Tanzania is endowed with vast quantities and types of resources whose extraction has been central to the country’s economic growth. However, the challenge has been translating growth in extraction activities into inclusive and sustainable socio-economic development and transformation. Instead of being of benefit to all, mineral resource extraction has only served to put Tanzania into the map of foreign capital flows but with limited benefits to the local citizens. Drawing on academic literature, government policy and legal documents as well as other secondary materials, this paper examines challenges of translating resource extraction into inclusive and sustainable socioeconomic development in Tanzania. It focuses on large scale gold mining and local content provisions. The paper argues that having in place a good policy and legal framework is nothing if it is not implemented to the benefit of local communities and the entire nation. There is, therefore, a need to move from papers to implementation if mineral resource extraction is to be of any significance to socioeconomic transformation. This is very significant especially now that Tanzania has a new mining sector legal and policy framework in place and is looking forward to making the most out of its recently discovered natural gas.
{"title":"Mineral Extraction for Socio-Economic Transformation of Tanzania: The Need to Move from Papers to Implementation of Mining Policy and Law","authors":"Japhace Poncian, Constantine George","doi":"10.2139/ssrn.2623924","DOIUrl":"https://doi.org/10.2139/ssrn.2623924","url":null,"abstract":"Tanzania is endowed with vast quantities and types of resources whose extraction has been central to the country’s economic growth. However, the challenge has been translating growth in extraction activities into inclusive and sustainable socio-economic development and transformation. Instead of being of benefit to all, mineral resource extraction has only served to put Tanzania into the map of foreign capital flows but with limited benefits to the local citizens. Drawing on academic literature, government policy and legal documents as well as other secondary materials, this paper examines challenges of translating resource extraction into inclusive and sustainable socioeconomic development in Tanzania. It focuses on large scale gold mining and local content provisions. The paper argues that having in place a good policy and legal framework is nothing if it is not implemented to the benefit of local communities and the entire nation. There is, therefore, a need to move from papers to implementation if mineral resource extraction is to be of any significance to socioeconomic transformation. This is very significant especially now that Tanzania has a new mining sector legal and policy framework in place and is looking forward to making the most out of its recently discovered natural gas.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127567271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Messerschmid starts by comparing conditions in the West Bank, which is rich in groundwater of excellent quality but largely under Israeli control, with conditions in Gaza, which has hardly any appreciable recharge from rain and a water supply that is almost entirely contaminated. The coastal aquifer constitutes the only source of water directly available to the Gaza Strip itself, given its total, forced separation from the West Bank. Decreasing water levels increase the natural inflows of saline groundwater and the largest source of pollution resides in the large amounts of untreated or insufficiently treated waste water infiltrating into the aquifer. The 1967 occupation, compounded by the total siege in place since 2007, has prevented the building of a single modern and sufficiently sized waste water treatment plant, so pollution has increased. In exploring solutions, he says that local and international experts urge waste water treatment, transfers from the West Bank aquifer, and most of all, desalination. In reality, he says, waste water treatment will only meet a very small percentage of needs; transfer from the West Bank is politically and physically unrealistic (Israel will prevent it; the Hebron area itself faces a water shortage); and desalination, a hugely expensive project, subjects Gaza to constant Israeli blackmail through the threat to destroy plants or to withhold the energy, inputs, or expertise needed to run them. The only solution, he concludes, is one whereby legal pressure and economic incentives bring about equitable water sharing by way of transfers from Israel.
{"title":"Water in Gaza: Problems and Prospects","authors":"C. Messerschmid","doi":"10.2139/SSRN.1764252","DOIUrl":"https://doi.org/10.2139/SSRN.1764252","url":null,"abstract":"Messerschmid starts by comparing conditions in the West Bank, which is rich in groundwater of excellent quality but largely under Israeli control, with conditions in Gaza, which has hardly any appreciable recharge from rain and a water supply that is almost entirely contaminated. The coastal aquifer constitutes the only source of water directly available to the Gaza Strip itself, given its total, forced separation from the West Bank. Decreasing water levels increase the natural inflows of saline groundwater and the largest source of pollution resides in the large amounts of untreated or insufficiently treated waste water infiltrating into the aquifer. The 1967 occupation, compounded by the total siege in place since 2007, has prevented the building of a single modern and sufficiently sized waste water treatment plant, so pollution has increased. In exploring solutions, he says that local and international experts urge waste water treatment, transfers from the West Bank aquifer, and most of all, desalination. In reality, he says, waste water treatment will only meet a very small percentage of needs; transfer from the West Bank is politically and physically unrealistic (Israel will prevent it; the Hebron area itself faces a water shortage); and desalination, a hugely expensive project, subjects Gaza to constant Israeli blackmail through the threat to destroy plants or to withhold the energy, inputs, or expertise needed to run them. The only solution, he concludes, is one whereby legal pressure and economic incentives bring about equitable water sharing by way of transfers from Israel.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131920178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A contribution to the debate on how the limited availability of natural resources should be reflected in the teaching of transnational commercial and financial law.
