Mining Law And Governance In Africa
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| Author | : Bonnie Campbell |
| Publisher | : IDRC |
| Total Pages | : 290 |
| Release | : 2009-06-15 |
| Genre | : Business & Economics |
| ISBN | : 074532939X |
The continent of Africa is rich in minerals needed by Western economies, but rather than forming the basis for economic growth the mining industry contributes very little to African development Investigating the impact of the 2003 Extractive Industries Review on a number of African countries, the contributors find the root of the problem in the controls imposed on the African countries by the IMF and World Bank. They aim to convince academics, governments and industry that regulation needs to be reformed to create a mining industry favourable towards social, economic and environmental development. The book takes a multidisciplinary approach and provides a historical perspective of each country, making it ideal for students of development studies and development organizations.
| Author | : Damilola S. Olawuyi |
| Publisher | : Springer |
| Total Pages | : 361 |
| Release | : 2018-09-11 |
| Genre | : Law |
| ISBN | : 3319976648 |
The book provides a systematic examination of the legal, fiscal and institutional frameworks for the commercial development of petroleum and solid mineral resources in Africa. First, it considers the values, assumptions, and guiding principles underpinning legislation and governance in Africa’s extractive sector. It then provides detailed and comparative evaluations of regulatory frameworks, pricing, local content, procurement, sales, and contractual arrangements across African extractive industries. Further, the book assesses how questions of business and human rights risks, accountability, corporate social responsibility, waste and pollution control, environmental justice, and participatory development have been addressed to date, and how they could be addressed better in the future. Enhancing readers’ understanding of the geography, sources and scope of extractive resources in Africa, the book explains how corporations can effectively identify, mitigate and prevent legal and business risks when investing in African extractive industries. Lastly, it discusses the innovative legal strategies and tools needed to achieve a sustainable and rights-based extractive industry.Written in a user-friendly style, the book offers a valuable resource for corporations, investors, environmental and human rights administrators, advocates, policymakers, judges, international negotiators, government officials and consultants who advise on, or are interested in, petroleum and solid mineral investments in Africa. It also offers students and researchers an authoritative guidebook to the current state of extractive industry laws and institutions in Africa. Numerous examples of how international legal norms could be used to help revitalize the underlying legal and fiscal regimes in African extractive industries – to make them more robust, accountable, sustainable and rights-based – round out the coverage
| Author | : Ainsley Elbra |
| Publisher | : Springer |
| Total Pages | : 244 |
| Release | : 2016-10-31 |
| Genre | : Political Science |
| ISBN | : 1137563540 |
This book takes a fresh approach to the puzzle of sub-Saharan Africa’s resource curse. Moving beyond current scholarship’s state-centric approach, it presents cutting-edge evidence gathered through interviews with mining company executives and industry representatives to demonstrate that firms are actively controlling the regulation of the gold mining sector. It shows how large mining firms with significant private authority in South Africa, Ghana and Tanzania are able to engender rules and regulations that are acknowledged by other actors, and in some cases even adopted by the state. In doing so, it establishes that firms are co-governing Africa’s gold mining sector. By exploring the implications for resource-cursed states, this significant work argues that firm-led regulation can improve governance, but that many of these initiatives fail to address country/mine specific issues where there remains a role for the state in ensuring the benefits of mining flow to local communities. It will appeal to economists, political scientists, and policy-makers and practitioners working in the field of mining and extractives.
| Author | : Elizabeth Bastida |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 1158 |
| Release | : 2005-01-01 |
| Genre | : Law |
| ISBN | : 9041121161 |
This book covers a broad spectrum of issues shaping the current paradigm of minerals sector governance. The ultimate aim of the book is to understand trends and developments in mineral law and policy occurring at international, regional, cross-border and in some selected cases at national level and also to identify some of the challenges lying ahead. With these objectives in view, the book brings together a representative selection of the most knowledgeable authors on the subject. The contributions deal with a diverse range of issues tackled from interdisciplinary perspectives. Topics are divided into five main chapters: international and comparative aspects of mineral law; actors and policies in the minerals industry; investment prospects, financial and fiscal issues; sustainable development and regional outlooks. The book aspires to serve as a useful reference for scholars, practitioners, students and all those with an interest in current developments in the areas reviewed. Elizabeth Bastida is the Rio Tinto Research Fellow and the Director of the Mineral Law and Policy Programme at the Centre for Energy, Petroleum, Mineral Law and Policy at the University of Dundee (CEPMLP/Dundee). Thomas W?lde is the Professor of International Economic, Natural Resources and Energy Law and was (until 2001) the Executive Director of CEPMLP/Dundee. He currently runs TWA, his private consultancy firm, which provides advisory services in natural resources and energy law, regulatory reform, investment promotion, state enterprise/agency appraisal and restructuring, privatisation, contract assessment, negotiation and dispute management. Janeth Warden-Fern?ndez is a Research and Teaching Fellow, an advisor of the Mineral Law and Policy Programme and the Manager of the Distance Learning Programme at CEPMLP/Dundee.
