THE ROLE OF THE STATE AND THE TRANSNATIONAL IN LIFTING THE RESOURCE CURSE

Karolina Werner*

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

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.13

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* Theme Leader, Conflict, Security, and Natural Resources, Institute for Natural Resources and Sustainable Development; Researcher, Centre on Governance, University of Ottawa, Canada; PhD Candidate, Global Governance, Balsillie School of International Affairs, Wilfrid Laurier University, Canada.

TOWARDS A FLUID AND MULTISCALAR GOVERNANCE OF EXTRACTIVE RESOURCES IN AFRICA1

Cristina D’Alessandro*

ABSTRACT

Political geographies of oil investigate extractive value chains with an emphasis on governance and scales, analysing the role that territories and especially spatial networks play in these dynamics. While underlining the limits and gaps of territorial governance, as it is nowadays theorized and used in the academic literature, extractive resources, particularly in developing contexts, call for fluid networks, and multiscalar governance; more flexible and adapted to changing contexts. This approach leads to networked justice, as a consequent adaptation of spatial justice to these specific situations. This article points out, for instance, the geopolitics of pipelines in Africa and its critical role in transforming the continent, despite its related challenges and conflicts. It advocates a better governance of extractive resources in Africa. Scholars have a role to play in this process, helping to analyse critical phenomena and sensitive dynamics, as well as provide sound policy recommendations.

Keywords: Extractive resources, sub-Saharan Africa, territorial governance, political geography, justice.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.14

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* Senior Fellow, Centre on Governance, University of Ottawa, Canada.

1 This paper is part of the Qatar Foundation’s National Priorities Research Programme – NPRP 6-1272-5-160.

EVALUATION OF THE LEGAL FRAMEWORK FOR PROMOTING SUSTAINABLE DEVELOPMENT IN THE EXTRACTIVE HOST COMMUNITIES IN NIGERIA

Bethel Uzoma Ihugba* and Sergius Nnamdi Okoro**

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.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.15

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* LLB, LLM, PhD, BL, Research Fellow, National Institute for Legislative Studies, National Assembly, Abuja, Nigeria. Correspondence email: bethelihugba @yahoo.com

** LLB, LLM, BL, Research Officer, National Institute for Legislative Studies, National Assembly, Abuja, Nigeria.

ECONOMIC RELATIONS BETWEEN TURKEY AND AFRICA: CHALLENGES AND PROSPECTS

Elem Eyrice Tepecikliogu*

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

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.2

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* Department of International Relations, Yasar University, Turkey. E-mail: elem.eyrice@gmail.com

SUSTAINABLE DEVELOPMENT OF NATIONAL ENERGY RESOURCES: WHAT HAS INTERNATIONAL LAW GOT TO DO WITH IT?

Catherine Redgwell*

INTRODUCTION

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

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* BA (Hons), LLB, MSc, Chichele Professor of Public International Law, Fellow of All Souls College, and Co-Director of the Oxford Martin Programme on Sustainable Oceans, University of Oxford, United Kingdom.

1 ILA Report of the Sixty-Fifth Conference (Cairo, 1992), Resolution 12. The Committee was headed by Kamal Hossain (Bangladesh) with Nico Schrijver (Netherlands) as General Rapporteur. Illustrating the complexity of the subject, the Committee immediately established three subcommittees on protection of the environment, good governance and the international economic order, respectively: Report of the Sixty-Sixth Conference (Buenos Aires, 1994) p. 135. Sustainable development was also one of the principles examined by the ILA Committee on the Legal Principles Relating to Climate Change.

LABOUR AND EMPLOYMENT CREATION WITH AFRICAN RESOURCE DEVELOPMENT

Franklyn Lisk*

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.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.12

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* Professorial Research Fellow, Centre for the Study of Globalization and Regionalization (CSGR), University of Warwick, UK. Email: f.lisk@warwick.ac.uk