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The efficacy of the Equator principles framework in mitigating community-related risks during the financing of mining projects
Mini Dissertation (LLM)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613590835429376 |
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| access_status_str | Open Access |
| author2 | Gerber, Leonardus J. |
| author_browse | Gerber, Leonardus J. |
| author_facet | Gerber, Leonardus J. |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/70110 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:34.370Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/70110 The efficacy of the Equator principles framework in mitigating community-related risks during the financing of mining projects Gerber, Leonardus J. u14095476@tuks.co.za Jacobs, Megan Gail UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. The research below is essentially aimed at evaluating how effective the Equator Principles are when it comes to the mitigation or negation of community-related risks while ensuring that mining projects are feasible and therefore, worthy of being financed. The Equator Principles constitute a risk management framework that aims to offer a benchmark for “due diligence and monitoring” processes. It was established to assist Equator Principles Financial Institutions with handling the identified environmental and social risks, appropriately. Furthermore, the Equator Principles are acknowledged globally and have the potential to significantly change the way in which mining companies engage with the communities they inhabit. This research therefore proceeded to identify key mining activities that characterise each phase of the life of a mine. Within each phase, mining companies are faced with various community-related risks which could easily be prevented if they are identified at the onset of the project. Three brief case illustrations were considered in order to aid in the evaluation of both community-related risks as well as how the Equator Principles are and could be applied. While there are ten principles, focus was drawn on five specific principles. Thereafter, a brief historic analysis was considered before evaluating how these five principles are currently being applied. This was done by taking their respective limitations into account in an attempt to recommend an alternative approach that would result in a mutually beneficial outcome for financier and mining company alike. The key resultant limitation identified was that despite the EPs being sound principles, their application and implementation appears to be the source of many of the associated failures. The key resultant recommendation was that while the EPs need to be approached differently in that mining companies need to incorporate the EPs into their policy framework so that their application becomes inherent and a way of doing business. If done correctly, the mining company stands to save money by avoiding unnecessary interruptions and financiers stand to have the peace of mind that their requirements have been satisfactorily met while the loans will be repaid. Public Law LLM Unrestricted 2019-06-02T11:40:06Z 2019-06-02T11:40:06Z 2019/04/04 2018 Mini Dissertation Jacobs, MG 2018, The efficacy of the Equator principles framework in mitigating community-related risks during the financing of mining projects, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/70110> A2019 http://hdl.handle.net/2263/70110 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD The efficacy of the Equator principles framework in mitigating community-related risks during the financing of mining projects |
| title | The efficacy of the Equator principles framework in mitigating community-related risks during the financing of mining projects |
| title_full | The efficacy of the Equator principles framework in mitigating community-related risks during the financing of mining projects |
| title_fullStr | The efficacy of the Equator principles framework in mitigating community-related risks during the financing of mining projects |
| title_full_unstemmed | The efficacy of the Equator principles framework in mitigating community-related risks during the financing of mining projects |
| title_short | The efficacy of the Equator principles framework in mitigating community-related risks during the financing of mining projects |
| title_sort | efficacy of the equator principles framework in mitigating community related risks during the financing of mining projects |
| topic | UCTD |
| url | http://hdl.handle.net/2263/70110 |