MMDA 1.0 is the product of almost two years of work by members of the Mining Law Committee of the International Bar Association. Despite its name, it is not an agreement, in the sense that one could print it out, insert names of parties, and sign it. MMDA 1.0 is a collection of examples from existing mine development agreements and other materials that are designed to help negotiators and drafters by stimulating them to think about some of the difficult issues of legality, fairness, and balance presented by large foreign natural resource investment, particularly in developing countries. On one hand, MMDA 1.0 may be useful as an agenda for negotiating such an investment. On the other hand, MMDA 1.0 may be useful to the lawyers tasked with drafting an agreement for such an investment. Good and effective agreements result when all parties understand and think clearly about the issues being negotiated. The purpose of MMDA 1.0 is therefore not to be an form agreement, but to stimulate negotiators and drafters to think clearly, and educate users about the issues. Out of that process, agreements may emerge. MMDA 1.0 is based on the belief that mining investors, and countries, and civil society share some fundamental interests, and that all interests benefit from long term stability of investment conditions. Long-term stability comes when all interests benefit from an agreement, and when the agreement contributes to both business success and the sustainable development of the societies in which mines operate

Model Mine Development Agreement: A Template for Negotiation and Drafting

Resource Key: 52JG25F4

Document Type: Report

Creator:

Author:

  • MMDA

Creators Name: {mb_resource_zotero_creatorsname}

Place:

Institution: MMDA

Date: 4 April 2011

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MMDA 1.0 is the product of almost two years of work by members of the Mining Law Committee of the International Bar Association. Despite its name, it is not an agreement, in the sense that one could print it out, insert names of parties, and sign it. MMDA 1.0 is a collection of examples from existing mine development agreements and other materials that are designed to help negotiators and drafters by stimulating them to think about some of the difficult issues of legality, fairness, and balance presented by large foreign natural resource investment, particularly in developing countries. On one hand, MMDA 1.0 may be useful as an agenda for negotiating such an investment. On the other hand, MMDA 1.0 may be useful to the lawyers tasked with drafting an agreement for such an investment. Good and effective agreements result when all parties understand and think clearly about the issues being negotiated. The purpose of MMDA 1.0 is therefore not to be an form agreement, but to stimulate negotiators and drafters to think clearly, and educate users about the issues. Out of that process, agreements may emerge. MMDA 1.0 is based on the belief that mining investors, and countries, and civil society share some fundamental interests, and that all interests benefit from long term stability of investment conditions. Long-term stability comes when all interests benefit from an agreement, and when the agreement contributes to both business success and the sustainable development of the societies in which mines operate

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