Open Access. Powered by Scholars. Published by Universities.®

Oil, Gas, and Mineral Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Oil, Gas, and Mineral Law

The Legal Justifications For A People-Based Approach To The Control Of Mineral Resources In The Democratic Republic Of The Congo, Dunia P. Zongwe Apr 2008

The Legal Justifications For A People-Based Approach To The Control Of Mineral Resources In The Democratic Republic Of The Congo, Dunia P. Zongwe

Cornell Law School Inter-University Graduate Student Conference Papers

The Democratic Republic of the Congo (DRC) is endowed with vast mineral wealth. However, although renewed activities in the mining sector ameliorated the DRC’s fiscal position and GDP growth in 2005-07, generally the peoples of the DRC neither participate in nor benefit from the exploitation of mineral resources. The problem is that the exploitation of mineral resources in the DRC go against the interests of the Congolese peoples. To be sure, the Congolese peoples are some of the poorest in the world. The main purpose of this paper is to explore the ways in which the peoples of the DRC …


Civil Society Networks And The Development Of Environmental Standards At International Financial Institutions, David Hunter Jan 2008

Civil Society Networks And The Development Of Environmental Standards At International Financial Institutions, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck Jan 2008

Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck

Articles, Book Chapters, & Popular Press

Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …