Law Commons^™

Resource Nationalism And Zambia’S Oscillating Mining Taxation Regime, Edna Kabala, Rosemary Mapoma, John Lungu

Zambia Social Science Journal

The parcelling and privatisation of the large state-owned mining conglomerate Zambia Consolidated Copper Mines (ZCCM) involved the signing of Development Agreements (DAs) between the Zambian government and the new private investors. These DAs were concessionary to the new investors, offering low taxation rates, tax exemptions and deductions. But in 2008, under political pressure from the opposition, then President Mwanawasa abrogated the DAs with a new Mines and Minerals Act, removing exemptions and deductions and increasing taxation rates. This action set in motion a decade long period of contestation over mining taxation in Zambia, with the introduction and retraction of numerous …

Vedanta Resources Plc And Konkola Copper Mines Plc V Lungowe And Others 2019 Uksc 20, Pamela Towela Sambo

SAIPAR Case Review

This case was initiated in the court of first instance, the England and Wales Technology and Construction Court (hereinafter referred to as the UK High Court Division) on 31 July 2015, by 1, 826 Zambian citizens who are resident in Chingola, Zambia. The claimants sought damages for personal injury, wide ranging environmental harm, damage to property, loss of income and amenity and enjoyment of land arising out of alleged pollution and environmental damage caused by the second appellant, Konkola Copper Mines (hereinafter referred to as ‘KCM’) at its Nchanga copper mine from about 2005 to date.

The first appellant, Vedanta …

Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn

Cornell International Law Journal

The Foreign Sovereign Immunities Act of 1976 (FSIA) constitutes an exception for sovereign states to the normal jurisdictional rules that govern when parties are subject to suit in US courts. The commercial activity provision is a carveout within that broad exception-it deprives sovereign states of their exceptional immunity when they engage in commercial conduct. Within this framework, courts have used the natural resource rule to circumvent the commercial activity carveout and restore immunity to sovereign states. This Note argues that the rule should be abandoned in favor of a much more limited test, thereby increasing the number of sovereign states …

Rebalancing Oil Contracts In Venezuela, Julián Cárdenas García

Cornell Law School Inter-University Graduate Student Conference Papers

During the last decade, the Venezuelan government has pursued a reform of the legal regime of hydrocarbons tailored to its interests as an oil producing country. However, the ongoing consequences of the global economic recession which negatively impacted the Venezuelan economy, call into question the suitability of such scheme. Confronting the challenge of attracting foreign investment, the methods of awarding contracts used by the Venezuelan Government have contributed to the approval of a series of incentives which are rebalancing the contractual conditions for new oil ventures. Royalty and tax reductions, access to international arbitration and the protection granted through bilateral …

The Legal Justifications For A People-Based Approach To The Control Of Mineral Resources In The Democratic Republic Of The Congo, Dunia P. Zongwe

Cornell Law School Inter-University Graduate Student Conference Papers

The Democratic Republic of the Congo (DRC) is endowed with vast mineral wealth. However, although renewed activities in the mining sector ameliorated the DRC’s fiscal position and GDP growth in 2005-07, generally the peoples of the DRC neither participate in nor benefit from the exploitation of mineral resources. The problem is that the exploitation of mineral resources in the DRC go against the interests of the Congolese peoples. To be sure, the Congolese peoples are some of the poorest in the world. The main purpose of this paper is to explore the ways in which the peoples of the DRC …

Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Mining With Mr. Justice Holmes, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Mining Legislation And Mineral Development In Zambia, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Implementing Federal Environment Policies: The Limits Of Aspirational Commands, James A. Henderson Jr., Richard N. Pearson

Cornell Law Faculty Publications

No abstract provided.

Mineral Taxation In Zambia, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

The Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.