Journal of Sustainable Development Law and Policy最新文献

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Sustainable development of national energy resources: what has international law got to do with it? 国家能源资源的可持续发展:国际法与之有何关系?
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.16
C. Redgwell
{"title":"Sustainable development of national energy resources: what has international law got to do with it?","authors":"C. Redgwell","doi":"10.4314/JSDLP.V8I1.16","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.16","url":null,"abstract":"It is particularly apt to be addressing the sustainable development of energy resources before this august audience. As Professor Omorogbe states in her welcome address, the ILA Nigerian Branch Committee, under the auspices of which this Third Annual Conference is organized, replicates the international committee at national level. Indeed, the topic of “Legal Aspects of Sustainable Development” has been the subject of ILA study since the International Committee on the Legal Aspects of the New International Economic Order reconstituted itself as the International Committee on Legal Aspects of Sustainable Development at the 1992 Cairo ILA Conference.1 This date is significant for, of course, 1992 was the year of the UN Conference on Environment and Development from which the law and policy of sustainable development has grown.2 Amongst other things, this Committee","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"378-395"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.16","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557287","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
Investment and governance of Africa’s resources: economic diversification for development 非洲资源的投资和管理:经济多样化促进发展
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.1
Hany Besada, M. E. Tok, Jason J. Mcsparren, Ben O’Bright
{"title":"Investment and governance of Africa’s resources: economic diversification for development","authors":"Hany Besada, M. E. Tok, Jason J. Mcsparren, Ben O’Bright","doi":"10.4314/JSDLP.V8I1.1","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.1","url":null,"abstract":"","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"52 3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.1","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557527","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
China’s influence in Africa: current roles and future prospects in resource extraction 中国在非洲的影响:资源开采的当前角色和未来前景
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.3
Liu Haifang
{"title":"China’s influence in Africa: current roles and future prospects in resource extraction","authors":"Liu Haifang","doi":"10.4314/JSDLP.V8I1.3","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.3","url":null,"abstract":"In the second half of 2014, some African countries felt the heavy strike of falling prices of mineral resources on the world market. The international media raised vocalex positions on the negative impact that China’s slow down might bring to the African economy. One headline read: “Chinese investment in Africa has fallen 40 per cent this year – but it’s not all bad news”.1 More recently, the exasperation intensified to “China’s slowdown blights African economies”,2 and managed to shadow the China-African Summit held in December 2015 in Johannesburg. Similarly, on the recent Africa Mining Indaba, the annual biggest African event for the mining sector, the renewed concern was stated as “Gloom hangs over African mining as China growth slows”.3 There is no doubt that China’s presence has had positive effects on Africa’s growth over the past decade. Nonetheless, only a narrow perspective would view Africa’s weak performance solely through the Chinese prism. This article addresses the afore-mentioned concerns regarding the impacts that China has in Africa. A historical approach is applied to reconstruct the economic cooperation since the mid-1990s. This reconstruction emphasizes the sustaining forces of cooperation. Literally, this article goes beyond the resource traction sector, to understand the basis of China-African cooperation, and the position mineral resource has taken in the bilateral cooperation. With a representative country case study, the current dilemma is shown from the structure of bilateral cooperation. Suggestions follow on how to address these challenges. Keywords : China, Africa, mining, resource, investment, development.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"34-59"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.3","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557726","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: 2
Translating the extractive resources to economic growth and transformation 将采掘资源转化为经济增长和转型
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.5
G. Kararach
{"title":"Translating the extractive resources to economic growth and transformation","authors":"G. Kararach","doi":"10.4314/JSDLP.V8I1.5","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.5","url":null,"abstract":"Most African countries are heavily endowed with natural resources. This gives the continent both the potential for, and threat to, growth/development. Natural resources yield “rents,” or profits from their production, which are crucial for resource-led development. The literature on the “rentier state” and how resource rents interact with institutions and political economy dynamics shows that rent flows through the socio-economic system influence development outcomes. Although the natural resources sector provides significant opportunities for the near term, it also does have significant risks for future generations, and the costs and benefits of resource extraction are seldom borne equitably. Ensuring social equity is a major challenge in natural resource governance, generally falling to governments to referee trade-offs and protect the most vulnerable, including current and future generations. It is critical, therefore, for the continent to address itself to important policy questions to ensure that natural resources are a boon for Africa’s sustainable growth Keywords : Africa; sustainable growth; rentier state; development.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"90-120"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.5","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557795","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: 2
