poverty-fighting mission Preface ANNE-MARIE LEROY The effects of the global financial crisis and the ensuing Great Recession are still being felt throughout the world and continue to be a preoccupation of the World Bank and other development institutions. Meanwhile, the Bank’s member countries face a range of other economic challenges and crises. As a result, demand for the Bank’s assistance remains elevated. In addition to re- sponding to debilitating crises, both real and potential, the Bank ensures that its resources are focused on the long, hard road to economic development.
Load more

Recommended publications
  • Human Capital in the Human Resource Management Literature...11 2.1 Introduction
    ‘Human Capital Analysis’ Describing the Knowledge Gap in the Financial Investment Recommendation Process Using Human Capital Analysis Burcin Hatipoglu Industrial Relations and Organisational Behavior School Of Organisation and Management The Australian School of Business University of New South Wales Thesis submitted in fulfillment of the requirement for the degree of Doctor of Philosophy August 2010 Abstract Describing the Knowledge Gap in the Financial Investment Recommendation Process Using Human Capital Analysis After 2000 we have witnessed corporate collapses and at the same time a decrease in the trust in the financial investment industry. More than before, individuals are finding themselves investing in the financial markets directly or indirectly. Now, unsurprisingly, they tend to seek more accurate information about the reality that will aid them in decision making and at the same time build their trust in companies. This thesis seeks to examine the extent to which human capital information is reported by corporations to the public and the extent to which human capital information is analyzed by equity analysts in their investment recommendations in the Australian Equity Market. Knowledge sharing is making investors more knowledgeable through communications, which results in better decision making. The thesis examines separately the reporting of human capital in human resource management literature and finance and accounting literature. The human resource management and sustainability literatures establish a positive link with better human resource practices and financial results. Several different methods have been developed for measuring the value of human capital in human resource management. In the finance literature financial models that are used for estimating future company performance, derive data from financial statements.
    [Show full text]
  • The Sukundimi Walks Before Me
    THE SUKUNDIMI WALKS BEFORE ME SIX REASONS WHY THE FRIEDA RIVER MINE MUST BE REJECTED About this report This is a publication of the Jubilee Australia Research Centre and Project Sepik Principal Author: Emily Mitchell Additional Material and Editing: Luke Fletcher, Emmanuel Peni and Duncan Gabi Published 14 March 2021 The information in this report may be printed or copied for non-commercial purposes with proper acknowledgement of Jubilee Australia and Project Sepik. Contact Luke Fletcher, Jubilee Australia Research Centre E: [email protected] W: www.jubileeaustralia.org Project Sepik Project Sepik is a not-for-profit organisation based in Papua New Guinea that has been working in the Sepik region since 2016. Project Sepik advocates for the vision of a local environment with a sustained balance of life via the promotion of environmentally sustainable practices and holding to account those that are exploiting the environment. Jubilee Australia Research Centre Jubilee Australia Research Centre engages in research and advocacy to promote economic justice for communities in the Asia-Pacific region and accountability for Australian corporations and government agencies operating there. Follow Jubilee Australia on Instagram, Facebook and Twitter: @JubileeAustralia Acknowledgments Thanks to our colleagues at CELCOR, especially Mr Peter Bosip and Evelyn Wohuinangu for their comments on drafts. Thank you to Rainforest Foundation Norway for generously supporting this project. Cover image: Local village people along the Sepik River THE SAVE THE SEPIK CAMPAIGN The Save the Sepik campaign is fighting to protect the Sepik River from the Frieda River Mine. It is a collaboration between Project Sepik and Jubilee Australia Research Centre.
