Journal of Sustainable Development Law and Policy最新文献

The definition of investment and the ICSID convention: matters arising under the Nigerian investment promotion act and international investment law 投资的定义和ICSID公约:根据尼日利亚投资促进法和国际投资法产生的问题

Journal of Sustainable Development Law and Policy Pub Date : 2017-11-24 DOI: 10.4314/jsdlp.v8i2.7

Felix O. Okpe

{"title":"The definition of investment and the ICSID convention: matters arising under the Nigerian investment promotion act and international investment law","authors":"Felix O. Okpe","doi":"10.4314/jsdlp.v8i2.7","DOIUrl":"https://doi.org/10.4314/jsdlp.v8i2.7","url":null,"abstract":"This article contends that the omission to define investment in the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) has a trickledown effect on the Nigerian Investment Promotion Act (the NIPC Act), in the context of investment treaty law and arbitration. Its greatest impact is the relegation of the contribution to economic development element of the definition of “investment” to a backseat contrary to the purpose of the ICSID Convention. This article proposes a simple thesis: the omission to define investment in the ICSID Convention has fostered an amorphous definition of investment under the NIPC Act, thus creating uncertainty, irrelevance and ambiguity. The uncertainty is a potential problem in the conduct of foreign direct investment under the ICSID Convention. The article recommends a review of the definition of “investment” under the Act and the adoption of a definition that restricts foreign investment within the territory of Nigeria and makes acontribution to economic development its core element in line with the fundamental objective of the ICSID Convention. Keywords : Nigerian Investment Promotion Act, Law and Development, Investment Law and ICSID Arbitration","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"133-154"},"PeriodicalIF":0.0,"publicationDate":"2017-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44206976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Making extractive investments work for Africa’s development: what role for Qatar in shaping the debate on natural resource governance? 使采掘投资有利于非洲发展:卡塔尔在塑造自然资源治理辩论中扮演什么角色?

Journal of Sustainable Development Law and Policy Pub Date : 2017-07-27 DOI: 10.4314/jsdlp.v8i1.8

F. Cheru

{"title":"Making extractive investments work for Africa’s development: what role for Qatar in shaping the debate on natural resource governance?","authors":"F. Cheru","doi":"10.4314/jsdlp.v8i1.8","DOIUrl":"https://doi.org/10.4314/jsdlp.v8i1.8","url":null,"abstract":"At present, emerging economies such as China, are the major importers as well as investors in Africa’s extractive sector. Indeed, they maintain a “stranglehold” on the continent regarding finance for development. Their success in gaining access to the resources of Africa is linked to an effective strategy that combines trade inducements, increased investment flows, aid for infrastructure and construction and technology transfers. With the recent dramatic decline in the price of commodities, and China’s re-balancing with greater emphasis on consumption-driven growth model, growth prospects in commodity-dependent Africa has dampened. Qatar, with its abundant hydrocarbon reserves and US$10 billion foreign exchange reserves, deploys its “soft power” to enable African countries develop their extractive sector fully, industrialize and end China’s financial stranglehold on the continent. Qatar can help develop Africa’s mineral processing industries through public private partnerships and experience. This is because of Qatar’s track record as a sound manager of natural resources. This type of partnership will assist African countries to get more out of their natural resources through valueaddition, and further deepen domestic technological capacity and job creation. Key words : Qatar, China, Africa, minerals, oil, extractive, development","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"193-213"},"PeriodicalIF":0.0,"publicationDate":"2017-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/jsdlp.v8i1.8","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48294202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Labour and employment creation with African resource development 利用非洲资源开发创造劳动和就业机会

Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.12

F. Lisk

{"title":"Labour and employment creation with African resource development","authors":"F. Lisk","doi":"10.4314/JSDLP.V8I1.12","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.12","url":null,"abstract":"Natural resources are an assured source of government revenue, but this does not always translate into more jobs, better productivity or an increased demand for that country. Traditionally, the role of government in a resource-rich country has always been to act in the best interests of its citizens. In the case of natural resource-rich nations, this role also includes ensuring that jobs in the extractive sector are safe – both in the physical and financial sense. In such competitive environments, the private sector also has a fiduciary responsibility to ensure that all employees are fairly treated. However, it is evident that almost all African nations that are rich in resources are affected by lack of human development. This article examines the current state of affairs in the resource-rich African nations and their impact on human development. It focuses on how these resource-dependent economies are experiencing economic growth and why this growth does not directly translate into higher and better employment for the local populations. The article examines growth and human development from the perspectives of both the private- and public-sector actors. It recommends that private actors should have a complementary approach, through foreign direct investors or other modes, to the long-term policies and plans set out by the state. This approach would allow for successful intersectoral linkages and community development through higher job creation. It argues that the state is responsible for managing these natural resources and highlights the role of governance in this management. Governance issues, challenges, such as developmental gains, job creation, transparency and accountability are all addressed in the article. Finally, the article strongly recommends developing both human and institutional capital and regulating production. Keywords : Resource development, resource curse, Africa, governance, management.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"288-308"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.12","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Extractive resources, global volatility and Africa’s growth prospects 采掘资源、全球动荡和非洲增长前景

Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.11

E. Ayuk, R. Klege

{"title":"Extractive resources, global volatility and Africa’s growth prospects","authors":"E. Ayuk, R. Klege","doi":"10.4314/JSDLP.V8I1.11","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.11","url":null,"abstract":"Africa is endowed with an incredible amount of natural resources of which the extractive sector is a key component. Unfortunately, however, the continent is characterized by a paradox of plenty or resource curse, depicting a situation of abundant resources that have not translated into economic growth and prosperity for the population. The potential role of the extractive sector is further affected by global volatilities. This article reviews the importance of the extractive sector to selected African countries. It identifies sources of global volatility that affect the sector and further attempts to establish the factors that drive the volatility-growth nexus. We use panel data covering 18 selected African countries from 1970-2013 to explain the gross domestic product (GDP) growth. Volatility persistence estimates are also calculated. The article further examines the policy space that African governments might consider to make the extractive sector play a major role in the development of the continent. We find that the extractive sector makes a huge contribution to GDP of the selected countries. The empirical evidence also indicates that 12 out of 18 countries find it difficult to adjust their economies back to equilibrium when hit with volatility shocks or changes in the volatility of GDP growth. Keywords : economic diversification, extractive sector, growth, natural resources, resource curse, volatility","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"259-287"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.11","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Constitutional immunity clause and the fight against corruption in Nigeria 宪法豁免条款与尼日利亚的反腐败斗争

Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/jsdlp.v8i2.8

Sesan Fabamise

{"title":"Constitutional immunity clause and the fight against corruption in Nigeria","authors":"Sesan Fabamise","doi":"10.4314/jsdlp.v8i2.8","DOIUrl":"https://doi.org/10.4314/jsdlp.v8i2.8","url":null,"abstract":"One of the most pressing debates in Nigeria today is on the continued retention, or removal, of the immunity clause enshrined in section 308 of the 1999 Constitution of the Federal Republic of Nigeria. Some scholars canvass for the removal of the immunity clause because its retention, they argue, appears ironic in view of the stance of the government to rid governance of corrupt practices, including misappropriation of public funds. Others have called for its retention while another set of scholars further ask that it be extended to the leadership of the National Assembly and the States Houses of Assembly. This latter group has said that the Senate President, the Deputy Senate President, the Speaker of the House of Representatives and the Deputy Speaker as well as the Speakers of the States Houses of Assembly and their Deputies should be granted immunity under the Constitution. This article discusses the immunity clause and its sphere, extent and limits as it relates to the officers protected, the arguments for and against its retention in the Constitution, as well as state practices in other jurisdictions.It concludes that it is expedient to retain the clause, but the call in some quarters to expand it to cover the leadership of the National Assembly and States Houses of Assembly is not viable. Keywords : Corruption, immunity, Constitution, sustainable development.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"155-185"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70558017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Towards a fluid and multiscalar governance of extractive resources in Africa 实现非洲采掘资源的流动和多尺度治理

Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.14

C. d'Alessandro

引用次数: 1

Managing Africa’s natural resource endowments: new dispensations and good-fit approaches 管理非洲的自然资源禀赋:新的分配和合适的方法

Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.6

Kobena T. Hanson

{"title":"Managing Africa’s natural resource endowments: new dispensations and good-fit approaches","authors":"Kobena T. Hanson","doi":"10.4314/JSDLP.V8I1.6","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.6","url":null,"abstract":"Managing a nation’s extractive natural resource endowments can advance national development if done meaningfully. Unfortunately, across Africa, the apparent mismanagement of such resources, poor growth rates, social tensions, and civil strife in resource-rich countries have thrown up a great deal of literature on what is now known as resource curse.It has also ignited calls for enhanced governance and improved capacities for the myriad of actors engaged in natural resource extraction. This article draws on the extant literature to interrogate the complex entanglements of issues involved in the natural resource value chain in Africa. It argues that in spite of the general ills, economic challenges, and socio-political pains that resource-rich African nations face in exploiting and managing their natural resources, the extractive industry in Africa is evolving positively, and that the situation of resource-rich African states is not immutable. Available evidence suggests that Africa is emerging a new, more complex, participatory, and coordinated vision of NRM; a development that offers opportunities and possibilities for Africa to engage emerging actors especially in the global South.The article concludes that what Africa needs is an approach with a good fit to local realities, and an enhancement of individual and institutional capacities. Keywords : Africa, Capacity Development, Governance, Natural Resource Management.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"121-144"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.6","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Turkish and Brics engagement in Africa 土耳其和金砖国家在非洲的参与

Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I2.3

Elem Eyri̇ce Tepeciklioğlu, M. E. Tok, S. Basher

引用次数: 0

Conceptualizing the Qatari-African foreign policy and economic relations: the case of soft power 卡塔尔-非洲外交政策和经济关系的概念化:以软实力为例

Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.4

Ben O’Bright

{"title":"Conceptualizing the Qatari-African foreign policy and economic relations: the case of soft power","authors":"Ben O’Bright","doi":"10.4314/JSDLP.V8I1.4","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.4","url":null,"abstract":"Using a case study approach, this article examines the shifting dimensions of Qatar’s international relations strategies with select, geo-politically important African states, including primarily the latter’s private sector and civil society, and focusing on the current or potential use of soft power in particular. To start, this article presents a comprehensive overview of soft power, including its international relations theory-based historical origins; definitional boundaries; associated tools and mechanisms; and the concept’s pragmatic problems and limitations. Second, the article offers several best practice case studies, including the United Kingdom and China, from which core lessons on soft power development and application can be gleaned. This will advance from a list of seven key lessons that any prospective soft power state should consider. Following this, the article engages in an examination of available evidence outlining Qatar’s attempted soft power action on the African continent and, particularly in Sudan, Somalia, Mali and Tunisia, arguing that it relies extensively on “carrotdiplomacy” or the influencing of others backed by material and financial resource inducements. Finally, five problems and roadblocks affecting Qatar’s approach to international relations will be presented, followed by alternative (soft) power-based strategies, which could be explored by its government and leadership. Keywords : Soft Power; Qatar; Africa; Sudan; Somalia; International Relations; United Kingdom.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"60-89"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.4","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Evaluation of the legal framework for promoting sustainable development in the extractive host communities in Nigeria 评价促进尼日利亚采掘业收容社区可持续发展的法律框架

Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.15

Bethel Uzoma Ihugba, Sergius Nnamdi Okoro

{"title":"Evaluation of the legal framework for promoting sustainable development in the extractive host communities in Nigeria","authors":"Bethel Uzoma Ihugba, Sergius Nnamdi Okoro","doi":"10.4314/JSDLP.V8I1.15","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.15","url":null,"abstract":"The extraction of oil and mineral wealth has some environmental, social, economic and political impact on the host communities. In many instances these communities do not derive any sustainable developmental benefit from the wealth extraction activities in their area and where they do, it is less than the magnitude of harm suffered. This has contributed to conflicts between government and host communities, and between host communities and mining companies. This suggests that either there is no legal framework for extractive industry host community development or they are weak or not applied. In Nigeria, existing legal framework includes revenue allocation formulas between the Federal and State Governments, the establishment of bodies like the Niger Delta Development Commission, and enactment of laws like the Nigeria Minerals and Mining Act (NMMA) 2007, the Nigeria Extractive Industry Transparency Initiative (NEITI) Act 2007 and the proposal of the Petroleum Industry Bill 2012 and the recently passed Petroleum Industry Governance Bill 2016. However, despite this framework, contentions persist and there is sparse evidence of sustainable development in host communities to counter some conclusions of ineffectiveness. This article, therefore, examines some of the legal framework to determine their contribution or otherwise and potential towards sustainable host community development. Key Words : Extractive industry, local host community development, Nigeria, petroleum industry, sustainability.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"354-377"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.15","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0