Notes

in supporting producers, awareness raising and in campaigning for changes in the rules and practice of conventional international trade” (Fair Trade 2009).

NOTES

1. Officially known as Transforming Our World: The 2030 Agenda for Sustainable Development. See https://sustainable development.un.org/index.php?page=view&type=111&nr =8496&menu=35. 2. Examples include McKinsey Global Institute 2013; Barma et al. 2012, particularly chapters 5 and 6; AUC and UNECA 2011; and Stanley and Mikhaylova 2011, which touches on the subject of mine-related infrastructure; and IFC 2013, page 1. 3. This dissatisfaction is documented in many sources from the governments themselves, most notably in the African Mining Vision (AU 2009). See also citations throughout chapter 2 of the Sourcebook. 4. Nigerian Oil and Gas Industry Content Development Act, 2010. http://www.placng.org/new/laws/NIGERIAN%20 OIL%20AND%20GAS%20INDUSTRY%20 CONTENT%20DEVELOPMENT%20ACT,%202010.pdf. 5. Ghana Petroleum (Local Content and Local Participation) Regulations 2013 L.I. 2204. http://www .reportingoilandgas.org/wp-content/uploads/PETRO LEUMLOCAL-CONTENT-AND-LOCAL-PARTIC IPATION-REGULATIONS2013.pdf. 6. Mineral Development Agreement between the Government of the Republic of Liberia, China-Union (Hong Kong) Mining Co. Ltd., and China-Union Investment (Liberia) Bong Mines Co. Ltd. Dated January 19, 2009, article 11.1 (a): http://www.leiti.org.lr/uploads/2/1/5/6 /21569928 /152412379-mineral-development-agreement-between-the -government-of-the-republic-of-liberia-china-union-hong -kong-mining-co-ltd-and-china-union-investment.pdf. 7. Investment Agreement between the Government of Mongolia and Ivanhoe Mines Mongolia Inc LLC and Ivanhoe Mines Ltd and Rio Tinto International Holdings Limited, October 6, 2009, articles 8.4 and 8.5. http://www.turquoisehill .com/i/pdf/Oyu_Tolgoi_IA_ENG.PDF. 8. Qara Zaghan Gold Project Contract between Afghan Krystal Natural Resources Company and the Ministry of Mines of the Islamic Republic of Afghanistan, 2011, article 14.1. https://mom.gov.af/Content/files/Mineral%20Contracts /File_211_QaraZaghan_Contract-English.pdf. 9. Republic of Ghana, Ministry of Energy, Local Content and Local Participation—Policy Framework, February 26, 2010. http://ghanaoilwatch.org/images/laws/local_content _ policy.pdf 10. Nigerian Oil and Gas Industry Content Development Act, 2010. http://www.placng.org/new/laws/NIGERIAN%20 OIL%20AND%20GAS%20INDUSTRY%20 CONTENT%20DEVELOPMENT%20ACT,%202010.pdf. 11. For examples of local content laws and contractual provisions see “Local Content Laws and Contractual Provisions,” Columbia Center on Sustainable Development. http://ccsi .columbia.edu/work/projects/local-content -laws -contractual-provisions/. 12. Law on Mineral and Coal Mining, Law NQ.4/2009, January 12, 2009. http://faolex.fao.org/docs/pdf/ins85947.pdf. 13. Investment Agreement between the Government of Mongolia and Ivanhoe Mines Mongolia Inc LLC and Ivanhoe Mines Ltd and Rio Tinto International Holdings Limited, October 6, 2009: http://www.turquoisehill.com/i/pdf/Oyu _ Tolgoi_IA_ENG.PDF 14. See RWI et al. 2014, Mining Contracts: How to Read and Understand Them, 159–60. In the second category, the authors refer to “the challenge of monitoring compliance” and “the consequences of a breach.” 15. DAI Energy and Resources Group. 2016. “Assessing the Local Content Landscape for Liquefied Natural Gas in Tanzania.” http://dai.com/sites/default/files/erg/wb.pdf. 16. African Development Bank 2016. “Industrialization Strategy for Africa.” http://www.afdb.org/en/news-and -events /article/board-approves-afdb-groups -industrialisation -strategy-for-africa-2016-2025-15981/. 17. This view was proposed by a leading mining lawyer, M. Stephane Brabant, in a presentation to the mining indaba at Cape Town, February 4, 2013, “Resources for Infrastructure Swaps.” https://www.google.co.uk/#q=Brabant+Stephane+ infrastructure+mines. 18. For a discussion of the resource corridor concept and analysis of several case-studies, see Mtegha et al. 2012. 19. For a discussion of this see Toledano et al. 2014. 20. Concern about this is the motivation behind the Integrated Resource Corridors Initiative of 2015, funded by the U.K. Department of International Development and carried out by the World Wide Fund for Nature and Adam Smith International. 21. For a more detailed overview of the environmental effects of the oil and gas industry, see Waskow and Welch 2010. 22. For a recent review of gas flaring rules and practices, with a case study of Kazakhstan, see Nurbekov and Van de Putte 2014. 23. For more on the Global Gas Flaring Reduction Partnership, see its website, http://web.worldbank.org / WBSITE/EXTERNAL/TOPICS/EXTOGMC/EXTGGFR /0,,menuPK:578075~pagePK:64168427~piPK:64168435 ~theSitePK:578069,00.html.

