TURKISH AND BRICS ENGAGEMENT IN AFRICA

Elem Eyrice Tepeciklioglu* , Mohammed Evren Tok**, and Syed Basher***

ABSTRACT

This article studies the political economy of Turkey’s relations with sub-Saharan Africa (SSA) since 2002 while Turkey was under the Justice and Development Party’s (AKP) rule. It argues that Turkey has focused its engagement in Africa mostly on humanitarian assistance and the economy. Contextualizing Turkey’s relations with SSA vis-à-vis other emerging market economies, especially the BRICS (Brazil/Russia/India/China/South Africa), provides ample insights into the nature of Turkey’s engagement in SSA. While Turkey’s involvement has some similarities with that of the BRICS, there are greater fundamental and structural differences from how the BRICS established their presence in SSA. These differences mostly find resonance when juxtaposed with the activism of non-governmental actors engaged in humanitarian missions and charity work with trade-related economic investments and activism.

Keywords: Turkey, sub-Saharan Africa, political economy, BRICS, trade, humanitarian assistance.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.3

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* Research Assistant, International Law Implementation and Research Centre, Yasar University, Izmir/Turkey. E-mail: elem.eyrice@gmail.com. Phone: +902324115651 Fax: +902325707000.

** Assistant Professor and Program Coordinator, Hamad Bin Khalifa University, Doha/Qatar. E-mail: etok@hbku.edu.qa. Phone: +97433120327, Fax: +97433120327.

*** Associate Professor, Department of Economics, East West University, Dhaka, Bangladesh. E-mail: syed.basher@gmail.com, Phone: +8809666775577 ext. 140.

INCLUSIVE DEVELOPMENT AS AN IMPERATIVE TO REALIZING THE HUMAN RIGHT TO WATER AND SANITATION

Pedi Obani* and Joyeeta Gupta**

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 value-laden 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

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.4

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* Lecturer I, Department of Public Law, Faculty of Law, University of Benin, Benin City, Nigeria; PhD Research Fellow at the University of Amsterdam and the UNIHE Institute for Water Education, The Netherlands. Email: pedi.obani@gmail.com; pedi.obani@uniben.edu. ** Professor of Environment and Development in the Global South at the Amsterdam Institute for Social Science Research of the University of Amsterdam and UN-IHE Institute for Water Education, The Netherlands. This article is based on ongoing PhD research and supervision financed by the NUFFIC Netherlands Fellowship Professional Project No. CF 162/2012 for which the authors are very grateful.

THE DEFINITION OF INVESTMENT AND THE ICSID CONVENTION: MATTERS ARISING UNDER THE NIGERIAN INVESTMENT PROMOTION ACT AND INTERNATIONAL INVESTMENT LAW

Felix O. Okpe*

ABSTRACT

This article contends that the omission to define investment in the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) has a trickledown effect on the Nigerian Investment Promotion Act (the NIPC Act), in the context of investment treaty law and arbitration. Its greatest impact is the relegation of the contribution to economic development element of the definition of “investment” to a backseat contrary to the purpose of the ICSID Convention. This article proposes a simple thesis: the omission to define investment in the ICSID Convention has fostered an amorphous definition of investment under the NIPC Act, thus creating uncertainty, irrelevance and ambiguity. The uncertainty is a potential problem in the conduct of foreign direct investment under the ICSID Convention. The article recommends a review of the definition of “investment” under the Act and the adoption of a definition that restricts foreign investment within the territory of Nigeria and makes acontribution to economic development its core element in line with the fundamental objective of the ICSID Convention.

