Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No S2 (2026): Special Issue

Critical Mineral Scarcity and the Green Transition: Redefining Mining Concessions Through Human Rights and Environmental Due Diligence

Jehezkiel A.L Lantang (Faculty of Law, University of Dr. Soetomo)
Asse (Faculty of Law, University of Dr. Soetomo)
Yovan Iristian (Faculty of Law, University of Dr. Soetomo)



Article Info

Publish Date
29 Aug 2026

Abstract

The imperative to achieve global net-zero carbon emissions by 2050 has catalyzed an unprecedented surge in demand for critical energy transition minerals—including lithium, cobalt, nickel, copper, and rare earth elements—essential for manufacturing clean energy technologies. However, this green transition risks reproducing historical patterns of colonial extraction, human rights violations, and localized environmental destruction across the Global South and resource frontiers in the Global North. This study examines the legal tension between critical mineral scarcity and international human rights obligations, proposing a fundamental redefinition of mining concession frameworks. Utilizing a qualitative normative-legal methodology and comparative regulatory analysis, this research evaluates two core analytical themes: first, the structural human rights paradoxes, racial capitalism, resource nationalism, and supply chain vulnerabilities inherent in critical mineral extraction; and second, the institutional integration of mandatory human rights and environmental due diligence (mHREDD) standards—such as the European Union Corporate Sustainability Due Diligence Directive (Directive (EU) 2024/1760) and Critical Raw Materials Act—into host-state mining concession contracts. The analysis demonstrates that transforming traditional investor-centric concessions into conditional, compliance-sequenced legal instruments featuring enforceable revocation clauses and transnational civil liability mechanisms is essential to establishing a substantive rule of law capable of reconciling critical mineral security with global environmental justice.

Copyrights © 2026






Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...