    [Show full text]
  • PNG's Ok Tedi, Development and Environment
    Parliamentary Research Service PNG's Ok Tedi, Development and Environment Paul Kay Science, Technology, Environment and Resources Group 19 September 1995 Current Issues Brief NO.4 1995-96 Contents Major Issues 1 Background to Ok Tedi 3 Discovery and Development 5 Geology and Mining 8 The Economic Impact ofOk Tedi 9 Environmental Issues 12 Legal Challenges 14 Endnotes 16 Tables Table 1 : Comparison of the Fly River with Other Recognised Systems 14 Figures Figure 1 : Ok Tedi - Locality Maps 4 Figure 2 : Original Ok Tedi Ore Body and Mount Fubilan 6 Figure 3 : Ok Tedi Locality Map 6 PNG's Ok Tedi, Development and Environment Major Issues The Ok Tedi mine commenced operations on 15 May 1984, bringing tremendous change to the Western Province of Papua New Guinea (PNG). On a national level. PNG depends on the mine for 15.6 per cent of export income, royalty and taxation payments. Regional development ofthe Western Province ofPNG has been facilitated by the Ok Tedi mine and the development ofthe mine has accrued substantial benefits to the local people. The mine has created employment and business opportunities along with education options. Through the provision of medical services, people in the mine area have experienced decreased infant mortality. a decreased incidence of malaria and an average 20 year increase in life expectancy.' Some 58 million tonnes of rock are moved each year at Ok Tedi by means of open cut mining techniques. Of this, 29.2 million tonnes of ore are recovered per annum while the remainder is overburden or associated waste. The result ofthis production is about 589000 tonnes of mineral concentrate, which is exported to markets in Asia and Europe.
    [Show full text]
  • BHP: Fine Words, Foul Play 23 September 2020 Introduction
    BHP: fine words, foul play 23 September 2020 Introduction BHP presents itself, and is often considered by investors, as the very model of a modern mining company. Not only does it present itself as socially and environmentally responsible but now as indispensable in the efforts to save the world from climate catastrophe. Given the impacts and potential impacts of its Australian operations on Aboriginal sites and the furore over Rio Tinto’s destruction of the Juukan Gorge site earlier this year, perhaps BHP will begin to tread more carefully. It certainly needs to. This briefing summarises concerns around current and planned operations in which BHP is involved in Brazil, Chile, Colombia, Peru and the USA. LMN and our member groups work with communities or partner organisations in these five countries. Concerns include ecological and social impacts, violation of indigenous rights, mining waste disposal and the financing of clean- up. Other matters of current concern are briefly noted. At the end of the briefing are reports on three legacy cases - in Papua New Guinea, Indonesia and Colombia - where BHP pulled out, leaving others to deal with the environmental destruction and social dislocation caused by its operations. LMN exists to work in solidarity with communities harmed by companies linked to London, including BHP, the world’s largest mining corporation. This briefing is intended to encourage those who finance the company to use that finance to force change, and members of the public to join us in support of communities in the frontline of the struggle to defend their rights and the integrity of the planet’s ecosystems.
    [Show full text]
  • Our Publications 2006-06-02 00:00:00 Sustainable Banking In
    Sustainable Banking in Practice A closer look at the nominees for the 2006 Financial Times Sustainable Banking Awards Prepared for BankTrack by Jan Willem van Gelder, Profundo BANKTrack May 2006 Sustainable Banking in Practice Contents Introduction .............................................................................3 Archipelago Resources, Australia ................................................4 BHP Billiton, Australia................................................................4 Bunge, United States ................................................................5 Ciliandra Perkasa, Indonesia ......................................................6 Gazprom and Rosneft, Russia.....................................................7 Newmont Mining, United States..................................................9 Pou Chen, Taiwan and Yue Yuen, Hong Kong................................9 Sinopec, China ....................................................................... 10 Sonangol, Angola.................................................................... 11 State of Israel, Israel .............................................................. 12 Total, France.......................................................................... 13 2 Sustainable Banking in Practice Introduction The British business newspaper Financial Times together with the International Finance Corporation is awarding the 2006 Financial Times Sustainable Banking Awards to “recognise banks that have shown leadership and innovation in integrating social,
