Towards Regimes for Sustainable Mineral Resource Management-Constitutional Reform, Law and Judicial Decisions in Latin America

Abstract

This chapter examines mining legislation trends in Latin America. It focuses on the interpretation of the judicial decisions of the Constitutional Court of Colombia regarding conditions and processes for decision-making in the context of mining projects. The authors present an initial overview of the economic organisation and the sector legislation model adopted in Bolivia. The chapter anticipates a shift from sectoral regimes, which focus on exploration and exploitation, towards regimes for decision-making processes that mainstream constitutional principles and legal frameworks that apply to managing territories and their natural resources. The emphasis lies on reflecting on gaps in legal and institutional design and on corresponding challenges. This includes the need to strengthen the capacities of institutions and the actors that participate in decision-making processes to advance efforts aimed at furthering sustainable mineral resource management in the region.