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

"It is a widely held view that in the 21st century, the mining industry will be dominated by a relatively small number of large companies, truly global in scope and internationally staffed (Gooding, 1997). Interestingly enough, most of the exploration and exploitation activities are being carried out by junior and major mining companies from common law jurisdictions in civil law countries, in particular in Latin America, where in recent years, the region has ranked first as a destination for exploration dollars, thanks to the reforms undertaken by some countries to amend their legal framework to attract foreign investment. From a lawyer’s point of view, this is where the main challenge lies: how to bridge the gap between the two legal systems.In order to avoid pitfalls, common law lawyers should be more diligent and proactive when dealing with civil law jurisdictions, given the different systems of law, standards, traditions and customs. Common law lawyers cannot be expected to be well-versed in civil law but they should not be completely unfamiliar with it either. A balance should be struck to ensure clients’ needs are professionally taken care of and that common law requirements and standards are met."