Mining law: Bridging the gap between common law ad civil law systems

摘要

Given the many peculiarities and differences between the two legal systems, in particular, as regards mining law issues, extra due diligence should be exercised by common law lawyers when dealing with a non-common law jurisdiction in order to avoid severe adverse consequences. Practitioners should bear in mind that even within civil law countries in Latin America several significant differences exist given that each country possesses its own national mining laws, regulations, policies and customs, and diverse cultural and political environments. Extrapolation, reasoning by analogy and trying to impose common law concepts and approaches in civil law jurisdictions are common mistakes which should be avoided at all times.