Mining Law as an autonomous branch: need for its recognition in the Law degree curriculum

Abstract

Introduction: Since man discovered the existence of mineral substances, his interest in appropriating these natural resources aroused, thus arising the need to regulate the relationship established for their exploitation, through Mining Law. In Cuba, this activity is one of the most productive, it has even become a source of attracting foreign direct investment. This article aims to: substantiate the need to incorporate the Mining Law subject into the training of university students studying Law in Cuba, to develop knowledge and skills about the legal relationships that arise due to the development of mining activity. Materials and methods: It is a theoretical study, in which the methods of analysis-synthesis, induction-deduction, document analysis, exegetical and comparative law were used based on qualitative methodology. The technique of reviewing institutional documents and academic programs from Law Schools in different countries was applied. Results: It was demonstrated that Mining Law is an autonomous branch of Law. It was noted that in other countries it is studied and taught as a subject of the Law degree. It was found that in Cuba a small part of its content is studied and taught within the subject of Environmental Law. Discussion: The results confirm that Mining Law is an autonomous branch of Law and, as such, reveals the need to institutionalize its study and teaching as an independent subject of the Law career in Cuba. Conclusions: The demonstrated autonomy of Mining Law allowed us to argue the need for its study and teaching as an independent subject of the Law career in Cuba, taking into account that this is one of our main productive activities.