    [Show full text]
  • Taking Responsibility for Australia's Mining Legacies
    GROUND TRUTHS: TAKING RESPONSIBILITY FOR AUSTRALIA’S MINING LEGACIES Charles Roche and Simon Judd ACKNOWLEDGEMENTS Research: Charles Roche, Simon Judd and Sangita Bista We recognise and pay tribute to the communities, researchers and mining professionals who have long understood the need for mining legacies reform in Australia. This project was sponsored by a grant from the Australian Conservation Foundation. Editors: Charles Roche and Simon Judd Design and layout: Elbo Graphics All images (c) MPI unless attributed Cover artwork: Trying to Protect Our Land, Jacky Green Prints available, monies raised will support community response to mining at McArthur River. ISBN: 978-0-9946216-0-3 A publication by the Mineral Policy Institute www.mpi.org.au | [email protected] GROUND TRUTHS: TAKING RESPONSIBILITY FOR AUSTRALIA’S MINING LEGACIES 2 CONTENTS Executive Summary 4 Recommendations 4 Mining In Australia 5 Mine Closure Or Mining Legacy? 6 Success or failure? Mine closures in Australia 6 Mining legacies 7 The Australian response to mining legacies 7 International recognition and response 9 Risk 11 Environmental and social risk 11 Financial Risk 12 Textbox 1. Yabulu Refnery 14 Examples Of Mining Legacies In Australia 15 New South Wales coal – case studies 15 Textbox 2. Financial risk at Russell Vale 18 Victorian coal – case studies 19 Textbox 3. A lack of closure planning at Anglesea 21 The Carmichael coal mine; project viability and closure risk 23 McArthur River Mine 23 Ranger Uranium Mine 24 Textbox 4. Burning rocks and technical risk at McArthur River 26 Regulation and Management of Mine Closure and Mining Legacies 28 Coordinated action on Australian mine closure 28 The state system and environmental fnancial assurance 28 The bonds system 29 Mining levies 29 New South Wales 29 Textbox 5.
    [Show full text]
  • SENATE JUD COMMITTEE -1- January 25, 2012 POSITION STATEMENT: Delivered a Presentation to the Crime Summit
    ALASKA STATE LEGISLATURE SENATE JUDICIARY STANDING COMMITTEE January 25, 2012 8:37 a.m. MEMBERS PRESENT Senator Hollis French, Chair Senator Bill Wielechowski, Vice Chair Senator Joe Paskvan Senator Lesil McGuire Senator John Coghill MEMBERS ABSENT All members present OTHER LEGISLATORS PRESENT Senator Gary Stevens Senator Johnny Ellis Senator Fred Dyson Representative Pete Petersen COMMITTEE CALENDAR CRIME SUMMIT - HEARD PREVIOUS COMMITTEE ACTION No previous action to record WITNESS REGISTER ERIN PATTERSON-SEXSON, Lead Advocate Direct Services Coordinator Standing Together Against Rape Anchorage, AK POSITION STATEMENT: Delivered a presentation to the Crime Summit. NANCY MEADE, General Counsel Alaska Court System Anchorage, AK SENATE JUD COMMITTEE -1- January 25, 2012 POSITION STATEMENT: Delivered a presentation to the Crime Summit. DIANE SCHENKER, Project Coordinator Fairbanks Electronic Bail Conditions Project Alaska Court System Anchorage, AK POSITION STATEMENT: Delivered a presentation to the Crime Summit. HELEN SHARRATT, Integrated Justice Coordinator Alaska Court System and Coordinator for MAJIC Anchorage, AK POSITION STATEMENT: Delivered a presentation to the Crime Summit. QUINLAN STEINER, Director Public Defender Agency Department of Administration Anchorage, AK POSITION STATEMENT: Delivered a presentation to the Crime Summit. RICHARD ALLEN, Director Office of Public Advocacy Department of Administration Anchorage, AK POSITION STATEMENT: Delivered a presentation to the Crime Summit. WALT MONEGAN, President and CEO Alaska Native Justice Center Anchorage, AK POSITION STATEMENT: Delivered a presentation to the Crime Summit. JAKE METCALFE, Executive Director Public Safety Employee Association Anchorage, AK POSITION STATEMENT: Delivered a presentation to the Crime Summit. TERRENCE SHANIGAN, Trooper Alaska State Troopers Department of Public Safety Talkeetna, AK SENATE JUD COMMITTEE -2- January 25, 2012 POSITION STATEMENT: Delivered a presentation to the Crime Summit.