对关于如何在跨国商法和金融法的教学中反映有限的自然资源的辩论作出贡献。
{"title":"Natural Resources and Teaching Transnational Commercial Law","authors":"Thomas Keijser","doi":"10.2139/SSRN.2859592","DOIUrl":"https://doi.org/10.2139/SSRN.2859592","url":null,"abstract":"A contribution to the debate on how the limited availability of natural resources should be reflected in the teaching of transnational commercial and financial law.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128809409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the debate surrounding President Trump’s monument reductions, a critical and as-yet unanswered question is whether prior presidential monument reductions create a precedent for contemporary actions through the doctrine of congressional acquiescence. This article undertakes a historical survey of prior presidential reductions to determine whether—and if so to what extent—there is a pattern of presidential action sufficient to support the congressional acquiescence argument.
{"title":"The Trump Administration and Lessons Not Learned from Prior National Monument Modifications","authors":"J. Ruple","doi":"10.2139/SSRN.3272594","DOIUrl":"https://doi.org/10.2139/SSRN.3272594","url":null,"abstract":"In the debate surrounding President Trump’s monument reductions, a critical and as-yet unanswered question is whether prior presidential monument reductions create a precedent for contemporary actions through the doctrine of congressional acquiescence. This article undertakes a historical survey of prior presidential reductions to determine whether—and if so to what extent—there is a pattern of presidential action sufficient to support the congressional acquiescence argument.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121382342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Brazilian government is mistaken when it believes it will achieve economic progress by reducing or terminating regulatory standards protecting the environment. Polluting, today, does not generate profit, is causes losses and is harmful for the future of capitalism itself. This is the conclusion reached by the Nobel Prize in economics winners in the year 2018, William Nordhaus and Paul Romer, who have thesis committed to sustainable development, which is key for the present and, especially, future generations of human beings and non-humans in a holistic view.
In the worst-case scenario, environmental degradation and deforestation may have a dramatic negative financial impact of US$ 5 trillion for Brazil until 2050. This is the situation where governance is weakened at the most, deforestation explodes and the Country has to buy carbon credits abroad in order to do its part in the global efforts of reducing the emissions of greenhouse gases. This was the exact conclusion reached by 10 prominent Brazilian researchers in paper published in the Nature Climate Change, one of the most renowned scientific publications about climate change.
There is no other way for the capitalist democracy than turning towards economic development moved by renewable energy, with the purpose of protecting the environment and to promote social inclusion with good governance. Incidentally, these are the foundations that we can see in the 2030 Agenda for Sustainable Development that should guide the world and Brazil.
The modern rule of law must be inserted with wisdom and responsibility in the Era of climate change in order to achieve the goals agreed upon in Paris until the year 2100. In Brazil, we, federal judges, must carry out our duty of applying the Federal Constitution of 1988, the statutes and our precedents for environmental protection in an intergenerational perspective.
{"title":"Threats to the Brazilian Environment and Social Rights","authors":"G. Wedy","doi":"10.2139/ssrn.3809355","DOIUrl":"https://doi.org/10.2139/ssrn.3809355","url":null,"abstract":"The Brazilian government is mistaken when it believes it will achieve economic progress by reducing or terminating regulatory standards protecting the environment. Polluting, today, does not generate profit, is causes losses and is harmful for the future of capitalism itself. This is the conclusion reached by the Nobel Prize in economics winners in the year 2018, William Nordhaus and Paul Romer, who have thesis committed to sustainable development, which is key for the present and, especially, future generations of human beings and non-humans in a holistic view. <br><br>In the worst-case scenario, environmental degradation and deforestation may have a dramatic negative financial impact of US$ 5 trillion for Brazil until 2050. This is the situation where governance is weakened at the most, deforestation explodes and the Country has to buy carbon credits abroad in order to do its part in the global efforts of reducing the emissions of greenhouse gases. This was the exact conclusion reached by 10 prominent Brazilian researchers in paper published in the Nature Climate Change, one of the most renowned scientific publications about climate change. <br><br>There is no other way for the capitalist democracy than turning towards economic development moved by renewable energy, with the purpose of protecting the environment and to promote social inclusion with good governance. Incidentally, these are the foundations that we can see in the 2030 Agenda for Sustainable Development that should guide the world and Brazil. <br><br>The modern rule of law must be inserted with wisdom and responsibility in the Era of climate change in order to achieve the goals agreed upon in Paris until the year 2100. In Brazil, we, federal judges, must carry out our duty of applying the Federal Constitution of 1988, the statutes and our precedents for environmental protection in an intergenerational perspective.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"278 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126844374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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