Operationalizing international law principles governing state sovereignty over mineral resources: the case of Zimbabwe and the Democratic Republic of the Congo (DRC)
Date
2016-01-29
Authors
Garufu, Paradzai
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Abstract
The well-worn paradox of the resource curse has not yet been thoroughly examined through
the lens of international law principles governing state sovereignty over mineral resources,
and how these principles have been operationalized in developing African states. Africa is
richly endowed with an array of mineral resources but the development of the continent as a
whole and of individual states has not been concomitant with this resource endowment.
Although international law provides African states with the mandate to regulate and derive
benefits from exploitation of their mineral resources, they do not appear to be working within
this mandate in a manner that ensures the flow of benefits in a sustainable and equitable way.
The international law mandate to regulate and derive benefits from mineral resources is
however multi-faceted. The thesis identifies three key international law principles which
support state sovereignty over mineral resources; namely, self-determination, non-interference
(non-intervention) and permanent sovereignty over natural resources (PSNR). Along with the
right to development, these principles provide a solid basis in international law for African
states to capitalize on their mineral resources in a developmental way. The realpolitik of
mineral extraction, however, requires that African states court investment and establish trade
relations. This expands the mandate to regulate and derive benefits from mineral resources to
include principles of international investment and trade law, which relate to state sovereignty
over mineral resources in ambiguous ways. Additionally, various overarching issues and
threats such as corruption, illegal mining and conflict situations arise and host states have to
navigate them in order to assert their mandate and sovereignty over mineral resources for selfdetermination
and development. How states navigate this complex space through their
authority to determine and implement domestic mineral laws is a question worthy of
consideration. Two case studies, Zimbabwe and the Democratic Republic of the Congo
(DRC) illustrate the multi-faceted ways in which African states use (and fail to use) their
domestic laws in a manner that allows them to benefit from the international law mandate in
support of self-determination and development.
Description
The thesis submitted
in fulfilment of the requirements of the degree
DOCTOR OF PHILOSOPHY
in the School of Law of the University of the Witwatersrand, Johannesburg,
South Africa
April 2015