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Mitchell and the subsequent Court of Appeal decisions have proven highly controversial. Described as "unduly harsh" and leading to a "climate of fear", Lord Dyson's prediction that there will be more litigation to determine the exact boundaries of the decision have been realised. Much has already been written about the aftermath. The focus of this article is to look at where we are now. How exactly have the rules of the game changed?
Recent reforms of mining laws in African nations have led to a movement away from regimes regarded by many as "investor friendly", with states seeking to assert greater control and generate increased revenues from their resources. However, the importance of a stable regulatory framework in attracting foreign investment has also been recognised. As states attempt to balance these competing goals, an increased focus on the harmonisation of mining law regimes across African regions could provide comfort to investors.
This article contains the chapter covering Australia and information regarding enforcement, appeals and damages in that country.
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