- University of Pretoria
Lynnwood Road,
Pretoria
South Africa
0001
Leonardus J Gerber
University of Pretoria, Public Law, Faculty Member
- Artisanal and Small-scale Mining, Mining Law, Mining, Public Policy Analysis, Accountability, Minerals, and 15 moreSupply Chain Risk Management, Mining Policy, Mine closure, Seabed Mining, Deep Sea Mining, Deep Sea Mineral Mining, Deep Sea Bed Minerals, Rare Earth Elements, Project Finance, International Environmental Law, Cultural Resource Management (Archaeology), Public Law, Environmental Law, Natural Resources, and Extractive industriesedit
- Leonardus (Leon) Gerber is a Senior Law Lecturer and Programme Director for the University of Pretoria 'Extractive In... moreLeonardus (Leon) Gerber is a Senior Law Lecturer and Programme Director for the University of Pretoria 'Extractive Industries Law in Africa' Programme. Previously the Rio Tinto Research Fellow with the CEPMLP, (University of Dundee, UK), his research interests include deep seabed mining; mining agreements; and mine closure. His expertise is in the legal and policy aspects regarding sustainable management of the extractive resource sectors, particularly of Africa.edit
This chapter critically assesses the role that mining and minerals have in the wider context of sustainable development. In particular, we assess the role of law (and of international law in particular) in balancing the economic interests... more
This chapter critically assesses the role that mining and minerals have in the wider context of sustainable development. In particular, we assess the role of law (and of international law in particular) in balancing the economic interests of the mining activity, with the requirements of social justice and environmental protection. The starting point for discussion lies in the recognition of the fact that mining and minerals are present in only two brief paragraphs within the final outcome of the Rio+20 process document. We also assess the pre- and post-Rio+20 processes to determine the extent to which the debate around minerals and mining has been present in the negotiations prior to Rio. The chapter touches upon a selection of contemporary issues affecting the contribution of mining to sustainable developing, including effective post-mining closure regulation, means to enhance transparency and accountability and, ways to prevent illicit activities funded through mining activities; and the emergence of the social license and climate change debates.
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In the past few years, the Chinese government opted to restrict the export of selected minerals on environmental and health grounds, subsequently leading to an uproar in countries and regions that rely heavily on imports from China to... more
In the past few years, the Chinese government opted to restrict the export of selected minerals on environmental and health grounds, subsequently leading to an uproar in countries and regions that rely heavily on imports from China to develop their renewable industry sector. This paper places the focus on the law and policy of the Chinese export restrictions of critical minerals, and its implications for the global renewables energy industry. The paper critically assesses how such export restrictions have been dealt with under the dispute settlement system of the World Trade Organisation (WTO). Drawing on this WTO jurisprudence, we posit that litigation on export restrictions of the kind imposed by China poses a threat to the legitimacy of the WTO. We therefore conclude by exploring whether there are any alternatives to litigation as a means to deal with countries choosing to impose mineral export restrictions.
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Earlier research findings in POLINARES Workpackages 2 and 4 identified security of supply of raw materials as a key potential risk to continued EU competitiveness. The position of the EU in global mineral interactions, and the resultant... more
Earlier research findings in POLINARES Workpackages 2 and 4 identified security of supply of raw materials as a key potential risk to continued EU competitiveness. The position of the EU in global mineral interactions, and the resultant challenge of addressing the risk of security of supply in context of non-energy raw materials, was further discussed in Chapter 4 of Workpackage 5. This paper elaborates upon these previous findings, and aims to highlight some of the challenges in existing multi-lateral collaboration and regional development cooperation mechanisms between the EU and Sub-Sahara African. It concludes by stressing certain critical considerations for future dealings between the EU and the SSA region in the securement of access to non-energy raw materials.