    [Show full text]
  • Accessibility, Quality, and Profitability for Personal Plight Law Firms: Hitting the Sweet Spot
    ACCESSIBILITY, QUALITY, AND PROFITABILITY FOR PERSONAL PLIGHT LAW FIRMS: HITTING THE SWEET SPOT By Noel Semple Prepared for the Canadian Bar Association Futures Initiative ACCESSIBILITY, QUALITY, AND PROFITABILITY FOR PERSONAL PLIGHT LAW FIRMS: HITTING THE SWEET SPOT August 2017 © Canadian Bar Association. 865 Carling Avenue, Suite 500, Ottawa, ON K1S 5S8 Tel.: (613) 237-2925 / (800) 267-8860 / Fax: (613) 237-0185 E-mail: [email protected] Home page: www.cba.org Website: cbafutures.org ALL RIGHTS RESERVED No portion of this paper may be reproduced in any form or by any means without the written permission of the publisher. Printed in Canada Sommaire disponible en français The views expressed in this report are those of the author only and do not necessarily reflect those of the Canadian Bar Association. ISBN: 978-1-927014-41-7 2 ACCESSIBILITY, QUALITY, AND PROFITABILITY FOR PERSONAL PLIGHT LAW FIRMS: HITTING THE SWEET SPOT ACCESSIBILITY, QUALITY, AND PROFITABILITY FOR PERSONAL PLIGHT LAW FIRMS: HITTING THE SWEET SPOT By Noel Semple1 Prepared for the Canadian Bar Association Futures Initiative. ABSTRACT Personal plight legal practice includes all legal work for individual clients whose needs arise from disputes. This is the site of our worst access to justice problems. The goal of this project is to identify sustainable innovations that can make the services of personal plight law firms more accessible to all Canadians. Accessibility is vitally important, but it is not the only thing that matters in personal plight legal practice. Thus, this book seeks out innovations that not only improve accessibility, but also preserve or enhance service quality as well as law firms’ profitability.
    [Show full text]
  • TROUBLED WATERS How Mine Waste Dumping Is Poisoning Our Oceans, Rivers, and Lakes
    TROUBLED WATERS HOW MINE WASTE DUMPING IS POISONING OUR OCEANS, RIVERS, AND LAKES Earthworks and MiningWatch Canada, February 2012 TABLE OF CONTENTS EXECUTIVE SUMMARY .......................................................................................................1 TABLE 1. WATER BODIES IMPERILED BY CURRENT OR PROPOSED TAILINGS DUMPING ................................. 2 TABLE 2. MINING CORPORATIONS THAT DUMP TAILINGS INTO NATURAL WATER BODIES .......................... 4 TAILINGS DUMPING 101....................................................................................................5 OCEAN DUMPING ....................................................................................................................................... 7 RIVER DUMPING........................................................................................................................................... 8 TABLE 3. TAILINGS AND WASTE ROCK DUMPED BY EXISTING MINES EVERY YEAR ......................................... 8 LAKE DUMPING ......................................................................................................................................... 10 CAN WASTES DUMPED IN BODIES OF WATER BE CLEANED UP? ................................................................ 10 CASE STUDIES: BODIES OF WATER MOST THREATENED BY DUMPING .................................11 LOWER SLATE LAKE, FRYING PAN LAKE ALASKA, USA .................................................................................. 12 NORWEGIAN FJORDS ...............................................................................................................................
    [Show full text]
  • CUT and RUN: How Britain's Top Two Mining Companies Have Wrecked Ecosystems Without Being Held to Account
    CUT AND RUN: How Britain's top two mining companies have wrecked ecosystems without being held to account Aerial view of a coal mining operation in Central Kalimantan, Indonesia. Credit: Daniel Beltrá London Mining Network (LMN) is an alliance of human rights, development, environmental and solidarity groups. Published February 2020 London Mining Network is especially grateful to The Gaia Foundation, Andrew Hickman, Hal Rhoades, Volker Boege, Richard Solly and Lydia James for their support. Report designed by Javiera Martínez and edited by Ciprian Diaconita. The contents of the report are the sole responsibility of London Mining Network. London Mining Network, 225-229 Seven Sisters Road, London, N4 2DA Tel: +44 (0) 7903851695 Registered Charity No. 1159778 CONTENTS INTRODUCTION 4 BHP DESTROYING BORNEO´S RAINFOREST 6 Indomet coal mine, Indonesia WILL THE MINE CLEAN UP THE RIVER? 11 Ok Tedi mine, Papua New Guinea RIO TINTO THE MINE THAT CAUSED A CIVIL WAR 14 Panguna mine, Bougainville THE MONSTER THAT IS EATING 20 OUR LAND Grasberg mine, West Papua CONCLUSIONS AND RECOMMENDATIONS 24 REFERENCES 25 INTRODUCTION Mining is one of the most destructive activities in This report examines several cases where two the world. Apologists for the industry* tell us that it mining companies with good reputations among only disrupts one per cent of the Earth’s surface and ‘ethical’investors have not only created severe and yet, along with agriculture, supplies 100 percent of lasting environmental damage but have then its people with the things we need to live. walked away, leaving responsibility for clean-up to others who have proved unable or unwilling to do it.
