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The Green Challenge—Managing Environmental Issues in Natural Resources Projects in Developing Countries

Kit Armstrong, Proceedings of 42nd Annual Rocky Mountain Mineral Law Institute (1996)

International oil and gas and mining exploration and production (E&P) companies are encountering increasing demands worldwide for continued improvement in their environmental performance. They are also being exposed to a steady proliferation of policies, laws, guidelines, and other standards applicable to their activities. These are accompanied by expanded potential for legal, as well as financial, public affairs, and other related liabilities. This paper provides information intended to help companies manage some of the environmental legal risks that have the potential to significantly affect their business.

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§ 3.02 Major Sources of Environmental Law Relevant to Oil and Gas and Mining Operations

[1] General

The basic legal framework within which international oil and gas and mining E&P companies operate consists of international, national, regional/state, and local laws. In many countries, environmental requirements will be found at all these levels. In addition to such hard law, there is a rapidly evolving corpus of what may be considered soft international environmental law. This consists of non-binding instruments that have the potential to evolve into legal standards, such as international conference declarations and governmental and industry organization guidelines. All of these can generate issues of conformance and potential l