Extractives Industry Law in Africa PDF Download

Author: Damilola S. Olawuyi
Publisher: Springer
ISBN: 3319976648
Category : Law
Languages : en
Pages : 361

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Book Description
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: Isabel Feichtner
Publisher: Springer
ISBN: 3030113825
Category : Law
Languages : en
Pages : 546

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Book Description
This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.

Author: Victoria R. Nalule
Publisher: Taylor & Francis
ISBN: 1000869504
Category : Law
Languages : en
Pages : 365

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Book Description
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: Bloomsbury Publishing
ISBN: 1509938443
Category : Law
Languages : en
Pages : 209

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Book Description
This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.

Author: Victoria R. Nalule
Publisher: Springer Nature
ISBN: 3031462580
Category : Business & Economics
Languages : en
Pages : 109

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Book Description
This book focuses on renegotiating extractive contracts to align with the net-zero goals. It delves into extractive contract negotiations in four ways which collectively represent a major research gap in literature. It focuses on extractive contract provisions and examines their alignment with net zero goals, suggesting how these provisions could be re-negotiated to ensure an effective energy transition. Consequently, the book assesses how contractual provisions are responding to, or reflecting energy transition scenarios, and highlights areas to be included or strengthened that will be beneficial for all energy stakeholders. This book goes on to discuss the energy transition global landscape. Through the presentation of case studies from different countries, the book assesses the transition risks in extractive contracts, and it uniquely provides the negotiation tools and strategies to address these transition risks.

Author: Olawuyi, Damilola S.
Publisher: Edward Elgar Publishing
ISBN: 1802207465
Category : Law
Languages : en
Pages : 337

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Book Description
This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.

Author: Ibironke T. Odumosu-Ayanu
Publisher: Routledge
ISBN: 0429012853
Category : Law
Languages : en
Pages : 339

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Book Description
This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.

Author: Obasesam Okoi
Publisher: Taylor & Francis
ISBN: 1003830188
Category : Nature
Languages : en
Pages : 188

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Book Description
This book examines the dynamics of natural resource conflicts in Africa and explores the different governance approaches for securing sustainable peace. One of the most prominent challenges facing Africa today is the consequences of natural resource extraction. While these resources hold the potential for economic transformation across Africa, their extraction also comes with a range of environmental, social, and economic consequences, including issues related to governance. This book assembles a unique cohort of peacebuilding, environmental justice, and sustainable development scholars and practitioners from Africa and beyond to examine the dynamics of natural resource conflict and explore the governance approaches that offer pathways for sustainable peace in Africa. Drawing on case studies and empirical lessons from the Horn of Africa, Southern Africa, West Africa, East Africa, and the Central Sahel region, along with the African Union, the multidisciplinary contributors offer fresh insights into the nature of natural resource conflict in Africa, delve deeper into the complexities of natural resource governance, and highlight the interplay between resource governance and sustainable peace. By shedding light not only on Africa’s experiences and vulnerabilities but also on the challenges of natural resource governance, this book fills a crucial gap in understanding the connection between natural resource governance, conflict, and pathways for sustainable peace in Africa. Drawing on a range of disciplinary perspectives, this book will be of interest to students and scholars of natural resource governance, peace and conflict studies, environmental policy and justice, sustainable development, security studies and African studies more widely.

Author: Damilola S. Olawuyi
Publisher: Routledge
ISBN: 1000423077
Category : Science
Languages : en
Pages : 230

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Book Description
Climate Change Law and Policy in the Middle East and North Africa Region provides an in-depth and authoritative examination of the guiding principles of climate change law and policy in the MENA region. This volume introduces readers to the latest developments in the regulation of climate change across the region, including the applicable legislation, institutions, and key legal innovations in climate change financing, infrastructure development, and education. It outlines participatory and bottom-up legal strategies—focusing on transparency, accountability, gender justice, and other human rights safeguards—needed to achieve greater coherence and coordination in the design, approval, financing, and implementation of climate response projects across the region. With contributions from a range of experts in the field, the collection reflects on how MENA countries can advance existing national strategies around climate change, green economy, and low carbon futures through clear and comprehensive legislation. Taking an international and comparative approach, this book will be of great interest to students, scholars, and practitioners who work in the areas of climate change, environmental law and policy, and sustainable development, particularly in relation to the MENA region.

Author: Oyeniyi Abe
Publisher: Routledge
ISBN: 1000588211
Category : Law
Languages : en
Pages : 192

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Book Description
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.