1. A de-risking toolkit for legal practitioners: the core critical and strategic minerals compendium.
- Author
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Steyn, Elizabeth A
- Subjects
- *
MINING law , *SUPPLY chain disruptions , *WASTE recycling , *SOCIAL impact , *RAW materials - Abstract
Over the course of the past decade, critical and strategic minerals lists have soared in popularity globally. Though nomenclature may range from critical minerals to critical raw materials, the core understanding is generally one informed by critical functionality – often linked to the energy or digital transition or to military purposes – and economic scarcity, which renders it vulnerable to supply chain disruptions. This paper develops a compendium of core critical and strategic minerals with global importance by comparing the critical and strategic minerals lists of ten jurisdictions (Australia, Canada, China, the European Union, India, Japan, the Republic of Korea, South Africa, the United Kingdom, and the United States) and collating a single list on the basis of clear majority representation. Because most mining law practitioners are not trained geologists, the paper then unpacks information that will be valuable to practitioners who encounter a given critical mineral in their practice: Where is it listed as a critical and strategic mineral? Geopolitically speaking, what does the world's security of supply look like? What are its main uses and why is it critical? How is it mined and refined, and are there any particular associated risks? What are the social and environmental impacts that are specifically associated with this mineral (as opposed to impacts broadly associated with all mining)? How easily substitutable is this commodity (given that that constitutes an economic risk to the mine)? Finally, what is the position regarding recyclability? Critical and strategic minerals vary in important ways from one another. The careful practitioner will want to derisk critical and strategic mineral projects in a targeted manner, mindful of the characteristics of the commodity at hand. Thus a rare earths project raises different considerations than a lithium one. Bespoke contracts require insight into the characteristics of critical and strategic minerals, as outlined in the Core Critical and Strategic Minerals Compendium. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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