Five Years After the Adoption of the Paris Agreement, Are Climate Change Considerations Reflected in Mining Contracts?

Domestic laws are the ideal legal instrument to regulate the mining sector’s contribution to climate change mitigation and adaptation. Even so, as a stop-gap-measure, governments may consider updating model mining development agreements (MMDAs) or negotiating climate­-related contractual provisions. This CCSI paper explores whether governments are using, and how they can use, investor–state mining contracts to advance climate goals. We synthesize our findings and recommendations for six categories of provisions: integrating renewable energy into mining products, reducing deforestation, requiring a climate risk assessment and community vulnerability assessment, regulating water use, requiring tailings dam design justifications, and integrating climate risks into closure plans.

Authors

Tehtena Mebratu-Tsegaye

Perrine Toledano

Director of Research and Policy

Martin Dietrich Brauch

Lead Researcher

MG

Mara Greenberg

Themes

• Community Benefits
• Development Planning
• Energy Transition
• Mining, Metals and Resource-based Development

Regions

• Sub-Saharan Africa

Tags

• Climate change
• Energy systems
• Just transition
• Renewable energy
• Water