Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Illicit Exploitation Of Natural Resources - Art. 28l Bis Of The Malabo Protocol, James G. Stewart, Daniëlla Dam
Illicit Exploitation Of Natural Resources - Art. 28l Bis Of The Malabo Protocol, James G. Stewart, Daniëlla Dam
All Faculty Publications
Article 28A(1)(13) of the Protocol to the Statute of the African Court of Justice and Human Rights lists ‘Illicit exploitation of natural resources’ as a criminal offense within the Court’s jurisdiction. In conjunction with the new mandate of the African Court, which includes the exercise of jurisdiction over corporations for the first time in an international treaty, the prohibition of “illicit exploitation of natural resources” creates an offense with especially sharp teeth, for business people, their corporations, military actors and politicians. The crime constitutes an important innovation in international law, since it offers a distinct legal basis for prosecution of …
Democratising Or Demonising The World Heritage Convention?, Natasha Affolder
Democratising Or Demonising The World Heritage Convention?, Natasha Affolder
All Faculty Publications
In recent disputes surrounding mining projects in and around World Heritage sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of 'democratic deficits' originate from both opponents and supporters of the Convention regime. They challenge the compatibility of international processes with national law and institutions, raise questions of accountability and transparency, and revisit tensions between state sovereignty and common heritage. This paper traces these perceptions of democratic shortcomings in the Convention regime to certain misunderstandings of the Convention, to failed participatory processes at the national level, and to the …