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An extraordinary turn of effects that will make many investors rethink investing in certain jurisdictions in which mining rights, the sanctity of mineral #developmentagreements and #securityoftenure are not guaranteed in law. Either way the outcome is a mixed bag for Panama.
What the government loses economically will presumably be compensated in three potentially ways;
1. Environmental protection and natural capital,
2. Perception of prevalence governance based on regard for the public’s voice,
3. Political capital based on a groundswell of public opinion in support of the mine closures.
The losses are primarily economic and on some level reputational.
1. Foreign direct investment associated with the project at different stages in the project cycle and throughout the life of the mine
2. Loss of all project economic deliverables including jobs, human capital development, taxes, economic domestic linkages etc.
3. Perception of a loophole in the law and lack regulatory stability based on failure of the State to protect investor rights.
4. A heightened sense of social risks in the natural resources projects.
First Quantum has already taken a beating through legal cost and a reduction in market share. Ironically, the company might also incur significant mine closure costs from what are now sterile assets.
It will be interesting to see how the financiers, shareholders and company management finally reacts.
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In my own words—About common LEGAL agreements in extractives development project deals. Click for my full video- https://t.co/24AEWvPxi7
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Here at DFA Law, our Commercial Property #team can advise on all elements from options, #financing, #DevelopmentAgreements & #SitePurchase through to eventual #disposal.
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Property Development - Market Mechanisms by Richard Walford https://t.co/avFJ2C3uSW #clawback #developmentagreements #indexation
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