Category Archives: Mining Governance

Guest Post: A BIT of Project Finance Arbitrage in Mongolia

By Kinnari Bhatt As Jennifer Lander observed last week, RIO is getting out the big guns. My new book – Concessionaires, Financiers and Communities: Implementing Indigenous Peoples’ Rights to Land in Transnational Development Projects, shows how investors like RIO use … Continue reading

Posted in Canada, Foreign Investment, International Agreements, Kinnari Bhatt, Law, Mining, Mining Governance, Mongolia and ..., Oyu Tolgoi, Oyu Tolgoi, Research on Mongolia, Taxes | Leave a comment

Guest Post: Between a Rock and a Hard Place: Investor-State Arbitration and Mongolia’s Rapidly Shrinking Policy Space

By Jennifer Lander On the 20th of February, Rio Tinto initiated arbitration proceedings against the Government of Mongolia at the United Nations Commission on International Trade Law (UNCITRAL) through Oyu Tolgoi LLC. The escalation of the dispute over the alleged … Continue reading

Posted in Economics, Foreign Investment, International Agreements, Jennifer Lander, Law, Mining, Mining, Mining Governance, Oyu Tolgoi, Oyu Tolgoi, Policy, Taxes, Trade | Leave a comment

Making News in November 2019

By Mendee Jargalsaikhan Constitutional Revision Just days before the celebration of the 95th anniversary of the abolition of the monarchy, the MPP-ruled parliament and DP president reached a compromise on a set of amendments to the 1992 constitution.  Today, at … Continue reading

Posted in China, Constitution, Democracy, Foreign Policy, Governance, Ikh Khural 2020, Judiciary, Military, Mining, Mining Governance, Party Politics, Politics, Presidential 2021, Protest, Russia, Social Movements | Tagged | Leave a comment

Constitutional Amendments Adopted

By Julian Dierkes While some details remain curiously unclear (as is so frustratingly often the case with Mongolian legislation and reporting on it, the Ikh Khural approved a number of constitutional amendments on Nov 15. While these are subject to … Continue reading

Posted in Constitution, Democracy, Elections, Governance, Judiciary, Mining Governance, Party Politics, Policy, Policy, Politics | Tagged | Leave a comment

The Likelihood of Political Renewal

By  Julian Dierkes Why I am generally optimistic about Mongolian developments, Mongolian politics presents a lot of challenges and the current state of affairs causes more despair than it has in the previous 12+ years that I’ve been paying attention. … Continue reading

Posted in Constitution, Corruption, Democracy, Democratic Party, Foreign Policy, Human Rights, Ikh Khural 2020, Inequality, Judiciary, Mining Governance, Mongolian People's Party, Mongolian People's Revolutionary Party, Nationalism, Party Politics, Policy, Politics, Populism, Presidential 2021, Social Movements | Tagged | Leave a comment

Getting it right: Preventing Conflicts in Company-Community Relations

By BYAMBAJAV Dalaibuyan Conflict with host communities is a major business risk for mining companies in Mongolia. Though we can cite many specific issues causing local opposition to minerals exploration and mining projects, recent research suggests they all can be … Continue reading

Posted in Mining, Mining, Mining Governance, Oyu Tolgoi, Protest | Tagged | Leave a comment

The Tavan Tolgoi Study: Disenfranchised Drivers

By Mendee Jargalsaikhan and Byambajav Dalaibuyan  Who Are They?  There are about 7000 ~ 9000 drivers – carrying out massive coal transportation from three mines, Ukhaa Khudag (known as Energy Resources LLC), State-Owned Erdenes Tavan Tolgoi, and locally-owned Tavan Tolgoi … Continue reading

Posted in Corruption, Environment, Mining, Mining Governance, Tavan Tolgoi | Tagged , | Leave a comment

Preliminary Results of Tavan Tolgoi Study: Irresponsible State, Disenfranchised Drivers

By Mendee Jargalsaikhan & Byambajav Dalaibuyan  The Mongolian Institute for Innovative Policies conducted a human rights assessment in areas affected by Tavan Tolgoi coal mining and transportation operations in Tsogt-Tsetsii, Bayan-Ovoo, and Khanbogd soums of Umnugobi province in March – … Continue reading

Posted in Business, Environment, Erdenes Mongol, Gobi, Human Rights, Infrastructure, Mining, Mining Governance, Policy, Public Opinion, Tavan Tolgoi | Tagged , | Leave a comment

Local Level Agreements in Mongolia: A Need for Government Leadership and Policy Clarity

By Byambajav D Before any mineral exploration and mining can take place in Mongolia, the country’s 2006 Minerals Law requires that the host local government and license holders sign a “local level agreement” (LLA). LLAs typically include commitments and obligations … Continue reading

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Rio Tinto in Mongolia

By Julian Dierkes Recently, Bulgan B and I pointed out that there have been as many CEOs at Oyu Tolgoi over the past ten years as there have been PMs of Mongolia. I also appeared on a live BBC radio … Continue reading

Posted in Foreign Investment, International Agreements, Mining, Mining, Mining Governance, Nationalism, Oyu Tolgoi, Policy | Leave a comment

Job Rotation in the Mongolian Cabinet, at Turquoise Hill and at Oyu Tolgoi

By Julian Dierkes and Bulgan B Any observer would agree that the development of Oyu Tolgoi has been a winding and meandering path. In the foreign press and from an international investor perspective, mentions of the frequent turnover of Mongolian … Continue reading

Posted in Business, Mining, Mining, Mining Governance, Oyu Tolgoi | Tagged | Leave a comment

Implications of Power Politics for OT and Elsewhere “Offshore”

By Marissa Smith About a week ago, Mendee and I agreed to write a pair of blog posts on the question of how OT and the current wave of corruption investigations and arrests, most recently involving former Prime Ministers Ch. … Continue reading

Posted in Corruption, Development, Foreign Investment, Infrastructure, International Agreements, International Relations, Mining, Mining, Mining Governance, North Korea, Oyu Tolgoi | Tagged | Leave a comment

SOMO Report “Mining Taxes”

By Julian Dierkes The Dutch Centre for Research on Multinational Corporations (SOMO) published a report focused on a whole list of issues related to financial and governance structures for the Oyu Tolgoi project. The report was written by SOMO’s Vincent Kiezebrink and … Continue reading

Posted in Canada, Corruption, EU, Foreign Investment, International Agreements, International Relations, Mining, Mining, Mining Governance, Oyu Tolgoi, Policy, Public Policy, Taxes | Tagged | Leave a comment

SOMO Report Preamble: Assumptions

By Julian Dierkes It struck me while reading the SOMO report on Oyu Tolgoi governance and tax structures that there are a number of big assumptions and elements in the Mongolian context that are not discussed explicitly, but that are … Continue reading

Posted in Foreign Investment, International Agreements, Mining, Mining Governance, Oyu Tolgoi, Policy, Public Policy, Taxes | Tagged | Leave a comment

How Are We To Think About Rio’s Balancing of Political Risk and Taxation in Light of SOMO Report?

By Julian Dierkes Rio Tinto’s response to the SOMO report claims that the convoluted corporate structure that has been created for Oyu Tolgoi is not aimed at saving taxes, but rather at reducing investment risk. For as long as Rio … Continue reading

Posted in International Agreements, Mining, Mining Governance, Oyu Tolgoi, Public Policy, Taxes | Tagged | Leave a comment