JOHN SOUTHALAN

JOHN SOUTHALAN
118 Railway Street, West Perth, AUSTRALIA
PO Box 3248, East Perth WA 6892, AUSTRALIA
9226 0358
John is a mediator (National Mediator Accreditation System), barrister (Western Australian Bar Association), and academic.
John assists parties regarding resources issues in both litigious and non-litigious matters. In addition to mediation, John has considerable experience in contract drafting and disputes, mining applications, compensation obligations & structures, and occupational health & safety. His work has also covered mining regulation in advising regulators, mining companies, land owners, communities and non-government organisations. John has assisted various government agencies (in Australia and internationally) on mining law reform.
John is an adjunct academic with the Universities of Dundee (Centre for Energy, Petroleum and Mineral Law and Policy) and Western Australia, Murdoch and Curtin. He researches and teaches in mining regulation and also on human rights and resources. John has published and presented on topics including human rights and business, mining regulation, climate change, Indigenous rights, minerals taxation, CSR regulation, and mining agreements. He has acted as a peer-reviewer for the Academy of Finland and for numerous publishers and academic journals.
John is a member of the Foundation for Resources and Natural Energy Law (formerly RMMLF), Energy and Resources Law Association (ER Law, formerly AMPLA), International Bar Association, International Law Association, and Western Australian Bar Association. He undertakes extensive volunteer work including for the Environmental Defender’s Office of Western Australia Inc (volunteer lawyer), the Burma Lawyers’ Council (adviser & trainer), and a committee member of the WA Branch Committee (ER Law). John is also a member of the Academic Network for the OECD Guidelines on Multinational Enterprises.
John is an accredited mediator (National Mediator Accreditation System), has an MBA (Mineral Resource Management, University of Dundee) and law degree (University of Western Australia). He previously worked with the Yamatji Marlpa Aboriginal Land Council (Pilbara & Perth, Australia), Centre for Energy, Petroleum and Mineral Law and Policy (Dundee, Scotland), Human Rights and Equal Opportunity Commission (Sydney, Australia) and Corrs Chambers Westgarth (Perth, Australia).
118 Railway Road, West Perth, AUSTRALIA
PO Box 3248, East Perth WA 6892, AUSTRALIA
9226 0358
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John Southalan’s Articles
Conciliating Responsible Business Conduct Claims against Multinational Enterprises
The OECD Guidelines for Multinational Enterprises are internationally agreed standards for responsible business conduct, covering human rights, labour relations, environment, consumer interests and other areas. Australia is one of 50 countries which has joined the...
read moreHigh Court’s Mineralogy decisions: battles and war
In 2020, the WA Parliament enacted a law terminating a current arbitration and extinguishing rights of various companies connected to Clive Palmer. High Court challenges to the law’s validity, brought by Mineralogy companies and Palmer, were dismissed in October 2021....
read moreState Agreements and Resources Operations
Paper addressing contemporary issues regarding the operation of State Agreements in Western Australia in regulating large extractive and resources projects.
read moreTools & mechanisms for ESG due diligence
This note summarises and provides links to various standards and processes about ‘due diligence’ in extractives operations. These include the responsible sourcing requirements of the London Metals Exchange, guides about the extractives sector from the OECD, the World...
read morePrinciples for Durable Extractive Contracts
Note summarising ‘Guiding Principles for Durable Extractive Contracts’ which were endorsed by the OECD Development Centre in February 2020 In February 2020 the OECD endorsed a framework, aimed at governments and investors, for the content and negotiation of...
read moreWestern Australian Aboriginal heritage law
WA’s Aboriginal Heritage Act has the stated aim to preserve Aboriginal heritage, but is used far more often for the opposite effect. This note details cases and events of the Act’s operation since 1972. Read blog on AusPubLaw...
read moreAustralian Resources Sector Regulation
Members of Resources Law Network provided a submission to the Productivity Commission inquiry into Resources Sector Regulation. The submission emphasised the need for increased awareness and use of international standards and materials in Australian resource...
read moreState agreements and WA resources regulation
Western Australia uses parliamentary-approved contracts to regulate many large resources projects. A 2015 report examined the pros and cons of this form or regulation Parliaments and Mining Agreements: Reviving the Numbed Arm of Government. The report summarised these...
read moreTortious Liability for Subsidiaries
This paper summarises two cases, currently underway, concerning parent company tortious liability for subsidiaries. In the United Kingdom, Zambian villagers are suing Vedanta Resources plc and in Canada, Eritrean citizens are suing Nevsun Resources Ltd. The paper...
read moreMining: International Developments with Domestic Significance
International legal developments have increasing relevance for mining operations and mining law.
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