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Mineral Rights Paid Legal System Of The Transfer

Posted on:2004-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2206360092990017Subject:International law
Abstract/Summary:PDF Full Text Request
Mineral resources serves as one of the most important material foundations for economic development, in particular the industrial development. Since the establishment of the new China, the mining industry have provided strong support for the national economic construction and the strengthening of the national power. However, the methodology and theoretic research related to mineral resources administration has far lagged behind the actual demands. The reform and implementation of the compensated transfer of mineral rights system has explicitly exposed the out-datedness of the existing governing laws and mineral rights administration concepts. The thesis first reviewed the evolution of the mineral rights transfer system from non-compensated to compensated one, and discloses the necessity and the practical implications for the implementation of compensated mineral rights system. The thesis then explores the fundamentals and legal nature of mineral rights from a property law angle, and examines the implication and legal forms taken by compensated transfer system, with a highlight over the rights and obligations of the parties involved in the transfer process. A set of compensated transfer procedures based on China's reality is proposed in the thesis. The thesis uses an entire chapter to introduce and analyze the practice of compensated transfer system outside China, which is common practice widely accepted globally for mining development and the promotion of international cooperation, and serves as an effective defending of the permanent sovereignty over natural resources. At the end of the thesis, major issues existing in the implementation of compensated system is outlined with corresponding counter-measures.Throughout the presentation of views, the thesis has stuck to the actual mineral rights administration reality, seeking to provide solutions for issues arising from the establishment of compensated transfer system and mineral rights market through logical contemplation and analysis, for the purpose of integrating theory into practice.
Keywords/Search Tags:mineral rights, compensated transfer system, Mineral Resources Law, UN Resolution on Permanent, Sovereignty over Natural Resources
PDF Full Text Request
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