Around the world, mining is often framed as a driver of economic growth and a key part of the clean energy transition. But beneath the surface, the various laws that govern mining can set the stage for inequality and conflict.

This article uses the processes of mining contract formation and investor–state dispute settlement (ISDS) as examples of how legal frameworks can create and reinforce structural inequalities in the mining sector. By shaping who holds power, whose voices are heard, and how environmental and social concerns are addressed, these legal foundations create the conditions for mining conflicts to emerge and spread.

Research argues that tackling mining’s structural inequities means rethinking these legal foundations. Greater transparency and stakeholder inclusivity in contract formation, stronger community participation in decision-making, and reforms to ISDS that balance investor protections with environmental and human rights safeguards could help shift the balance of power. While law alone cannot solve all the challenges of mining, understanding its role in creating, and potentially reducing, conflict is a critical step toward fairer, more sustainable resource governance.