Mineral Investment and the Regulation of the Environment in Developing Countries: Lessons from Ghana

International Environmental Agreements: Politics, Law and Economics, Vol. 6, pp. 371-394, 2006

35 Pages Posted: 16 Jan 2011 Last revised: 25 Apr 2013

Date Written: 2006

Abstract

This article examines the relationship between foreign direct investment in the mineral sector and environmental regulation in developing countries. It argues that two major trends in global mineral investment have emerged in recent years: increased competition amongst developing countries to attract mineral investment, and the development and proliferation of a standard set of legal protections for mineral investors including access to international arbitration, prohibitions of expropriation without compensation, and commitments to stability of the regulatory regime. Both of these trends may have implications for environmental policy, which are examined in the paper both in general terms and in the context of a detailed case study concerning mineral exploitation in Ghana’s forest reserves.

Keywords: developing countries, environmental regulation, foreign direct investment, international arbitration, mining, Ghana

Suggested Citation

Tienhaara, Kyla, Mineral Investment and the Regulation of the Environment in Developing Countries: Lessons from Ghana (2006). International Environmental Agreements: Politics, Law and Economics, Vol. 6, pp. 371-394, 2006. Available at SSRN: https://ssrn.com/abstract=1740089

Kyla Tienhaara (Contact Author)

Queen's University ( email )

Kingston, Ontario K7L 3N6
Canada

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