Negotiatiating a Modern Extractive Industries Contract- From an African Perspective.docx (original) (raw)

Why Renegotiating Mining Agreements In Africa? A Recommendative Essay from a Namibian Perspective

2019

The African continent is endowed with multifarious natural resources. However, it is paradoxical that the majority of the African population is wallowing in poverty despite all the endowments. This provokes a question as to whether African governments are benefiting optimally from their agreements with the transnational mining companies. This essay therefore endeavors to illuminate on the need to renegotiate old mining agreements in Africa. It further suggests recommendations on the aspects mining agreements should incorporate.

Mining in Africa: regulation and development

Review of African Political Economy, 2010

Poissant de recherche sur la gouvernance et l'aide au développement of the Institut d'études internationales de Montréal (IEIM) and the Faculty of Political Science and Law at the Université du Québec à Montréal (UQAM).

The scramble for African mining by world economic powers: Concern for Africa's

Mining has become a very lucrative business for the global economic powers. On the African continent, this seemingly opportunity for developing African countries like Nigeria, Ghana and South Africa that enjoy huge mineral deposits comes with its repercussions in relation to their respective economic performances as they open their doors to selected top economies of the world. This paper therefore looks at the general mining environment on the continent as a whole, narrowed down to specialized countries of Africa on coal mining, crude oil and gold mining with emphasis in the South African, Nigerian and Ghanaian context. Using descriptive research design and the correlation method of analysis, this conceptual paper identifies that with the Africa mining industry is becoming more scrambled for and this has left wavering relationship with the economic growth on the African continent despite the improvements on the economies of the scramblers. As recommendation however, the study suggested that the various governments in Africa should review some obsolete negotiation terms which are against the modern realities in the mining sector so as not to be overtaken by events as they open their doors to foreign investors in the mining sectors.

Regulating mining in Africa : for whose benefit?

2004

One of the main hypotheses underlying much of the discussion about extractive industries, and a central recommendation in the Report of the World Bank Group's Extractive Industries Review, is that ...

Natural Resource Contracts as a Tool for Managing the Mining Sector

2017

In this report commissioned by the Bundesanstalt für Geowissenschaften und Rohstoffe (BGR) on behalf of the Federal Ministry for Economic Cooperation and Development (BMZ), CCSI examined the different types of legal regimes governing mining projects in 18 countries to gain a better understanding of mining deals granted and negotiated under different minerals regimes. CCSI compared the provisions of 30 mining contracts from 13 countries, analyzed a selection of mining-related legislative texts from 18 countries, and surveyed the experiences of mining contract negotiations through dozens of interviews with experts, government officials, company representatives, and members of civil society organizations. The report sets out some of the reasons for which some countries have adopted a licensing regime whereas other countries have opted to use mining contracts, as well as the advantages and disadvantages of each. For countries with a contractual mining regime, the report further examines...

Mining Law and Environmental Issues in Africa

Energy and Climate Law Quarterly, Volume 1, 2020

This article provides an analysis of the legal frameworks of the Republic of Congo (RC) and the Democratic Republic of Congo (DRC) on the subject matter of mining, and specifically the way the integration of environmental concerns has evolved. The comparative perspective of two African countries highlights in fact the challenges that faces both countries, and the pathway they respectively use to frame and try to give a significant meaning or an effective sense to the protection purported. In this regard, it is demonstrated that the realm of mining operations is in essence a sphere of risk, either operational or accidental, but the evolution of the legal frameworks shows an equivocal development and many differences above some common and visible aspects.

Renegotiating Investment Contracts: The Case of Mining Contracts in Democratic Republic of the Congo

This article examines the issue of renegotiating an existing investment contract which does not provide for renegotiation clause. A prevailing theory in this respect asserts that a claim for renegotiating an existing agreement which contains no renegotiation clause should be disregarded as it amounts to an undue interference. This article addresses the question whether a contract concluded with unelected government or leaders of military factions in contravention to prevalent laws should escape revision. In particular, it assesses the rules and principles pertaining to renegotiation of an existing agreement against the Congolese process of renegotiation which involved over sixty mining contracts.