Keywords: Nigerian Investment Promotion Act, Law and Development, Investment Law and ICSID Arbitration

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.9

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* PhD (Aberdeen); Attorney at Law; Law Professor at Salmon P. Chase College of Law, Northern Kentucky University, USA. The usual caveat applies. The author may be reached at f.o.okpe@gmail.com

METHODOLOGY, THEORETICAL FRAMEWORK AND SCHOLARLY SIGNIFICANCE: AN OVERVIEW OF INTERNATIONAL BEST PRACTICES IN LEGAL RESEARCH

Rhuks Ako* and Damilola S. Olawuyi**

ABSTRACT

Communicating the results of painstaking legal research efforts is arguably as important as conducting the research itself. Established international publication outlets apply diverse submission guidelines for prospective authors. One common currency, however, is that getting a research paper from conception to publication, as a journal article, book chapter, or forum paper, requires an author to demonstrate a potential contribution to knowledge in the field. This requires a systematic research approach that unpacks contemporary issues in an analytical manner; a clear and concise presentation of ideas with focus on effectiveness; adoption of tested theoretical frameworks to underpin new ideas; and a careful proofreading of manuscript to ensure that a prospective publication meets the expected standards of good quality contribution to theory, practice or policy. This article discusses the indispensable standards and important guidelines that authors should weigh before writing papers for publication, most especially for internationally recognized journals. The authors draw on their experiences as Editorial Board members of national and international journals to unpack key theoretical, methodological and practical issues that legal researchers should consider when developing legal research papers.

Keywords: Legal Research, Methodology, Theory, Pedagogy, Legal Training, Scholarship

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.11

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* Ph.D (Kent), Senior Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Ado Ekiti. Email: rako@ogeesinstitute.edu.ng.

** LL.M (Calgary), LL.M (Harvard), Ph.D (Oxford), Professor of Law and Director, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Ado Ekiti. Email: dolawuyi@ogeesinstitute.edu.ng.

INTEGRATION OF ENVIRONMENTAL SAFEGUARDS INTO ETHIOPIAN INVESTMENT AND SECTORAL LAWS

Mohammed Ibrahim Ahmed*

ABSTRACT

The aim of this article is to analyse the nature, scope and extent to which environmental norms and principles are integrated into the Ethiopian investment laws. The integration of an environmental matter into investment laws is very important in that it ensures that investment bodies and institutions do not disregard the environment by focusing only on economic achievement. The legal analysis of Ethiopian investment laws shows that although they contain environmental protection provisions, the language, manner and extent of stipulation adopted differ. The Mining Operation Proclamation No. 678/ 2010, Energy Proclamation No. 810/2013 and Petroleum and Petroleum Products Supply Operation Proclamation No. 838/2014 integrate environmental protection in an unequivocal manner. However, the Investment Proclamation No. 769/2012 and Transaction of Precious Minerals Proclamation No. 651/2009 do not use similar language with proceeding proclamations. This article argues that if environmental protection is integrated both under the Investment Proclamation No. 769/2012 and the Transaction of Precious Minerals Proclamation No.651/2009, the language used in both proclamations should be unequivocal, clear and in good manner similar to those of Mining Operation Proclamation No. 678/2010, Energy Proclamation No. 810/2013 and Petroleum and Petroleum Products Supply Operation Proclamation No. 838/2014.

Keywords: Investment and environment, economy and environment, environmental protection, sustainable development, environmental and investment issues.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.6

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* LL.B (ekelle University), LL.M (Jimma University), Lecturer at Law School of Ambo University, Ethiopia. Email:ibshi66@yahoo.com

THE RULE OF LAW APPROACH TO REGULATING ELECTRICITY SUPPLY IN NIGERIA

Sam Amadi*

ABSTRACT

With the transfer of government shares in 17 electricity generation and distribution companies in November 2013, Nigeria crossed the Rubicon in the privatization process. This process began in earnest in 2003 with the liberalization of the telecom sector as part of a strategic reform to improve efficiency in these utility sectors. So far, privatization has not improved the quality of service in these sectors. The problem has been traced to the failure of regulation. The major problem is that the regulatory regime had not matured before privatization. This immaturity manifests mostly in the failure to protect consumer interests. This article reviews regulatory deficits post-privatization. It assesses potential conflict between principles of market orthodoxy and those of constitutional governance and argues for a rule-of-law approach to regulation post-privatization that is focused on blending of promotion of market efficiency and protection of fundamental rights.

