1,720,973 research outputs found
Development of oil sands projects in sub-Saharan Africa: lessons from the governance regime for the Alberta Oil Sands
No full textLegal and institutional frameworks for community development agreements in the mining sector in Africa
No full textJurisdiction by Necessity and the Regulation of the Transnational Corporate Actor
No full textThis article examines the feasibility of using the jurisdiction by necessity doctrine to promote the accountability of transnational corporations (TNCs) for extraterritorial human and environmental rights abuses committed in developing countries with weak accountability mechanisms. Under the doctrine, a court devoid of jurisdiction may nevertheless hear a dispute where it considers that there is no other court where the dispute may be heard or where the plaintiff may be reasonably expected to bring the action. The article analyzes the inadequacy of existing jurisdictional doctrines in light of the complex web of operations of TNCs, which shields them from the reach of traditional jurisdictional doctrines. After exploring the origin of the jurisdiction by necessity doctrine, the article critically examines the elements of the doctrine to see how they may be applied to the regulation of TNCs. The article argues that the emergence of the jurisdiction by necessity doctrine offers plaintiffs in transnational corporate human rights litigation a new jurisdictional possibility to weigh, as the doctrine has the potential to address some of the jurisdictional difficulties encountered in such litigation
Land Grab, Property Rights and Gender Equality in Pluralistic Legal Orders: A Nigerian Perspective
No full textThis article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system – statute law – fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women’s rights. The article argues for an effective use of the political process to complement legal interventions.</jats:p
Addressing the Capacity Building Challenge in the Mining Sector in Rwanda: The Implications of Rwanda's 2014 Mining and Quarry Law
No full textAbstractFew mining countries face capacity building challenges comparable to Rwanda's. Worsened by the genocide, a 2009 report put the number of mining scientists in Rwanda at 40, fewer than four below the age of 40. The government has however recognized that local skills development is crucial to the potential of mining to contribute to the country's economic development. This has been demonstrated through a series of reforms, culminating in the mining code of 2014. This article considers two issues critical to capacity building in the mining sector: formalization of artisanal and small-scale mining and the promotion of local content / procurement. Its main thesis is that the code provides limited opportunities for local mining capacity building and its local content provisions are rather nervously worded. This is worsened by the fact that Rwanda has no freestanding local content legislation. The article calls for Rwanda to adopt such legislation, with specific provisions on local skills training.</jats:p
Accountability of Canadian Mining Corporations for Their Overseas Conduct: Can Extraterritorial Corporate Criminal Prosecution Come to the Rescue?
No full textAbstractThis article is set against the backdrop of the inability of Canadian courts to hear civil cases brought by victims of the operations of Canadian mining corporations in developing countries where accountability mechanisms are weak. The article examines the legal framework for extraterritorial criminal prosecution in Canada with a view to seeing how corporate criminal prosecution could fill the accountability gap and contribute to the promotion of the accountability of Canadian mining corporations involved in human and environmental rights abuses in developing countries. The article argues that extraterritorial criminal prosecution holds prospects for success in Canada, if only the Canadian government is willing to utilize it. The real and substantial link test, the Crimes against Humanity and War Crimes Act, and several sections of the Criminal Code provide sufficient jurisdictional bases for such prosecution. The amendments to the doctrine of corporate criminal liability that were made in Canada in 2003 bolster the criminal jurisdictional strength of Canadian courts. Lastly, there are no compelling international comity concerns to discourage the Canadian government from utilizing the criminal justice process to contribute to the global fight against corporate impunity in human and environmental rights abuses. This article seeks to contribute to the knowledge of the powers at the disposal of the Canadian government to do so.</jats:p
A Legislative Proposal for Public Participation in Oil and Gas Decision-Making in Nigeria
No full textAbstractNigeria is on the verge of comprehensively reviewing its oil and gas laws. The review is aimed at, among other things, addressing the conflicts associated with the management of the resources and, especially, the affect on the people of the oil producing region of the country who have been vigorously protesting about their alienation from the resources. Drawing on the international law of public participation in natural resource management, this article seeks to develop a viable legislative framework for public participation in oil and gas decision-making that Nigeria can adopt. A viable legislative framework must take into account the various factors that shape the effectiveness of participation and the elements that promote the objectives of participation. It is premised on the ground that looking to international prescriptions might help to elucidate gaps in domestic laws, as well as alternatives to overcome them.</jats:p
Mineral Resource Policy Harmonisation in West Africa
No full textThis article critiques the mineral resource policy harmonisation strategies adopted by supranational institutions in West Africa, focusing on local content/procurement and fiscal policy/taxation. Although minerals are sometimes defined to cover both mining and oil and gas, the article focuses on policies related to mining. It views West Africa’s mineral resource policy harmonisation strategies relating to local content and taxation as an attempt to standardise the rules and practices among individual States. Standardisation is particularly strong within the West African Economic and Monetary Union, which requires its member States to domesticate its harmonisation texts without modification. The article argues for a shift from enacting binding supranational rules governing substantive issues (such as the type of local content requirements to be adopted and the fixing of tax and royalty rates) towards rules that promote inter-State cooperation and sharing of information. This would give States sufficient latitude to tailor supranational initiatives to local needs.</jats:p
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