{"title":"政治风险及其在全球矿业争端中的关键作用","authors":"Harry Burnett, Peter Brabant","doi":"10.54648/joia2023023","DOIUrl":null,"url":null,"abstract":"Political risk has a key role to play in mining disputes – whether it be the catalyst, or trigger, for the dispute, or a risk materializing at some later point in time that may, for example, impact a party’s attempt to resolve the dispute. This article analyses political risk through the following lens: while some jurisdictions may inherently be riskier than others, recent disputes demonstrate that political risk can, and indeed will inevitably continue to, rear its head in the mining landscape across the world. This is evident from three current and prominent mining disputes in Panama, Australia and Ecuador which are discussed in this article, including the role played by political risk in each. Each of these disputes demonstrates the need for, and nuances associated with, understanding, responding to and successfully resolving such disputes – with as little disruption as possible to the underlying project or asset.\nMining, Mining disputes, Political risk, Resource nationalism, International arbitration, Panama, Australia, Ecuador","PeriodicalId":43527,"journal":{"name":"Journal of International Arbitration","volume":"39 1","pages":"0"},"PeriodicalIF":0.4000,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Political Risk and Its Key Role in Mining Disputes Around the World\",\"authors\":\"Harry Burnett, Peter Brabant\",\"doi\":\"10.54648/joia2023023\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Political risk has a key role to play in mining disputes – whether it be the catalyst, or trigger, for the dispute, or a risk materializing at some later point in time that may, for example, impact a party’s attempt to resolve the dispute. This article analyses political risk through the following lens: while some jurisdictions may inherently be riskier than others, recent disputes demonstrate that political risk can, and indeed will inevitably continue to, rear its head in the mining landscape across the world. This is evident from three current and prominent mining disputes in Panama, Australia and Ecuador which are discussed in this article, including the role played by political risk in each. Each of these disputes demonstrates the need for, and nuances associated with, understanding, responding to and successfully resolving such disputes – with as little disruption as possible to the underlying project or asset.\\nMining, Mining disputes, Political risk, Resource nationalism, International arbitration, Panama, Australia, Ecuador\",\"PeriodicalId\":43527,\"journal\":{\"name\":\"Journal of International Arbitration\",\"volume\":\"39 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2023-10-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Arbitration\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.54648/joia2023023\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Arbitration","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54648/joia2023023","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Political Risk and Its Key Role in Mining Disputes Around the World
Political risk has a key role to play in mining disputes – whether it be the catalyst, or trigger, for the dispute, or a risk materializing at some later point in time that may, for example, impact a party’s attempt to resolve the dispute. This article analyses political risk through the following lens: while some jurisdictions may inherently be riskier than others, recent disputes demonstrate that political risk can, and indeed will inevitably continue to, rear its head in the mining landscape across the world. This is evident from three current and prominent mining disputes in Panama, Australia and Ecuador which are discussed in this article, including the role played by political risk in each. Each of these disputes demonstrates the need for, and nuances associated with, understanding, responding to and successfully resolving such disputes – with as little disruption as possible to the underlying project or asset.
Mining, Mining disputes, Political risk, Resource nationalism, International arbitration, Panama, Australia, Ecuador
期刊介绍:
Since its 1984 launch, the Journal of International Arbitration has established itself as a thought provoking, ground breaking journal aimed at the specific requirements of those involved in international arbitration. Each issue contains in depth investigations of the most important current issues in international arbitration, focusing on business, investment, and economic disputes between private corporations, State controlled entities, and States. The new Notes and Current Developments sections contain concise and critical commentary on new developments. The journal’s worldwide coverage and bimonthly circulation give it even more immediacy as a forum for original thinking, penetrating analysis and lively discussion of international arbitration issues from around the globe.