    [Show full text]
  • Environmental Protection After Bougainville1
    APPENDIX A: ENVIRONMENTaL PROTECTION AFTER BOUGaINVILLE1 Today, environmental understanding and government regulation have moved on and it is highly unlikely that regulators and investors would approve a mine which depended on riverine tailings disposal. Regulation of mining is an area where the World Bank’s Mining Division has pro- vided valuable technical assistance to countries such as Papua New Guinea (PNG), and as a result the PNG authorities and the authorities in other countries have a much stronger capacity to monitor the effects of mining on the environment and to demand remediation when and where necessary or to withdraw the company’s mining permit.2 The history of Freeport’s mine in Indonesia which uses riverine tailings disposal shows what can happen when a well-resourced government and a mining company work together to understand and minimize adverse environmental impacts. Forty years ago riverine tailings disposal was a risk that both the gov- ernment of PNG and the mining companies were willing to take in order to generate tax and royalty revenues and to provide jobs. Rather than going ahead with mining others would doubtless have voted to leave the minerals in the ground as was the case with Canford. At the time when Bougainville Copper Limited (BCL) and Ok Tedi were per- mitted, NGOs were not as influential in the decisions that were made about tailings disposal as they would be today. Moreover, the monetary fines andcompensation ­ now levied on environmental offenders provide a brake on risk taking. © The Author(s) 2017 207 G. Cochrane, Anthropology in the Mining Industry, DOI 10.1007/978-3-319-50310-3 208 AppEndiX A: EnVironmEntal ProtEction AftEr BoUgainVillE1 Contemporary attitudes and the record suggest that BCL and Ok Tedi should not be used to characterize all mining because BCL and Ok Tedi risks were unique both historically and geographically and because not all mining produces toxic waste that requires impoundment.
    [Show full text]
  • Broken Hills: Six Cases from BHP's Long Trail of Disasters
    Broken Hills: Six cases from BHP’s long trail of disasters Above: Devastation one month after the Fundão dam collapse. Photo credit: Nilmar Lage Introduction From Latin America to Oceania, companies in the BHP group have left a trail of environmental, social and public health disasters. All too often they have walked away from the devastating messes that their critics accuse them of ​ creating. In so doing they have left communities and lands scarred, while the work, and the cost, to heal and restore is left ​ ​ in the hands of others. In this short briefing you will find five cases of ongoing disasters, and one case, in the ​ United States, of a disaster in the making. Ok Tedi, Papua New Guinea Majority owned and operated by BHP until 2002, the Ok Tedi copper and gold mine in Papua New Guinea began production in 1986. Since that time, the mine has discharged 80,000 metric tonnes of mine wastes, including heavy ​ metals, directly into the Fly River system every day. The rivers downstream of the mine run thick and grey. When the river floods, it rises over its banks, smothering the ​ forests and food-producing gardens of the indigenous peoples living along the Ok Tedi and Fly Rivers. The ​ polluted water also travels up side-creeks, wreaking similar destruction there. More than 2,000 square kilometres of forest have been damaged or destroyed by tailings from the Ok Tedi mine, ​ ​ including the hunting, fishing and garden areas of more than 40,000 indigenous people. Mount Fubilan, the site of the Ok Tedi Mine, has been reduced from a peak of over 2,000 metres, to an open pit, the bottom of which lies at sea level.
    [Show full text]