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24. A contrast is with the U.S. territory in the Gulf of Mexico, where more than 1,000 small structures have been removed to date with no significant adverse effects. This cannot be taken as a precedent for decommissioning in deepwater areas. 25. For further discussion of coal mining and climate change, see Halland et al. 2015. It may be appropriate for companies to consider some divestment for environmental reasons. 26. IUCN Definition 2008, from “What Is a Protected Area?” https://www.iucn.org/theme/protected-areas/about. IUCN categorizes protected areas on its website. 27. IUCN Definition 2008. Industry has been sensitive to issues arising from activities in protected areas. For examples of literature on oil and gas activities in protected areas, see APPEA 2013; IPIECA 2003; E&P Forum 1991. 28. Max Planck and BGR 2016. The focus of the study is on mining alone, “leaving aside oil and gas, which would require a stand-alone study” (7). 29. See, for example, Eftimie, Heller, and Strongman 2009a; Lamber 2007; and Ayassou Sawadogo and Córdova Montes 2015. 30. For a review of these issues in the mining sector, see Eftimie, Heller, and Strongman 2009a, 2009b. 31. The World Bank, the IFC, and institutions subscribing to the Equator Principles have all published requirements for the content of ESIAs. 32. Oyu-Tolgoi (2009) Investment Agreement. 33. Qara Zaghan Gold Project Contract between Afghan Krystal Natural Resources Company and the Ministry of Mines of the Islamic Republic of Afghanistan, Definition 1.10: https://mom.gov.af/Content/files/Mineral%20Contracts / File_211_QaraZaghan_Contract-English.pdf 34. For example, the World Bank has environmental assessment as one of its 10 environmental, social, and legal safeguards policies. It is used in the World Bank to identify, avoid, and mitigate the potential negative environmental impacts associated with the bank’s lending operations. See World Bank, “Environmental Assessment,” http://web .worldbank.org/WBSITE/EXTERNAL/PROJECTS / EXTPOLICIES/EXTSAFEPOL/0,,contentMDK:20543912 ~menuPK:1286357~pagePK:64168445~piPK:64168309 ~theSitePK:584435,00.html 35. See Equator Principles, http://www.equator-principles .com. 36. There is a wide body of human rights law at global, regional, and national levels. There have also been authoritative interpretations of treaties over the years. 37. See UN Secretary-General’s Special Representative on Business and Human Rights, “Reports to the UN Human Rights Council,” https://business-humanrights.org / SpecialRepPortal/Home/ReportstoUNHuman RightsCouncil. 38. These can be found on Vimeo, http://vimeo .com /25199195. 39. Business and Human Rights Resource Centre, London, http://business-humanrights.org/. 40. In the United States, there is a growing body of academic commentary on the issues in relation to federal and state law. Some of the notable contributions include the following: Foley 2010; Perry 2011; and Force, Davies, and Force 2011. 41. See Offshore Pollution Liability Agreement, http://www .opol.org.uk/agreement.htm. 42. The only insurance that is available for blowout is Operators’ Extra Expense (OEE) insurance, which, as the name suggests, is designed for operators. The only time a drilling contractor would procure OEE is when drilling is carried out on a turnkey basis. For nondrilling contractors (cementing, logging, drilling, fluids, casing, and so on), OEE is not available as it is designed for drilling and priced per foot drilled. This is not taken out by most contractors, as the premiums are prohibitive and only low insured limits are available, the maximum capacity post-Macondo being in the region of US$500 million, and that would have to cover control of well, redrill, and pollution cleanup. Obviously, this limit is woefully inadequate in a Macondo-type scenario or any major blowout spill. 43. Resolution A.672 (16), adopted October 19, 1989. There are no international guidelines on the removal of disused pipelines. 44. OSPAR 98/3 entered into force on February 9, 1999, and prohibits the dumping and leaving wholly or partly in place of offshore installations. The United Kingdom is a party to the OSPAR. Derogations are possible but are tightly drawn. The existence of this decision is a principal reason why interest in decommissioning by nongovernmental organizations has been muted in recent years, in sharp contrast to the days of the Brent Spar incident. A further decision was adopted in 2006 to address the management of drill cuttings piles. 45. Mineral Development Agreement between the Government of the Republic of Liberia and [ ], November 28, 2008, clause 5.5 (c): http://www.sdsg.org/wp-content/uploads /2011/06 / liberiadevelopmentagreementtemplate.pdf. 46. Investment Agreement between the Government of Mongolia and Ivanhoe Mines Mongolia Inc LLC and Ivanhoe Mines Ltd and Rio Tinto International Holdings Limited, October 6, 2009: http://www.turquoisehill.com/i/pdf/Oyu _ Tolgoi_IA_ENG.PDF 47. For a discussion of CDAs, see Brereton, Owen, and Kim 2011; and World Bank 2012.

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