Extractives Industry Law in Africa


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




Mining in Africa


Book Description

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.




Governance in the Extractive Industries


Book Description

Greater understanding of the forms and consequences of investment and disinvestment in the extractive industries is required as a result of capitalist expansion, recent declines in global commodity prices, and claims that extractive sector projects, especially in the global south, are poverty reduction projects. This book explores emergent forms of governance in mining and extractive industry projects around the world. Chapters examine efforts to govern extractive activities across multiple political scales, through intermediaries, instruments, technologies, discourses, and infrastructures. The contributions analyse how multiple micro-processes of rule reverberate through societies to shape the material conditions of everyday life but also politics, social relations, and subjectivities in extractive economies. Detailed case studies are included from Africa (Chad, Nigeria, Rwanda, and São Tomé and Príncipe), Latin America (Bolivia, Ecuador, and Peru), and the UN Climate Conference.




Fiscal Regimes for Extractive Industries—Design and Implementation


Book Description

Better designed and implemented fiscal regimes for oil, gas, and mining can make a substantial contribution to the revenue needs of many developing countries while ensuring an attractive return for investors, according to a new policy paper from the International Monetary Fund. Revenues from extractive industries (EIs) have major macroeconomic implications. The EIs account for over half of government revenues in many petroleum-rich countries, and for over 20 percent in mining countries. About one-third of IMF member countries find (or could find) resource revenues “macro-critical” – especially with large numbers of recent new discoveries and planned oil, gas, and mining developments. IMF policy advice and technical assistance in the field has massively expanded in recent years – driven by demand from member countries and supported by increased donor finance. The paper sets out the analytical framework underpinning, and key elements of, the country-specific advice given. Also available in Arabic: ????? ??????? ?????? ???????? ???????????: ??????? ???????? Also available in French: Régimes fiscaux des industries extractives: conception et application Also available in Spanish: Regímenes fiscales de las industrias extractivas: Diseño y aplicación




Extractive Industries


Book Description

"A study prepared by the United Nations University World Institute for Development Economics Research (UNU-WIDER)".




Transparency and Accountability in Africa's Extractive Industries


Book Description

While current efforts to increase transparency and accountability in the management of natural resources emphasize the roles and responsibilities of a broad range of actors, relatively little attention has been paid to the potential contribution of elected legislators. Yet, the three core functions of legislative bodies - representing constituent interests, making or shaping public policy, and overseeing policy implementation by executive branch agencies - are central to any effort in this area. This report is an effort to help elected political officials - particularly those in the legislative branch of government - serve as constructive leaders in improving the oversight and management of their countries' natural resources.




Mining and the Law in Africa


Book Description

​The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.




Regulating Mining in Africa


Book Description

Liberalisation of the mining sector in Africa in the 1980s: a developmental perspective. II.




International and Comparative Mineral Law and Policy


Book Description

This book covers a broad spectrum of issues shaping the current paradigm of minerals sector governance. The ultimate aim of the book is to understand trends and developments in mineral law and policy occurring at international, regional, cross-border and in some selected cases at national level and also to identify some of the challenges lying ahead. With these objectives in view, the book brings together a representative selection of the most knowledgeable authors on the subject. The contributions deal with a diverse range of issues tackled from interdisciplinary perspectives. Topics are divided into five main chapters: international and comparative aspects of mineral law; actors and policies in the minerals industry; investment prospects, financial and fiscal issues; sustainable development and regional outlooks. The book aspires to serve as a useful reference for scholars, practitioners, students and all those with an interest in current developments in the areas reviewed. Elizabeth Bastida is the Rio Tinto Research Fellow and the Director of the Mineral Law and Policy Programme at the Centre for Energy, Petroleum, Mineral Law and Policy at the University of Dundee (CEPMLP/Dundee). Thomas W?lde is the Professor of International Economic, Natural Resources and Energy Law and was (until 2001) the Executive Director of CEPMLP/Dundee. He currently runs TWA, his private consultancy firm, which provides advisory services in natural resources and energy law, regulatory reform, investment promotion, state enterprise/agency appraisal and restructuring, privatisation, contract assessment, negotiation and dispute management. Janeth Warden-Fern?ndez is a Research and Teaching Fellow, an advisor of the Mineral Law and Policy Programme and the Manager of the Distance Learning Programme at CEPMLP/Dundee.




Implementing EITI for Impact


Book Description

Oil, natural gas, and mineral deposits (“Extractive Resources”) offer the potential to generate significant financial benefits and help countries fuel their economic growth and development, employment, business opportunities, and incomes, ultimately leading to a better life for the citizens of those countries through sustained poverty reduction and inclusive growth. Leveraging these Extractive Resources to attain such beneficial outcomes requires accountability and transparency in governance. The Extractive Industries Transparency Initiative (EITI) was launched in 2002 in an effort to improve public accountability of governments. It provides a pathway to better managed Extractive Resources that benefit the people of a country. EITI is a global standard designed to improve transparency in the sector by publication of reconciled payments by companies and revenues received by governments from oil, gas, and mining exploration and production operations. It helps to promote and support improved governance, especially in resource-rich countries. This handbook builds upon an earlier publication, “Implementing EITI: Applying Early Lessons from the Field” (Darby 2008), issued by the World Bank Oil, Gas and Mining unit (SEGOM) and the EITI Multi-donor Trust Fund. Using the Extractive Industries Value Chain as an analytical tool, this handbook holistically analyzes the importance of EITI to domestic economies, governance structures, and local populations, and suggests measures to leverage its potential to ensure inclusive growth and sustainable development. The basic purpose of this handbook is to provide: • Guidance to stakeholders (including policymakers, industry, and civil society) in countries currently implementing, or seeking to implement, EITI; • Guidance on the measures required to launch and implement EITI successfully; and • Guidance to EITI implementing countries in “mainstreaming” EITI into the good-governance agenda by recommending global good-fit practices that build on the EITI standards and practices. EITI stakeholders and implementing countries will benefit greatly from this handbook