Argentina; Overview Of The Legal Framework For Cross-Border Mining Projects

I. Introduction

Fortunately for us all, Mother Nature does not care or respect limitations of man and, therefore --among many other things-- mineral deposits hold aloof from political disruptions associated with borders between countries. However, this frequently appears as a major challenge for the development of mining projects.

It would be convenient for Latin-American countries to support the development of cross-border mining projects not only because of the potential productive linkages involved 1, but also because of the contribution that mining development provides to areas geographically outcast where physical infrastructure, services availability and communications improvements are an urgent need 2. Additionally, and most important of all, the correct development of cross-border mining projects is a also a demand of sustainable development, since is was acknowledged that the responsible exploitation of minerals is based on the use of appropriate methods that guarantee a reasonable mineral recovery rate 3 which, in the case of cross-border mineral deposits, is practically impossible if the interested parties to the border and project do not provide an adequate legal framework.

Below follows an outline of Argentina's achievements so far in this subject, especially considering the bi-national integration with Chile and Bolivia and the progresses reached through MERCOSUR.

II. The Deregulation Process of the 90's - A new horizon for Regional Mining Integration

Following the regional trend...

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