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43 Environs: Envtl. L. & Pol'y J. 1 (2020)

handle is hein.journals/environs43 and id is 1 raw text is: 















   Hernando de Soto, the Lone Prospector

   and the Formalization of Artisanal and

   Small-Scale Mining: A Case Study from

                     La Rinconada, Peru


                                Patrick Wieland'


  The incentive to the pioneer held out by the reward of a gold or silver mine, if
he can find one, is magical upon the sanguine temperament of the prospector. For
near a quarter of a century a race of men, constituting a majority by far of all the
miners of the West, patient of toil, hopeful of success, deprived of the associations
of home and family, have devoted themselves, with untiring energy, to sinking
deep shafts, running tunnels thousands offeet in solid granite, traversing deserts,
climbing mountains, and enduring every conceivable hardship and privation,
exploring for mines, all predicated upon the idea that no change would be made
in this system, that would deprive them of their hard-earned treasure.
Senator William Morris Stewart, 18661



    1 Law Degree 2005, Pontificia Universidad Catolica del Peru, LL.M. 2011, Yale Law School,
and MSc. in Environmental Change and Management 2012, University of Oxford. Currently J.S.D.
candidate in residence at Yale Law School and environmental law professor in Universidad del
Pacifico.
This Article was prepared in partial fulfillment of the requirements for a graduate law degree at Yale
Law School. I would like to thank Professor Claire Priest for her invaluable guidance throughout this
project. I benefited from my discussions with Professors Carol Rose and Robert Ellickson. I am in
debt to June Francis, Kristina Henriksson, Clare Ryan, Gerardo Damonte, and Patricio Nazareno for
their substantial feedback to previous drafts. I am also thankful to participants of the 2019 Yale Law
School Doctoral Colloquium, the Environmental Anthropology Collective at Yale University, and the
University of British Columbia 23rd Interdisciplinary Legal Studies Graduate Conference. I benefited
from my conversations and correspondence with Orestes Orrego, Monica Nunez, Ana Quenallata,
Wen Zhou, Daniel Corrales, Renata Bregaglio, and professors at Universidad Nacional del Altiplano
(Peru). Patricia Trainor and Peter Ludwig helped in the structuring and proofreading of this Article.
My visit to Peru (Lima, Puno, Juliaca, La Rinconada and Ituata) during the summer of 2019 was
possible thanks to the funding provided by the Yale Law School Streicker Fund. Jose Farfan, Reiner
Paredes and Roger Pino provided key contacts to make my fieldwork feasible. Gabriel Daly provided
contacts at the Institute of Liberty and Democracy (ILD).
Finally, I am grateful to the dozens of Altiplano inhabitants-who shall remain nameless-for sharing
with me their stories of success, sacrifice, and resilience around their own artisanal mining livelihoods.
    2 Cong. Globe 39thCong., 2nd Session 3226 (1866).

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