Problems of regulatory governance in the mining sector in Asia

CSRM Contributors:

Other Contributors:

  • Terry O'Callaghan

Published by: UNCTAD's Transnational Corporations

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.


O'Callaghan, Terry and Vivoda, Vlado (2015) Problems of regulatory governance in the mining sector in Asia. Transnational Corporations, 22 1: 31-57.