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n Tydskrif vir die Suid-Afrikaanse Reg - Mineral Law: Principles and Policies in Perspective, H. Mostert : book review

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Abstract

This book was written to fill a "perceived gap in literature and a peculiarity of scholarship on South African mineral law" (xii), and is based on a manuscript prepared for , a dispute in the International Centre for Settlement of Investment Disputes (ICSID). The case concerned the impact of the Black Economic Empowerment (BEE) provisions in the Minerals and Petroleum Resources Development Act of 2002 (MPRDA). In this case, the claimants asserted that the MPRDA, aimed at redressing the injustices of the past by converting previously held mineral rights to rights held in terms of licences, expropriated them of their mineral rights, and was therefore in violation of South Africa's international obligations under its BITs. The author wrote the book in her capacity also as a property law expert, aiming to look at "how the principles of mineral law are challenged by policies determining its proprietary and regulatory aspects" (xii).

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/content/ju_tsar/2013/1/EJC130600
2013-01-01
2016-12-06
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