Kolo, Abba --- "Dispute Settlement and Sustainable Development of Natural Resources in Africa" [2011] ELECD 403; in Botchway, N. Francis (ed), "Natural Resource Investment and Africa’s Development" (Edward Elgar Publishing, 2011)

Book Title: Natural Resource Investment and Africa’s Development

Editor(s): Botchway, N. Francis

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446793

Section: Chapter 2

Section Title: Dispute Settlement and Sustainable Development of Natural Resources in Africa

Author(s): Kolo, Abba

Number of pages: 23

Extract:

2. Dispute settlement and sustainable
development of natural resources in
Africa
Abba Kolo

Underlying the litany of Africa's development problems is a crisis of govern-
ance. (World Bank (1989), Sub-Saharan Africa: From Crisis to Sustainable
Growth, p. 60)



1 INTRODUCTION

To a large extent, the above observation made by the World Bank more
than two decades ago in the context of socio-economic development still
stands and probably applies with respect to conflicts that threaten sustain-
able development of the natural resources of most African countries. This
chapter argues that inadequate or ineffective (real or perceived) access
to justice to those harmed by natural resource exploitation fuels armed
conflict in most resource-rich African countries, which in turn threatens
sustainable development of the resources. The chapter focuses on the need
for future investment treaties and/or natural resources development agree-
ments in Africa to incorporate key sustainable development principles
(such as protection of fundamental human rights and the environment)
and to subject these rights to binding international arbitration provision
of the treaty or agreement. The chapter suggests that institutionalising
good governance through international adjudication of resource-related
disputes between host communities and foreign investors/host states is
not only desirable but necessary for the sustainable development of such
resources in Africa. International adjudication is as important in resolv-
ing such disputes as it is with respect to disputes between host states and
foreign investors.
The chapter is organised as follows. Section 2 highlights the basic com-
ponents of ...