Economic relations between turkey and Africa: challenges and prospects 土耳其与非洲的经济关系:挑战与前景
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.2
Elem Eyrice Tepecikliogu
{"title":"Economic relations between turkey and Africa: challenges and prospects","authors":"Elem Eyrice Tepecikliogu","doi":"10.4314/JSDLP.V8I1.2","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.2","url":null,"abstract":"African affairs occupied a secondary status in Turkish foreign policy until very recently. However, following the adoption of the Action Plan for Opening up to Africa in the late 1990s, Turkish politicians started to assign a higher priority to relations with African countries. The incumbent Turkish government now attaches great importance to developing long-term relations with those countries. We can also see that Africa’s image in Turkey is changing with journalists presenting new narratives about the continent and supporting Turkish involvement in African affairs. There is also an increasing interest in African studies in the academia, although scholarly work produced on African issues remains limited. This study explores the evolution of Turkish-African relations and concentrates mostly on Turkey’s economic engagement in African countries. It also seeks to analyse recent Turkish initiatives in Africa’s energy sector. The article argues, among other things, that although the low level of attention paid to African issues has changed, the pace of the development of relations with Africa is still slow and more steps have to be taken to further improve relations with African countries. Keywords : Turkey, Africa, Sustainable Development","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"1-33"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.2","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557334","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: 6
Land governance and land deals in Africa: opportunities and challenges in advancing community rights 非洲的土地治理和土地交易:促进社区权利的机遇与挑战
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.10
Blair Rutherford
{"title":"Land governance and land deals in Africa: opportunities and challenges in advancing community rights","authors":"Blair Rutherford","doi":"10.4314/JSDLP.V8I1.10","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.10","url":null,"abstract":"This article examines the converging focus on “governance” by those donors and scholars who promote investment in land in Africa as well as by scholars and activists who criticize what they call “land grabs.” This focus on governance is particularly found in terms of understanding and assessing socio-economic consequences among the communities for the land deals, investment initiatives which have been accelerating on the continent over the last decade and longer. This article expands the concept of governance by examining how structures of authority and power are also involved in defining who belongs, or who has claims to belong, to these territories. It explores the topic of land deals and community rights through the conceptual lens of governance and belonging, the ability to be recognized as part of the community at various levels of action (including in terms of national citizenship). It starts with an examination of the recent increase in land investments in Africa, setting out its broad parameters, including public criticisms raised and some of the protests around them, and noting some of the key issues on which scholars have focused. In the next two sections, the article analyses these processes through the conceptual lens of governance and belonging as a way to bring out what the article proposes are key issues for assessing matters on community rights in regards to investments concerning natural resources in Africa, particularly over land. This analysis raises questions about those who uncritically promote Free and Prior Informed Consent as the solution to ensure “communities” approve any land deals. Keywords : Land grabs, governance, Africa, community, politics of belonging","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"235-258"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.10","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557567","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: 7
The African mining vision: perspectives on mineral resource development in Africa 非洲采矿远景:对非洲矿物资源发展的看法
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.7
K. Busia, Charles Akong
{"title":"The African mining vision: perspectives on mineral resource development in Africa","authors":"K. Busia, Charles Akong","doi":"10.4314/JSDLP.V8I1.7","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.7","url":null,"abstract":"This article argues that, after the recent boom, the African Mining Vision (AMV), upon making development central in the extractive industry, is a paradigm whose time has come. We hypothesize that the Vision is forwardlooking with a robust ideational foundation, able to seize emerging policy windows towards lasting paradigm shift for Africa’s extractive sector. The article presents a dynamic framework for analysing policy change in the extractive sector in Africa, based on the power of ideas and interests networks. While the crisis in the sector presents an opportunity, the article analyses the binding political economy constraints that African governments would have to overcome at the global, regional and country levels to implement the transformative ideas of the AMV. The article presents a matrix systematically analysing possible scenarios for implementing the Africa Mining Vision. The implementation of the AMV would likely be non-linear. Vested interests, including resistance to change and diversity of country contexts, could lead to varied outcomes in the implementation of AMV in the short and medium terms. Keywords : Africa Mining Vision, ideas, interest’s networks, extractives sector, commodity booms.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"145-192"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.7","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557862","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: 18
