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This book investigates the historical economic and legal regimes that legitimated the resource extraction and exploitation of Africa between the 15th and 19th centuries and led to the continent’s trajectory of underdevelopment in the world system. The book interrogates the economic and legal structures that supported European intervention in Africa. It explores the trade and private property rights which were to shape the economic future of the continent, most notably the trade in human beings as legitimate private property by European powers. The book then looks at the techniques used to submerge African sovereignty under European sovereignty during the scramble for territorial control in the 19th century, concluding with the validation of occupation in international law following the 1884-85 Berlin Conference. The book argues that the doctrines of trade and property rights sanctioned by international law led to a trend of African dispossession that set the continent on a path to underdevelopment, with long-reaching consequences. This book will be of interest to researchers and students across law, history, economics, international relations, and African studies.
Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
A pioneering study that challenges the legal orthodoxy of sustainable development in international law from a non-Western perspective.
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.
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
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
This book considers how basic income could be used as a mechanism for disaster risk reduction and climate change adaptation in African agrarian societies. African agrarian societies are among those most severely impacted by disasters due to insufficient financial and technological resources to prepare for and respond to crises. This book argues that hazards and environmental disasters are increasingly not isolated occurrences, and the vulnerability of communities is cumulative event after event, with capacities to cope and adapt weakened progressively. With pre- and post-disaster operating as a single continuous process, basic income could provide communities with a stable flow of money, leaving them better able to adapt and respond to crises. To illustrate the theoretical framework, the book uses Mozambique, and more specifically the district of Búzi, as an instrumental case study. This innovative book will be of interest to readers across the fields of global development, African studies and humanitarian and disaster studies.
This book explores sustainable community development in Ghana post-COVID-19, highlighting examples of how individuals facing extreme challenges have adapted to their changing circumstances. Through the voices of African researchers, it explores the different responses that local, subnational, and national stakeholders and communities initiated to preserve the gains made in achieving the Sustainable Development Goals in Ghana during the global pandemic. This collection considers how policy makers are tackling the pressing issues of sustainability, climate change and its effects on Africa and Ghana in particular, and multi-stakeholder policy responses to building communities in a post-COVID-19 world. The case studies show how communities are interacting to ensure sustainable community development and learning in the Global South, and the role that education and learning, both formal and informal, play in strengthening livelihoods, choices, and opportunities in African communities. An assessment of multi-stakeholder policy responses to building communities in Ghana, this book will be of interest to scholars and students in the field of Education, Education Management, Sociology, Economics, and African Studies. It will also be of interest to policy makers and practitioners engaged in community development programmes and activities and the development of associated policies.
Research carried out by the World Bank on the root causes of conflict and civil war finds that a developing country's economic dependence on natural resources or other primary commodities is strongly associated with the risk level for violent conflict. This book brings together a collection of reports and case studies that explore what the international community in particular can do to reduce this risk.; The text explains the links between natural resources and conflict and examines the impact of resource dependence on economic performance, governance, secessionist movements and revel financing. It then explores avenues for international action - from financial and resource reporting procedures and policy recommendations to commodity tracking systems and enforcement instruments, including sanctions, certification requirements, aid conditionality, legislative and judicial instruments.