OFFSHORE MINING: INTERNATIONAL, EXCLUSIVE ECONOMIC ZONE, AND TERRITORIAL WATERS - THE ARGENTINE PERSPECTIVE

• Jurisdiction: Derecho Internacional

International Mining Law and Investment in Latin America and the Caribbean
(Apr 2005)
CHAPTER 16A
OFFSHORE MINING: INTERNATIONAL, EXCLUSIVE ECONOMIC ZONE, AND TERRITORIAL WATERS - THE ARGENTINE PERSPECTIVE
Florencia Heredia
Estudio Beccar Varela
Buenos Aires, Argentina

Florencia Heredia is a partner of Estudio Beccar Varela where she has been a lawyer for more than ten years. She obtained her law degree with honors from the Catholic University of Argentina in 1991 and obtained also with honors a Master degree on Business Law from the Austral University on 1995. She has a degree on corporate sustainability from the IESC (Instituto de Estudios para la Sustentabilidad Corporativa). She is currently researcher in the Doctorate program of the Austral University as of 1998 on the areas of natural resources and environmental law.

The principal focus of her practice is corporate, environmental and natural resources law daily assisting several companies established in Argentina. For more than ten years she has been very active assisting mining companies that have established in Argentina and has actively participated in the financing of the Bajo de la Alumbrera Project, the Cerro Vanguardia Project and the Veladero Project. She is currently advisor for Rio Tinto in connection with the Potasio Rio Colorado project. She also practices on the agricultural, fishing, forestry and environmental areas.

During 1997 she worked for Beiten Burkhardt Mittl & Wegener (today Beiten Burkhardt) a german law firm based in M&diecmb;unich and with offices all around the world. For such law firm she also worked in the Moscow and St. Petesbourg offices mainly in connection with energy and environmental related projects.

She has been a lecturer in several conferences and seminars in Germany, including her participation as member and lecturer of the Delegation of the Secretary of Industry, Commerce and Mining for the seminar on mining held in Tokyo, Japan in 1998 and of the Delegation of the Secretary of Agriculture, Cattle and Fisheries for the seminars on forestry held in Canada and Japan in 1998.

She is a member of the Argentine-German Law Association; AIJA: Association Internationale des Jeunes Avocats; International Bar Association, Rocky Mountain Mineral Law Foundation, IMPS (International Mining Professionals Society); FUNDAMIN (Argentinean foundation for the development of the mining industry) and member and founder of the Latinamerican Mining Lawyers Association among other relevant entities.

During the last fifty years, the concern for the regulation and exploitation of the natural resources coming from the sea has increased both at the national and international levels. This interest regarding fishing and mining natural resources has been increased during the last years and Argentina is perceived as a country with an enormous mining potential also in the sea zones and maritime spaces.

In this sense, although Argentina has a Mining Code that regulates the ownership rights over mineral substances, and determines how the right to exploit mineral deposits is acquired, maintained and lost, in addition to various specific legal provisions in relation to environmental matters; the country does not have, as of to date, a regulation comprising the general aspects of mining operations in the Argentine maritime spaces.

As a consequence of the new mining policy...