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This paper aims to provide an overview of the current status of EU non-energy raw materials policy and subsequent attempts by the EU to address risks and challenges in order to increase the potential for long-term enhancement. Previous... more
This paper aims to provide an overview of the current status of EU non-energy raw materials policy and subsequent attempts by the EU to address risks and challenges in order to increase the potential for long-term enhancement. Previous POLINARES Workpackages had identified certain risks and challenges to the EU accessibility of natural resources, with security of supply identified as a significant threat to continued EU competitiveness. This paper builds upon these findings by examining the reasons for its evolvement into its current state, and investigating existing EU institutional capabilities (or lack thereof), specifically with regard to non-energy raw materials policy. The paper further examines the policy responses that aims to address those challenges, and the proposed introduction of a common EU mineral Policy. Active internal relations between the EU Member States, as well as active external relations with certain strategic raw material producing regions, is emphasized as crucial prerequisites for the successful implementation of such a policy initiative. Mechanisms, such as regional development cooperation and collaboration are briefly reviewed as to lay a foundation for further detailed discussions in the subsequent case studies in Chapter 5.
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Anthropogenic use of mercury remains a considerable danger to human health and the environment. The artisanal and small-scale gold mining sector in particular is a considerable contributor to the release of elemental mercury into the... more
Anthropogenic use of mercury remains a considerable danger to human health and the environment. The artisanal and small-scale gold mining sector in particular is a considerable contributor to the release of elemental mercury into the environment, the use of which represents one of the most visible aspects of the sector. In terms of international environmental law, the explicit inclusion of the sector in the recent Minamata Convention on Mercury Use denotes a novel, albeit predictable development. Though this inclusion is commendable, serious reservations arise as to the actual tangible efficacy of the Convention on the abatement of mercury use within the sector. Accordingly, this talk critically examines the Convention, in particular those measures relating to Party obligations in implementing National Action Plans. In doing so, it draws upon the successes and failures of sample international environmental law instruments in order to answer whether potential for the envisioned success is realistic, or whether the Convention merely represents a token acknowledgement of the sector impact.
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Presentation at the Strathclyde Centre for Environmental Law and Governance Seminar (3 December 2014).
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The presentation consisted of an overview of the direction that emerging trends in mining administration and regulation seems to be following. The presentation was further illustrated with a selection of contemporary regulatory... more
The presentation consisted of an overview of the direction that emerging trends in mining administration and regulation seems to be following. The presentation was further illustrated with a selection of contemporary regulatory challenges, including mineral rights and titles; dispute resolution; corruption and transparency; and environmental concerns and mine closure.
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This two day workshop is aimed at providing delegates with a concise but comprehensive overview of the mining sector and the legal agreements that govern the sector. Delegates will be introduced to the mining industry, and the many... more
This two day workshop is aimed at providing delegates with a concise but comprehensive overview of the mining sector and the legal agreements that govern the sector. Delegates will be introduced to the mining industry, and the many aspects that affect the sector. The workshop will further familiarise delegates with the various foundational aspects and terminology employed in the negotiation and administration of mining agreements, with selected case studies used throughout to illustrate particular topics.
After attending this workshop, delegates will have gained a broad understanding of the mining sector and the challenges particular thereto, and the necessary knowledge to recognise different forms of mining agreements, understand commonly used clauses, and understand the requirements for ‘good’ mining regimes.
After attending this workshop, delegates will have gained a broad understanding of the mining sector and the challenges particular thereto, and the necessary knowledge to recognise different forms of mining agreements, understand commonly used clauses, and understand the requirements for ‘good’ mining regimes.
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This workshop is aimed at providing delegates with a concise but comprehensive overview of mining agreements, including the various foundational aspects and terminology used in the administration of mining agreements, and should gain the... more
This workshop is aimed at providing delegates with a concise but comprehensive overview of mining agreements, including the various foundational aspects and terminology used in the administration of mining agreements, and should gain the necessary knowledge to - recognise different forms of mining agreements; recognise and understand commonly used clauses; understand requirements for ‘good’ mining agreements, and the various difficulties in using agreements.