Keywords: Liberalization, Privatization, Regulation, Market Efficiency, Rule of Law

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.2

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* LL.B (Calabar), LL.M, MPA, SJD (Harvard), Senior Lecturer, Faculty of Law, Baze University, Abuja, Nigeria; formerly Chairman and Chief Executive, Nigerian Electricity Regulatory Commission (NERC) 2010-2015. Correspondence e-mail: samadi29@yahoo.com

THE NEED FOR A GOOD ENOUGH TERRITORIAL AND ECONOMIC GOVERNANCE IN SOUTH SUDAN

Francis Onditi* and Cristina D’Alessandro**

ABSTRACT

Peace and conflict dynamics in South Sudan are intertwined with political governance, institutional capacities, and leadership. Nevertheless, in the specific South Sudanese intractable civil wars since signing of the Comprehensive Peace Agreement in 2005, territorial and economic governance are also certainly strictly connected to any possible prospect of sustainable peace for the country. As such, after carefully defining these concepts, this article emphasizes that territorial governance in South Sudan relates to boundaries definition and to the division of the national territory in states with a certain degree of autonomy. The issues and divergences engendered by territorial governance are intertwined with economic governance concerns. The uneven distribution of natural resources (especially oil) produces wealth and power redistribution concerns that are at the core of contentious relations between social and ethnic groups. These circles of tensions rapidly degenerate into conflict in a context of widespread poverty, inequality, and consequent social vulnerability. The article defines and illustrates a “good enough” territorial and economic governance framework for the South Sudanese case study.

Keywords: South Sudan; Governance; Resources; Territory; Political System.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.1

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* Senior Lecturer & Head of Department, School of International Relations and Diplomacy, Riara University, Nairobi, Kenya. Email: fonditi@riarauniversity.ac.ke. He previously served as Governance and Political Leadership policy analyst, United Nations Entity for Gender Equality and Women Empowerment, Eastern and Southern Africa Regional Office, Nairobi.

** Senior Fellow at the Centre of Governance at the University of Ottawa, Canada, and a Research Fellow at the Research Centre PRODIG (Université Paris 1 Panthéon Sorbonnne, CNRS), Paris, France and a Professor at the Paris School of International Affairs (Sciences-Po, Paris, France). Previously she served as a Knowledge Expert at the African Capacity Building Foundation in Harare (Zimbabwe) and as a professor at the University Lumière Lyon 2. Email: cdalessa@uottawa.ca

TOWARDS A COHERENT IMPLEMENTATION OF SAFE BUILDING LAWS AND REGULATIONS IN CAMEROON: LAW, GOVERNANCE AND INSTITUTIONAL IMPERATIVES

Claude Bernard Tene*, Siddig Omer**, and Blaise Mempouo***

ABSTRACT

Over the last decade, a sustained pattern of building collapse and fire outbreaks has been observed in various West African countries such as Cameroon, Nigeria and Ghana. This has become a matter of serious concern among building practitioners and the public authorities in these countries given the extensive loss of housing investment and human lives. The main reasons for the increased collapse of buildings include poor inspection and monitoring, structural defects, defective design/structure, illegal conversion and alterations and, most importantly, non-adherence to existing building regulations and laws. This article examines the scope of implementation and enforcement of safe building legislation and regulations in Cameroon. It identifies the existing national building regulations and the factors that limit their implementation. The article uses various data collected through questionnaires and interviews to support the finding that although there are extensive norms and regulations dealing with planning matters, there is a lack of technical building regulations and control in the country and that the existing regulations are not effectively implemented. Generic suggestions are made for a coherent implementation of current laws and regulation for safety in the construction industry.

