Transition, Vol. 22 No. 44, 2019.
Preliminary communication
MINING LEGISLATION AND REGULATORY SETUP FOR MINERAL RESOURCE MANAGEMENT - REVIEW AND EVIDENCE FROM THE TRANSITION ECONOMY OF KOSOVO
Azem Rexhaj
; currently doctor candidate in University of Prishtina
Justina Shiroka-Pula
; corrently member of Acedemic Siencies in Republic of Kosovo and lecturer in the Economic Faculty “Hasan Prishtina”in Prishtina University
Abstract
Mining Sector in Kosovo is of crucial importance for the economic development of the country. Since 1999 it has been considered as one of the main areas that would attract foreign investments and thus improve the economy of a young country emerging from the conflict of 1998-1999. The regulation of the mining sector began with the UNMIK Regulation 2005/3 on Mines and Minerals and 2005/2 on Establishment of Independent Commission for Mines and Minerals. Mining regulations and regulatory arrangement in Kosovo were designed in line with James Otto’s ideology and with regard to investors’ confidence established an independent agency as the Regulator. The principles used in designing the mining regulatory arrangement were to find the best way of attracting foreign investors. Different laws and papers amended, including “Mineral Title Management and Regulatory Procedures”. Since 2005, the mining legislation has been amended and supplemented several times in order to follow the needs of the sector, private entities as well as to preserve the public interest. Parallel with its crucial importance the mining sector is one of the most complex sectors. Its complex nature involves many different legislations and institutions followed by few challenges in this sector since 1999. The purpose of this paper is to outline the existing legal and institutional framework of the mining sector. Furthermore, this paper aims at addressing main legal and institutional challenges that the mining sector is facing. Finally, the paper includes the conclusions and few recommendations for improving the legal and institutional framework governing the mining sector.
Keywords
Mineral resources; mining legislation; mining licence; exploaration; exploitation; mining strategy; environment. EU Directive; consent.
Hrčak ID:
235906
URI
Publication date:
20.3.2020.
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