Inclusive Development as an Imperative to Realizing the Human Right to Water and Sanitation 包容性发展是实现享有水和卫生设施的人权的必要条件
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I2.4
P. Obani, J. Gupta
{"title":"Inclusive Development as an Imperative to Realizing the Human Right to Water and Sanitation","authors":"P. Obani, J. Gupta","doi":"10.4314/JSDLP.V8I2.4","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I2.4","url":null,"abstract":"There are a plethora of governance instruments for operationalizing human rights obligations on water and sanitation at multiple levels of governance. The realization that the human right to water and sanitation depends on the discourses and approaches used in a country to implement it implies that it is not self-evident that implementing the right will lead to inclusive development. The inclusive development aims at not only social inclusion but also ecological and relational inclusion, where the latter aims at ensuring that the structural causes of inequality are also addressed. Relying on an extensive literature review and jurisprudence on the human right to water and sanitation, we develop an ideal-typical conceptual framework for assessing the human right to water and sanitation with inclusive development as an imperative. Our framework is based on the premise that governance instruments are valueladen tools which can steer social changes depending on the contextual political paradigm which can be garnered from the goals, ownership models, accountability mechanisms and incentives of actors involved in the governance process. We, therefore, propose a simple model for assessing whether the governance instruments for operationalizing the human right to water and sanitation will, in fact, lead to inclusive development. Keywords : Human Rights, Governance, Water and Sanitation","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"67-86"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557925","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
The role of the state and the transnational in lifting the resource curse 国家和跨国公司在解除资源诅咒中的作用
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.13
Karolina Werner
{"title":"The role of the state and the transnational in lifting the resource curse","authors":"Karolina Werner","doi":"10.4314/JSDLP.V8I1.13","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.13","url":null,"abstract":"In the past, natural resources such as coal and iron ore were catalysts for development and the economic theory focused mainlyon how the exploitation of natural resources could promote trade and development. Since the 1970s, however, we have been increasingly confronted with resource-rich countries lagging behind in economic growth and facing high risks of violent conflict. Using Sierra Leone as a case study, this article briefly explores the resource curse paradox, noting the role of the national government and international actors in maintaining the status quo. It highlights the fragile state of postconflict governments, focusing on the delicate balance between attracting foreign investment and fighting corruption and poverty in environments already susceptible to recurring violence. The article further examines both government and private sector activities that have contributed to the economies of violence through unequal distribution of natural resource rents and revenues. It also argues that to move from resource curse to resource blessing, both the affected states and the international community need to refocus their attention on the effectiveness of returns on natural resource revenues and the critical role of transnational corporations in perpetuating the curse. Keywords : Sierra Leone, resource curse, TNCs, natural resources, postconflict states","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"309-330"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.13","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557699","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
Transnational initiatives towards natural resource governance in Africa post-2015 2015年后非洲自然资源治理的跨国倡议
Journal of Sustainable Development Law and Policy Pub Date : 2017-01-01 DOI: 10.4314/JSDLP.V8I1.9
T. Shaw
{"title":"Transnational initiatives towards natural resource governance in Africa post-2015","authors":"T. Shaw","doi":"10.4314/JSDLP.V8I1.9","DOIUrl":"https://doi.org/10.4314/JSDLP.V8I1.9","url":null,"abstract":"The 21st century is marked by a welcome proliferation of innovative forms of natural resource governance to advance sustainable development. This article sheds light on the background for this quite remarkable and unanticipated shift. It analyses the prospects for AMV advocacy and adoption by emerging state and non-state actors by the end of this decade, both in Africa and beyond. It examines these evolving perspectives and debates vis a vis 21st century globalization. It also identifies the unexpected and unprecedented range of transnational governance initiatives that have been proposed since the turn of the century. These continue to proliferate and compete, being refined in the process as the problematic notion of global governance continues to be a subject of considerable debate. It also extends the range of developmental challenges to include the burgeoning water-energy-food nexus. Keywords : governance, Africa, economy, development","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"214-234"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V8I1.9","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557907","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
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