Keywords: Building Policy, Building Regulations, Implementation, Safety, Africa

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.5

CONSTITUTIONAL IMMUNITY CLAUSE AND THE FIGHT AGAINST CORRUPTION IN NIGERIA

Sesan Fabamise*

ABSTRACT

One of the most pressing debates in Nigeria today is on the continued retention, or removal, of the immunity clause enshrined in section 308 of the 1999 Constitution of the Federal Republic of Nigeria. Some scholars canvass for the removal of the immunity clause because its retention, they argue, appears ironic in view of the stance of the government to rid governance of corrupt practices, including misappropriation of public funds. Others have called for its retention while another set of scholars further ask that it be extended to the leadership of the National Assembly and the States Houses of Assembly. This latter group has said that the Senate President, the Deputy Senate President, the Speaker of the House of Representatives and the Deputy Speaker as well as the Speakers of the States Houses of Assembly and their Deputies should be granted immunity under the Constitution. This article discusses the immunity clause and its sphere, extent and limits as it relates to the officers protected, the arguments for and against its retention in the Constitution, as well as state practices in other jurisdictions.It concludes that it is expedient to retain the clause, but the call in some quarters to expand it to cover the leadership of the National Assembly and States Houses of Assembly is not viable.

Keywords: Corruption, immunity, Constitution, sustainable development.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.8

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* LL.B (Lagos), LL.M (Lagos) Associate Professor and Head of Department, Public and International Law, College of Law, Afe Babalola University Nigeria.

CONTRACTUAL AGREEMENTS IN GHANA’S OIL AND GAS INDUSTRY: IN WHOSE INTEREST?

Kow Kwegya Amissah Abraham*

ABSTRACT

This article examines the history, nature, scope and policy ramifications of the production sharing contract as the core contractual agreement guiding the Ghanaian petroleum sector. It discusses the policy linkages between this form of contractual agreement and the management of the country’s oil exploration activities from 2010 to 2014. The article assesses the extent to which Ghana, as a new oil exporting country, has sought to actualize its resource benefits through negotiated contracts and agreements as well as management policies. The article argues that better negotiated contractual agreements ensure maximum State benefits from oil exploration. Again, production monitoring, periodic evaluation and institutional capacity building are effective ways of securing greater profits from oil resources. Finally, better legal and policy frameworks will also guarantee prudent management of the oil revenues. Keywords: Contracts; policy-making; agreements; oil exploration and production; Ghana. DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.9 1. INTRODUCTIONABSTRACT This article examines the history, nature, scope and policy ramifications of the production sharing contract as the core contractual agreement guiding the Ghanaian petroleum sector. It discusses the policy linkages between this form of contractual agreement and the management of the country’s oil exploration activities from 2010 to 2014. The article assesses the extent to which Ghana, as a new oil exporting country, has sought to actualize its resource benefits through negotiated contracts and agreements as well as management policies. The article argues that better negotiated contractual agreements ensure maximum State benefits from oil exploration. Again, production monitoring, periodic evaluation and institutional capacity building are effective ways of securing greater profits from oil resources. Finally, better legal and policy frameworks will also guarantee prudent management of the oil revenues.

Keywords: Contracts; policy-making; agreements; oil exploration and production; Ghana.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.9 1.

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* BA, MPhil (Ghana), MPP (Germany), Lecturer, University of Cape Coast, Cape Coast, Ghana, and Executive Director, Centre for Policy Research and Training. kow.abraham@ucc.edu.gh

LEGAL AND INSTITUTIONAL FRAMEWORK FOR PROMOTING OIL PIPELINE SECURITY IN NIGERIA

Amalachukwu Okafor* and Ayobami Olaniyan**

ABSTRACT

Oil pipelines are no ordinary assets, and their security is of utmost importance especially in a country like Nigeria where oil pipelines are the major means of transporting crude oil. Nigeria relies on this means of transportation, which has been the victim of various physical attacks over the years by vandals and militant groups. This has affected the transportation of crude oil, which isthe most important resource sustaining the Nigerian economy, putting it in jeopardy. This article appraises the efficacy of relevant Nigerian legislation providing for oil pipelines security; highlights the weaknesses of the current regulatory arrangement, and suggests legal reforms to make oil transportation through pipelines efficient, effective and secure in Nigeria. These reforms include the need to have a comprehensive legislation on oil pipeline security; the need to review relevant legislation providing for the security of oil pipelines in Nigeria; proper funding of the security agencies saddled with the overall responsibility for managing as well as safeguarding the pipelines to ensure their productivity; and overhauling the entire security apparatus put in place to protect oil pipelines in Nigeria by having a sustainable and strategic approach to dealing with oil pipeline insecurity.

