Growing Role of Social License in Investor-State Disputes
At a recent
My Background & Biases
I was a Principal Environmental Specialist at the European Bank (
What is a Social License to Operate (SLO)?
I think of a Social License as an extra-legal and dynamic concept. It indicates the presence of broad acceptance and trust by project-affected communities and, where appropriate, other stakeholders. Much like a marriage, developers and operators need to continuously work on their SLO so it does not erode or become irreparably damaged.
SLO is a Material Risk
Social License leads E
SLO Challenges in Mining
Poor conduct of past owners or security forces, presence of indigenous people, complex land tenures and poor resettlement, and project-unrelated conflicts and insecurity can be indicators and drivers of SLO risk. Also, host governments can either provide enabling or unworkable environments for developers to pursue, secure and maintain a Social License.
Due Diligence and State-Investor Disputes
Demonstrably aligning engagement, design, operation, closure and transparency with good international practice, ranging from the