This paper analyses the governance of foreign mining investment in the Asia-Pacific region. After surveying relevant literature on regulatory regimes, the paper draws on the seminal work by Stern and Holder (1999) to evaluate the regulatory issues in China, India, Indonesia, Papua New Guinea and the Philippines. Our analyses indicate six key regional challenges: regulatory overlap, regulatory capture and a lack of independence from government, lack of impartiality, lack of transparency, inadequate stakeholder engagement and access to regulator, and a lack of institutional capacity. These issues are more pronounced in some countries than in others. Finally, policy implications which may aide regional governments to improve governance infrastructure in their mining sectors are outlined.

Publisher: UNCTAD's Transnational Corporations

Region: Global

Type: Article

CITATION

O'Callaghan, T. & Vivoda, V. (2015) Problems of regulatory governance in the mining sector in Asia. Transnational Corporations, 22 1: 31-57.

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Problems of regulatory governance in the mining sector in Asia
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Problems of regulatory governance in the mining sector in Asia