Keywords: Pipelines, Oil, Vandalism, Sabotage, Security.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.10

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* Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria

** Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria.

THE AFRICAN MINING VISION: PERSPECTIVES ON MINERAL RESOURCE DEVELOPMENT IN AFRICA

Kojo Busia* and Charles Akong**

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.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.7

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* Coordinator, African Minerals Development Centre (AMDC).

** Economic Affairs Officer, Team Leader, Linkages Diversification and Investment, African Minerals Development Centre (AMDC).

MAKING EXTRACTIVE INVESTMENTS WORK FOR AFRICA’S DEVELOPMENT: WHAT ROLE FOR QATAR IN SHAPING THE DEBATE ON NATURAL RESOURCE GOVERNANCE?

Fantu Cheru*

ABSTRACT

At present, emerging economies such as China, are the major importers as well as investors in Africa’s extractive sector. Indeed, they maintain a “stranglehold” on the continent regarding finance for development. Their success in gaining access to the resources of Africa is linked to an effective strategy that combines trade inducements, increased investment flows, aid for infrastructure and construction and technology transfers. With the recent dramatic decline in the price of commodities, and China’s re-balancing with greater emphasis on consumption-driven growth model, growth prospects in commodity-dependent Africa has dampened. Qatar, with its abundant hydrocarbon reserves and US$10 billion foreign exchange reserves, deploys its “soft power” to enable African countries develop their extractive sector fully, industrialize and end China’s financial stranglehold on the continent. Qatar can help develop Africa’s mineral processing industries through public private partnerships and experience. This is because of Qatar’s track record as a sound manager of natural resources. This type of partnership will assist African countries to get more out of their natural resources through valueaddition, and further deepen domestic technological capacity and job creation.

Key words: Qatar, China, Africa, minerals, oil, extractive, development

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.8

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* Professor and Senior Researcher, African Studies Center, Leiden University, the Netherlands Associate Senior Fellow, Stockholm International Peace Research Institute (SIPRI).

TRANSLATING THE EXTRACTIVE RESOURCES TO ECONOMIC GROWTH AND TRANSFORMATION

George Kararach*

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.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.5 1.

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* Senior Economist at the Economic Commission for Africa, Addis Ababa, Ethiopia.

CONCEPTUALIZING THE QATARI-AFRICAN FOREIGN POLICY AND ECONOMIC RELATIONS: THE CASE OF SOFT POWER

Ben O’Bright*

ABSTRACT

Using a case study approach, this article examines the shifting dimensions of Qatar’s international relations strategies with select, geo-politically important African states, including primarily the latter’s private sector and civil society, and focusing on the current or potential use of soft power in particular. To start, this article presents a comprehensive overview of soft power, including its international relations theory-based historical origins; definitional boundaries; associated tools and mechanisms; and the concept’s pragmatic problems and limitations. Second, the article offers several best practice case studies, including the United Kingdom and China, from which core lessons on soft power development and application can be gleaned. This will advance from a list of seven key lessons that any prospective soft power state should consider. Following this, the article engages in an examination of available evidence outlining Qatar’s attempted soft power action on the African continent and, particularly in Sudan, Somalia, Mali and Tunisia, arguing that it relies extensively on “carrotdiplomacy” or the influencing of others backed by material and financial resource inducements. Finally, five problems and roadblocks affecting Qatar’s approach to international relations will be presented, followed by alternative (soft) power-based strategies, which could be explored by its government and leadership.

Keywords: Soft Power; Qatar; Africa; Sudan; Somalia; International Relations; United Kingdom.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.4

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* PhD Candidate, Dalhousie University and Researcher, Centre on Governance, University of Ottawa.

