Main Hall to Main St.

July 2002

 

"This poses some unique challenges for our international team of experts to develop a legal framework that permits mining while protecting important Panamanian and native peoples' cultural and ecological interests."

-- David Aronofsky

 

 

UM wins contract to draft
Panama's mining legislation

UM will direct a multinational team of legal experts in a project to reform mining laws and regulations for the government of Panama. UM won the $350,000 contract in a competitive bid awarded by the Inter-American Development Bank, an international government organization that funds development activities in Latin America and the Caribbean.

The project will be supervised by UM legal counsel and law school adjunct faculty member David Aronofsky, along with UM law school alumnus and local attorney Phil McCreedy. Other members of the team will include legal experts from Montana and across the United States, as well as from Canada, Chile and Panama. Legal counsel from one of Montana's American Indian tribal governments also is expected to participate.

The project requires preparation of draft legislation and regulations to modernize Panama's current mining law regime by January 2003.

"Panama has some of the world's largest quantities of precious metal resources, but they are located on and near Panamanian indigenous peoples' lands, as well as environmentally fragile national forests," said Aronofsky, who teaches international law and advanced legislation at UM and is fluent in Spanish. "Panama's constitution, like Montana's, guarantees its citizens a clean and healthful environment.

"This poses some unique challenges for our international team of experts to develop a legal framework that permits mining while protecting important Panamanian and native peoples' cultural and ecological interests."

After this work is completed, a larger second phase requiring extensive surveys of relevant geographic sites is expected to be funded by the IADB. Montana private-sector companies will have the opportunity to bid on this work.

The project evolved from a Montana-Panama partnership initiated nearly two years ago by the Montana World Trade Center based at UM.The MWTC obtained a grant from the U.S. Trade Development Administration to fund Montana visits for mining-sector officials of the Panamanian Ministry of Industry and Commerce. The center also has worked to develop other partnership opportunities with Panama.

MWTC Director Arnie Sherman said, "Panama is a good place for Montanans to participate in the country's economic development because it has a well-educated, hard-working labor force, excellent infrastructure and outstanding relations with the United States."

UM was invited to bid for the project by an IADB official familiar with Montana's experience in mining, environmental and Indian law issues. U.S. Sen. Max Baucus later helped the University obtain the project after being assured of the Panamanian government's commitment to environmental and native peoples' protection in any initiative to reform mineral law.

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