In this book, based on a Ph.D. thesis at the Centre of Energy, Petroleum and Mineral Law & Policy, University of Dundee, Danièle Barberis undertakes the task to provide the tools to understand such issues, developing a modern study of the evolution of the form and substance of mining agreements in the last three decades. In her view, the key to understanding such evolution lies in the "national political will", which is defined as such will expressed through the government's attitude and which is reflected at a State level in the policy-making process. The author searches in the underlying factors shaping "national political will" (state of the national economy, national ideology, the concept of national sovereignty over natural resources, public opinion and political platforms, and global trends in mineral prices) to explain the mechanisms of its creation, and examines how it affects the form and content of mining agreements, and how it is increasingly being affected by international factors. From that conceptual framework, the author examines current trends and predicts the future of mining agreements. As a tool of analysis, the author uses a sample of selected countries, namely, Australia, Chile, Indonesia and Papua New Guini.

An important contribution of this book lies in the identification and systematisation of some major trends and features in mining agreements, its underlying factors and derivations. The author highlights the evolution of the concept of national sovereignty over natural resources toward a more realistic and practical view of economic sovereignty deriving in the reduction of equity requirements for governments and nationals; the overall reduction of taxation levels, all of which shows an orientation toward securing indirect benefits and encouraging foreign investments, thus creating a larger tax base; the growing attention to "local interests"; the stricter environmental protection provisions, together with a move away from a "polluter suffers" to a "polluter pays" principle and a growing emphasis on prevention from environmental damage. The author also points out the standardisation of mining agreements, and the simplification of the classification of modern mining agreements basically between joint ventures and service contracts.

A major concern of the author is to derive conclusions that help to construct an agreement satisfying both parties, coping with the changing character of "national political will" over time. A good mining agreement should be fair enough when signed, and flexible enough to remain fair over time. The study of the essential elements shaping "national political will" would help transnational mining companies to anticipate the host countries position in the mining bargain. Moreover, the incorporation of provisions such as renegotiation, phase-in, stabilisation, arbitration and force majeure clauses, the mutual equivalence of contractual advantages, the precise determination of rights and obligations of the parties, and the consideration for any entities which may be affected by the mining deal are instrumental to cope with the obsolescence of the mining bargain, and to stand the test of time.

Summing up, the book achieves to disclose the intertwined relationship between mining agreements and political will as a driving force of their evolution throughout the last three decades. Definitely, it contributes with an updated and well-researched analysis on current trends and future directions of mining agreements, thus filling a gap in contemporary mineral law literature. The book is rather difficult to read in one go, but it is certainly rewarding. Specially recommended to those involved in the study, negotiation and drafting of mining agreements, scholars, and anyone concerned about the developments of mineral law and policy.

Elizabeth Bastida (CEPMLP/Dundee)