MANAGING AFRICA’S NATURAL RESOURCE ENDOWMENTS: NEW DISPENSATIONS AND GOOD-FIT APPROACHES

Kobena T. Hanson*

ABSTRACT

Managing a nation’s extractive natural resource endowments can advance national development if done meaningfully. Unfortunately, across Africa, the apparent mismanagement of such resources, poor growth rates, social tensions, and civil strife in resource-rich countries have thrown up a great deal of literature on what is now known as resource curse.It has also ignited calls for enhanced governance and improved capacities for the myriad of actors engaged in natural resource extraction. This article draws on the extant literature to interrogate the complex entanglements of issues involved in the natural resource value chain in Africa. It argues that in spite of the general ills, economic challenges, and socio-political pains that resource-rich African nations face in exploiting and managing their natural resources, the extractive industry in Africa is evolving positively, and that the situation of resource-rich African states is not immutable. Available evidence suggests that Africa is emerging a new, more complex, participatory, and coordinated vision of NRM; a development that offers opportunities and possibilities for Africa to engage emerging actors especially in the global South.The article concludes that what Africa needs is an approach with a good fit to local realities, and an enhancement of individual and institutional capacities.

Keywords: Africa, Capacity Development, Governance, Natural Resource Management.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.6

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* Chief Executive Officer, Strategic Outlooks, Ghana/KM Consultant, AfDB, P. O. Box CT9049, Cantonments, Accra, Ghana, E-mail: kthanson64@yahoo.com

LAND GOVERNANCE AND LAND DEALS IN AFRICA: OPPORTUNITIES AND CHALLENGES IN ADVANCING COMMUNITY RIGHTS

Blair Rutherford*

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

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.10

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* Professor of Anthropology in the Department of Sociology and Anthropology, Carleton University, Ottawa, Canada

CHINA’S INFLUENCE IN AFRICA: CURRENT ROLES AND FUTURE PROSPECTS IN RESOURCE EXTRACTION

Liu Haifang*

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.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.3

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* PhD (Peking), Associate Professor, Deputy Director and Secretary General of the Centre for African Studies, School of International Studies, Peking University, China. Email: liuhaifang@pku.edu.c

TRANSNATIONAL INITIATIVES TOWARDS NATURAL RESOURCE GOVERNANCE IN AFRICA POST-2015

Timothy M. Shaw*

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 á 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

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.9

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* PhD, Princeton, is visiting professor at University of Massachusetts, Boston and Adjunct Professor at Aalborg, Carleton University, and University of Ottawa. With degrees from three continents – University of Sussex, Makerere University and Princeton University – he has held visiting positions in China, Japan, Nigeria, South Africa, United Kingdom, Zambia and Zimbabwe as well as in Canada and the US. He continues to edit IPE Series for Palgrave Macmillan/Springer and Routledge.

EXTRACTIVE RESOURCES, GLOBAL VOLATILITY AND AFRICA’S GROWTH PROSPECTS1

Elias T. Ayuk* and Rebecca A. Klege**

ABSTRACT

Africa is endowed with an incredible amount of natural resources of which the extractive sector is a key component. Unfortunately, however, the continent is characterized by a paradox of plenty or resource curse, depicting a situation of abundant resources that have not translated into economic growth and prosperity for the population. The potential role of the extractive sector is further affected by global volatilities. This article reviews the importance of the extractive sector to selected African countries. It identifies sources of global volatility that affect the sector and further attempts to establish the factors that drive the volatility-growth nexus. We use panel data covering 18 selected African countries from 1970-2013 to explain the gross domestic product (GDP) growth. Volatility persistence estimates are also calculated. The article further examines the policy space that African governments might consider to make the extractive sector play a major role in the development of the continent. We find that the extractive sector makes a huge contribution to GDP of the selected countries. The empirical evidence also indicates that 12 out of 18 countries find it difficult to adjust their economies back to equilibrium when hit with volatility shocks or changes in the volatility of GDP growth.

Keywords: economic diversification, extractive sector, growth, natural resources, resource curse, volatility

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.11

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* Director, United Nations University Institute for Natural Resources in Africa, Accra, Ghana.

** Doctoral candidate, School of Economics, University of Cape Town, South Africa.

1 The views expressed in this chapter are those of the authors and should not be attributed to their affiliated institutions.