2025 Reports

Mining terms: “Use-it-or-lose-it” provisions

Wells, Louis T.

"Use-it-or-lose-it" provisions in mining laws and contracts compel timely and sustained production, preventing firms from hoarding mineral rights without development. Especially vital amid global competition for “critical” resources, these clauses protect host states’ economic interests by ensuring expected resource income and employment, deterring speculative behavior and guiding granting of waivers.