And the conclusion by today’s legal scholars is that Mining Law, by its specificity, brings fundaments and principles that apply only to this branch of law.
Although still under the strong influence of Administrative Law, the institutes of Mining Law are quickly gaining autonomy.
With the development of the doctrine, there is no longer any need to pummel the Mining Law institutes with legal figures that were devised 200 years ago.
If, when Administrative Law first arose from the end of the eighteenth to the early nineteenth century (the first French author was Romagnosi, in 1814, and the first Chair of Administrative Law was created in Paris in 1819), only four institutes were known (authorization, permission, license, and concession), there are now new legal figures arising from the business world and its new relationships with the state.
Then, the authors show, the Consent for Exploration and Consent for Development, for example, are only, and nothing more than that… Consent for Exploration and Consent for Development, with their own legal nature and attributes.
This is the thesis supported by the author, William Freire, who is a renowned authority on the subject. Based on a wealth of collated doctrine, he has been followed by recognized experts on foreign Mining Law.
Editora: Jurídica Editora
Ano de publicação: 2010