| Author | : Victoria R. Nalule |
| Publisher | : Taylor & Francis |
| Total Pages | : 365 |
| Release | : 2023-06-09 |
| Genre | : Law |
| ISBN | : 1000869504 |
This book explores the various issues that characterise the African mining sector, drawing examples from different African countries and regional organisations. Although there is a massive literature on the subject, some issues have been neglected, including the crucial role of digitalisation and technological advancement in resolving the environmental and social challenges faced in Artisanal and Small-Scale Mining (ASM), deep-sea mining, mining contract negotiations and modernising mining laws to reflect the increasing role of critical minerals, to mention but a few. Therefore, the book unpacks the critical issues associated with the mining sector, explicitly reflecting on the practical solutions needed to address the challenges in the African mining sector. This book uniquely analyses and adds flavour to international mining’s fundamental concepts by describing a simulated annealing-based approach appropriate for complex mining projects in Africa. Book contributors comprise of academics from different universities including professors, practitioners, government policymakers, NGO executives and a variety of different experts. This multidisciplinary book will be of interest to African policymakers, governments, academics, industry professionals, energy and mining institutions, international organisations, universities across the globe and companies.
| Author | : Victoria R. Nalule |
| Publisher | : Springer Nature |
| Total Pages | : 104 |
| Release | : 2019-11-22 |
| Genre | : Social Science |
| ISBN | : 3030330087 |
The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.
| Author | : Bonnie K. Campbell |
| Publisher | : Nordic Africa Institute |
| Total Pages | : 96 |
| Release | : 2004 |
| Genre | : Business & Economics |
| ISBN | : 9789171065278 |
Liberalisation of the mining sector in Africa in the 1980s: a developmental perspective. II.
| Author | : Oyeniyi Abe |
| Publisher | : Routledge |
| Total Pages | : 192 |
| Release | : 2022-05-15 |
| Genre | : Law |
| ISBN | : 1000588211 |
This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.
| Author | : William Brown |
| Publisher | : Routledge |
| Total Pages | : 226 |
| Release | : 2013-03-20 |
| Genre | : Political Science |
| ISBN | : 1134057547 |
This book analyses the rapidly increasing role of African states, leaders and other political actors in international politics in the 21st Century. In contrast to the conventional approach of studying how external actors impacted on Africa’s international relations, this book seeks to open up a new approach, focusing on the impact of African political actors on international politics. It does this by analysing African agency – the degree to which African political actors have room to manoeuvre within the international system and exert influence internationally, and the uses they make of that room for manoeuvre. Bringing together leading scholars from Africa and Europe to explore the role and conception of African Agency, this book addresses a wide range of issues, from relations with western and non-western donors, Africa’s role in the UN and World Trade Organisation, negotiations over climate change, trade agreements with the European Union, regional diplomatic strategies, the character and extent of African state agency, and agency within corporate social responsibility initiatives. African Agency in International Politics will be of interest to scholars and students of Africa’s international relations, African politics, development, geography, diplomacy, trade, the environment, political science and security studies.
| Author | : Taylor & Francis Group |
| Publisher | : Routledge |
| Total Pages | : 140 |
| Release | : 2021-06-30 |
| Genre | : |
| ISBN | : 9781032090450 |
Disputes and dispossession of property rights in the mining sector are causes of injustice, violence, and forced resettlement around the world. This comprehensive volume examines mining, particularly what is often called 'Artisanal and Small-Scale Mining', from a perspective of governance and rights. It focuses on rights to land, natural resources, and other forms of material 'property'. Many projects, policies, and laws targeting artisanal and small-scale mining are embedded in problematic conceptual and institutional frameworks that implicitly stigmatise and discipline artisanal and small-scale miners. This collection takes a critical look at notions of property to destabilise some of these frameworks. The chapters in this book are notable for their recognition of the agency of artisanal miners and 'local communities' within the uneven hierarchies in which they are embedded, and their acknowledgement of the difficulties of state regulation of such a complex set of issues. The authors use a variety of theoretical tools, engaging with political economy, political ecology, classical economic theory, and socio-cultural concepts derived from ethnographic methods. This book includes insightful case studies from Colombia, Democratic Republic of Congo, Ghana, Mongolia, South Africa, and Zambia, and is an important resource for academics, development practitioners, and policy-makers. It was originally published online as a special issue of Third World Thematics.
