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Full-Text Articles in Law

Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner Jan 2020

Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner

Natural Resources Journal

Asteroid mining is set to be one of the most lucrative industries of the near future. With mineral value that dwarfs resources found on Earth, the race to locate and mine these precious minerals will soon begin in earnest. However, asteroid mining raises numerous legal questions, including how to create contracts for private mining companies to exploit the asteroids. Standard mining contracts provide a foundation for earthbound contracts, while mining in extreme environments such as Antarctica and the seabed provides further structure upon which parties interested in asteroid mining can begin building new contracts. These earthbound contracts also serve as ...


Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Cordes Jan 2020

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Cordes

Northwestern Journal of International Law & Business

Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.

This article explores how ...