Indigenous co-ownership of mining projects: a preliminary framework for the critical examination of equity participation

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Abstract

Negotiated agreements are now a commonplace mechanism for governing the relationship between mining companies and Indigenous peoples. What is not commonplace are agreements in which Indigenous people acquire an equity stake in industrial-scale projects on their land. Recent and powerful calls for greater Indigenous control of mining projects have drawn renewed attention to the question of Indigenous co-ownership and Indigenous equity participation. This paper describes co-ownership arrangements emerging globally and raises critical questions that drive closer examination of the value proposition of Indigenous equity participation for Indigenous groups and other parties.

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Kung, A., Holcombe, S., Hamago, J., & Kemp, D. (2022). Indigenous co-ownership of mining projects: a preliminary framework for the critical examination of equity participation. Journal of Energy and Natural Resources Law, 40(4), 413–435. https://doi.org/10.1080/02646811.2022.2029184

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