Governance considerations relating to social impact assessments for mining development in African communities

Abstract

This paper explores how social impact assessments (SIAs) can be applied productively in mining development in African societies characterised by weak regulatory structures and ethnic diversity. It evaluates the nature of the social risks associated with mining development in Africa and examines the concept of SIA as a tool for mitigating those risks. Most importantly, it considers the factors that should be taken into account in the design and implementation of SIA programs in ethnically diverse African regions. One of the paper's central theses is that within-group perceptions of procedural justice are instrumental to the success of participatory processes for SIAs in mining development in Africa.

Keywords: Social impact assessment, Mining development, Ethnic diversity, Community, Participation, Stakeholders, Representativity

The international legal regime for sustainable soil

Chilenye Nwapi

Abstract

 Work on the development of adequate international and national legal frameworks for sustainable soils has been underway for over a decade. Significantly, the initial drafting work on the need for an international convention or other instrument on soil came from the soil science community. In 1999, as a result of an approach from soil scientists to the IUCN Commission on Environmental Law a Specialist Group on Sustainable Soils and Desertification was established in order to investigate both international and national legal regimes to promote the sustainable use of soil. This paper looks at the development of an international legal instrument on sustainable soils, and explores the scope and range of possibilities for the form of such an instrument. It then canvasses the basic elements that should be included in the drafting of national of national legislation. It concludes by making some preliminary suggestions regarding the development of legal and institutional frameworks for soil management in Balkan countries.

Key words: Legal protection of soil, international and national legal frameworks

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Book Review: The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage, by Penelope Simons and Audrey Mackli

Chilenye Nwapi

Abstract

Penelope Simons and Audrey Macklin's book, The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage is a valuable contribution for researchers on the extraterritorial activities of the extractive sector, and in particular its impacts on the environment and human rights. The authors question what the development of domestic and international regulation would look like if governments took seriously the duty to protect human rights from the activities of their extractive sector corporations. The proposal outlined in the book will be of interest to academics, politicians, and public servants working towards establishing a governing framework aligned with the much discussed and debated United Nations Guiding Principles on Business and Human Rights. However, certain aspects of the authors' proposal are impracticable and not the best alternative for addressing the problem of extraterritorial wrongdoing by the extractive sector. A more comprehensive analysis of private law strategies would have benefited the readers in communicating a thorough account of this fundamentally important issue of legal regulation. Keywords: Extractive Industries, United Nations Guiding Principles, Human Rights

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