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Regulating Transnational Corporations in Domestic and International Regimes
This study explores the range of strategies for regulating the social and environmental practices of TNCs in Africa's extractive industries.
Manitoba Law Journal: Underneath the Golden Boy 2013 Volume 36(2)
Underneath the Golden Boy series of the Manitoba Law Journal reports on developments in legislation and on parliamentary and democratic reform in Manitoba, Canada, and beyond. This issue has articles from a variety of contributing authors including: Andrea D. Rounce, Bryan P. Schwartz, Dan Grice, Darcy L. MacPherson, Donn Short, Donna J. Miller, Evaristus Oshionebo, Jason Stitt, Karine Levasseur, Sid Frankel, Sunita D. Doobay, Timothy Brown, and William Kuchapski.
Natural Resource Investment and Africa's Development
'This book makes a significant contribution to the literature on natural resource law and governance by engaging specifically with the issues arising in the African region. It covers a wide spectrum of issues that are key to the sustainable use of natural resources in the region, thus making it an important resource for anyone interested in natural resource governance and economic development in the African region.' – Philippe Cullet, University of London, UK This well-researched book covers a wide spectrum of important issues that are central to investment in natural resources and ultimately, economic development of Africa. Francis Botchway and the expert contributors analyse the relation...
Resource Nationalism in International Investment Law
Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International In...
Stabilization and Renegotiation Clauses in State Contracts, National Law and Investment Treaties
How do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.
Public Policy in International Economic Law
Wealth creation through trade, finance, and investment often comes at the price of rising inequality for vulnerable groups and individuals. This book examines how states can harmonize the social protection objectives of the International Covenant on Economic, Social, and Cultural Rights with their international economic treaty obligations.
Transparency in International Law
Analyses the hitherto unexplored issues concerning transparency in key areas of international law.
Manitoba Law Journal: A Review of the Current Legal Landscape 2016 Volume 39(1)
The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. This issue has articles from a variety of contributing authors including: Alvin Esau, Arthur Braid, Bryan P. Schwartz, Cameron Harvey, Charles Huband, Dale Gibson, Darcy L. MacPherson, David Deutscher, Gerald Nemiroff, Jack R. London, Janet Baldwin, Jesse Epp-Fransen, Jessica Davenport, John Eaton, Jonathan L. Black-Branch, Justice Freda Steel, Lane Foster, Lee Stuesser, and Ryan Trainer.
Mineral Mining in Africa
Africa is endowed with commercially viable quantities of several minerals and metals, and, more than ever before, African countries wish to harness their mineral resources for their economic development. The African mining sector has witnessed a revolution in terms of new mining codes and amendments to extant mining codes, which are designed to achieve a multitude of objectives, including the assertion of greater control over exploitation of mineral resources; optimization of resource royalties and taxes; promotion of equity participation in mining projects; enhancement of indigenization in the form of domestic participation in mineral production and local content requirements; value additio...
Human Rights in the Extractive Industries
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.
