Search Climate Insights Directory

This case study examines a conflict in South Africa between the Amadiba community and the mining company Transworld Energy and Mineral Resources over mining rights in the Pondoland Marine Protected Area, highlighting failures in community consultation and the tension between industrial mining and ecotourism.

A submission by 13 non-governmental organisations, coordinated by the Centre for Environmental Rights, addressed to the Minister of Mineral Resources regarding proposed amendments to the Mineral and Petroleum Resources Development Act, 2002 (MPRDA). The document argues that the current environmental regulatory regime for mining is inferior to that of other industrial sectors and calls for the integration of mining regulation under the National Environmental Management Act (NEMA) to ensure better environmental protection, public participation, and enforcement.

The Centre for Environmental Rights (CER), representing 13 NGOs and CSOs, wrote to the Chief Executive of the Chamber of Mines to defend a request made to the Minister of Mineral Resources. The CER argues that existing statutory tools are insufficient to protect areas of critical biodiversity and hydrological value from mining, and therefore urges the Minister to use her discretion under Section 49 of the Minerals and Petroleum Resources Development Act (MPRDA) to declare certain 'no-go areas'.

This research paper contrasts the official Mining Indaba conference in Cape Town with the concurrent Alternative Mining Indaba, highlighting the exclusion of civil society from the main event and the systemic grievances of African communities regarding mining investments.

This report documents the proceedings of the Fifth Annual Forum of Developing Country Investment Negotiators, held in Kampala, Uganda, from October 17–19, 2011. The event, co-organized by the Government of Uganda, the International Institute for Sustainable Development (IISD), and the South Centre, brought together 79 participants from 40 countries to discuss how developing nations can align foreign direct investment (FDI) with sustainable development goals. The forum focused on the risks of existing bilateral investment treaties (BITs), the importance of regulatory space for host states, and regional cooperation in investment policy.

This briefing consists of testimonies presented to the Inter-American Commission on Human Rights (IACHR) on October 25, 2010, by the Center for International Environmental Law (CIEL) and environmental defenders from Mexico, Guatemala, Honduras, El Salvador, and Panama. The testimonies denounce a regional pattern of violence, criminalization, and systemic impunity targeting individuals who oppose the impacts of the mining industry in Mesoamerica.

This report by the Center for International Environmental Law (CIEL) documents a regional trend of human rights abuses, violence, and killings targeting environmental defenders opposing industrial mining in Mexico and Central America. It argues that these abuses are driven by the failure of host states to manage environmental impacts and protect defenders, as well as a lack of accountability for mining companies in their home states, particularly Canada and the United States.

This executive summary, prepared by the Center for International Environmental Law (CIEL) for the Inter-American Commission on Human Rights, addresses the increasing violence and human rights abuses against environmental defenders in Mexico and Central America, specifically within the context of industrial mining.

This report by the Center for International Environmental Law (CIEL), prepared for the Inter-American Commission on Human Rights, documents a regional trend of violence and human rights abuses against environmental defenders in Mexico and Central America within the industrial mining sector. It highlights the severe social and environmental impacts of mining and argues that state failure to regulate the industry and protect defenders leads to high levels of impunity.

This case study examines a Supreme Court of Appeal (SCA) judgment regarding competing applications for prospecting rights in Limpopo Province. The court focused on whether internal appeal processes under the Mineral and Petroleum Resources Development Act (MPRDA) must be exhausted before seeking a judicial review under the Promotion of Administrative Justice Act (PAJA).

The case of City of Cape Town v Maccsand (Pty) Ltd and Others (2010) establishes that mining activities in South Africa are subject to concurrent jurisdiction across national, provincial, and local government spheres. The court ruled that the Mineral and Petroleum Resources Development Act (MPRDA) does not override local land use planning laws or national environmental legislation, requiring mining operators to obtain authorizations from multiple regulatory frameworks.

This case study examines the legal dispute between the Sanwild Wildlife Trust and Maranda Mining Co (Pty) Ltd regarding the right of access to land for mining operations. The Supreme Court of Appeal (SCA) addressed whether a mining rights holder's right to access land is contingent upon public participation and consultation processes under the Mineral and Petroleum Resources Development Act 28 of 2002.

This research paper describes Alcoa's 'Sustainable Juruti Program' for its bauxite mine in the Brazilian Amazon, which aims to establish a sustainability benchmark for mining in ecologically sensitive regions through a combination of environmental respect, social responsibility, and economic success.

This policy brief examines China's strategic investments in bauxite mining and infrastructure within Cambodia, Laos, and Vietnam, highlighting the lack of regulatory oversight and the potential for significant transboundary environmental impacts.

This case study examines the impact of investment incentives on foreign direct investment (FDI) in Vietnam's mining and quarrying sector, assessing their role in promoting economic, social, and environmental sustainability.

This 2009 case study by the Central Institute for Economic Management (CIEM) and the International Institute for Sustainable Development (IISD) examines the impact of investment incentives on the mining and quarrying industry in Vietnam between 2000 and 2006. The report finds that while tax incentives are highly valued by foreign invested enterprises (FIEs), they are not a prerequisite for investment decisions and have failed to drive sustainable development behaviors. FIEs outperformed domestic firms economically but showed passive approaches to social welfare and environmental protection, often doing only the minimum required by law.

This research paper examines the environmental implications of rapid Foreign Direct Investment (FDI) growth in Lao PDR's hydropower, mining, and construction material sectors, highlighting the gap between the scale of investment and the government's capacity to regulate it.

This policy brief examines China's increasing economic influence in the Mekong region, specifically Cambodia, Laos, and Vietnam. It details how China's domestic demand for natural resources has driven foreign direct investment (FDI) and trade, filling an investment vacuum left by international financial institutions. While providing infrastructure and capital, Chinese investments in hydropower, mining, and agribusiness present significant environmental and social risks due to a lack of adherence to international sustainability standards.

This case study examines a legal dispute between mining rights holders, CA Visser Delwerye (Edms) Bpk and Christiaan Christoffel du Plooy, where the court held the Department of Minerals and Energy (DME) liable for legal costs due to its negligence in issuing a mining permit and its failure to provide information that could have prevented litigation.

This case study examines the legal dispute between Van Eck and Clyde Brickfields (Pty) Ltd, focusing on the application of neighbour law and the principles of nuisance in a mining-related context. The court dismissed the applicants' request for interdicts to limit noise pollution, citing a lack of objective evidence and the fact that the applicants had 'come to the nuisance' in an area with established industrial use since 1972.