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Author: James Thuo Gathii
Publisher:
ISBN:
Category :
Languages : en
Pages : 38
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Book Description
Third world citizens -- parties who often have the most to lose in natural resource contracts between their governments and foreign investors -- often have no voice in negotiations of the contracts and consequently have no remedy under contract law when harms occur or when the contracts are not properly enforced. The privity of contracts doctrine, which permits contract suits only by parties to the contract, bars these citizens from suing because they were not in privity with any of the contracting parties, despite that these contracts are generally made for the benefit of these citizens. However, some countries have adopted -- and this Essay argues other countries ought to adopt -- a rule that adequately protects the interests of these third parties: the Third Party Beneficiary Principle.The Third Party Beneficiary Principle permits third parties -- who lack privity -- to sue where the contract was formed for the benefit of such third parties. In the context of natural resource contracts, citizens are the intended third party beneficiaries, and as such should have some legal mechanism by which they can sue under the contract.The Third Party Beneficiary Principle is the best possible solution to current problems. It can supplement the unenforceable methods of reproach currently available to citizens in natural resource contract situations that adversely affects them. Though the Third Party Beneficiary Principle is not perfect in its application, it is the best possible method currently available for permitting citizens to seek legal remedies.
Author: James Thuo Gathii
Publisher:
ISBN:
Category :
Languages : en
Pages : 38
Get Book Here
Book Description
Third world citizens -- parties who often have the most to lose in natural resource contracts between their governments and foreign investors -- often have no voice in negotiations of the contracts and consequently have no remedy under contract law when harms occur or when the contracts are not properly enforced. The privity of contracts doctrine, which permits contract suits only by parties to the contract, bars these citizens from suing because they were not in privity with any of the contracting parties, despite that these contracts are generally made for the benefit of these citizens. However, some countries have adopted -- and this Essay argues other countries ought to adopt -- a rule that adequately protects the interests of these third parties: the Third Party Beneficiary Principle.The Third Party Beneficiary Principle permits third parties -- who lack privity -- to sue where the contract was formed for the benefit of such third parties. In the context of natural resource contracts, citizens are the intended third party beneficiaries, and as such should have some legal mechanism by which they can sue under the contract.The Third Party Beneficiary Principle is the best possible solution to current problems. It can supplement the unenforceable methods of reproach currently available to citizens in natural resource contract situations that adversely affects them. Though the Third Party Beneficiary Principle is not perfect in its application, it is the best possible method currently available for permitting citizens to seek legal remedies.
Author: Joseph Clifford N. Ndi
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832547487
Category : Law
Languages : en
Pages : 334
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Book Description
Within ecclesiastical circles, both from the perspective of legal practice and ordinary relational matters between ecclesiastical entities, the theme of contract very scarcely occupies a place of prominence. It is a situation that is due on the one hand, and to a large extent, to the fact that the canonisation of civil law on contracts (c. 1290 CIC/1983) has had the consequence of transferring the preoccupation of the entities on this matter to the domain of civil law. Besides, and still connected to the above, is the tendency to attribute a merely pastoral relevance to their relationships, with little or no reference to the juridic aspects inherent in these relationships. It is a situation that is largely responsible for the crisis which do not uncommonly characterise some of these relationships as verified over the centuries; particularly in the relationship between dioceses and religious institutes. The issuance of various papal and conciliar exhortations before and after Vatican II, as well as the normative instructions and legal provisions contained in various juridic documents, most prominently cc. 271, 520, 681 and 790 of CIC/1983, has gone a long way to dissipate some of the tensions of the past. However, the true nature of how the contractual relationship between ecclesiastical entities, including the attendant issues of conceptual understanding, civil status of ecclesiastical entities, resolution of contractual disputes, etc., remains a matter of investigative interest for the canonist. This is, in a nutshell, the substance of this research work. The conclusions arrived at offer the reader an insight into the available untapped resources within the ecclesiastical legal system, as well as some considerable possibilities which remain to be explored to the benefit of the subjects of canon law.
Author: Isabel Feichtner
Publisher: Springer
ISBN: 3030113825
Category : Law
Languages : en
Pages : 546
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Book Description
This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.
Author: Marta Santos Silva
Publisher: Taylor & Francis
ISBN: 1040037437
Category : Law
Languages : en
Pages : 693
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Book Description
The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.
Author: Vibe Ulfbeck
Publisher: Routledge
ISBN: 0429866097
Category : Law
Languages : en
Pages : 248
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Book Description
Corporate Social Responsibility has for long been on the agenda in the business world and recently, it has also become a political agenda in the European Union. Focusing on international supply chains and their control based on studies of law in several European jurisdictions, this book aims to advance the discussion on the application and enforcement of CSR. Drawing parallels to US and Canadian law, the book explores to what extent private law tools can be used as an enforcement device and it ultimately asks if what we are witnessing is the formation of a new area of law, employing the interplay of contract and tort – a law of "production liability", as a corollary of the concept of "product liability".
Author: Ben Beaumont
Publisher: Kluwer Law International B.V.
ISBN: 9403517964
Category : Law
Languages : en
Pages : 272
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Book Description
In the spirit of Pieter Sanders’s classic Quo Vadis Arbitration? (1999), this far-reaching overview of the state of international arbitration thoroughly assesses the current condition and prospects of arbitration and conciliation with practical, insightful solutions to the new and emerging problems confronting arbitration practice today. A distinguished group of internationally renowned arbitrators, academics, and lawmakers elucidate the ubiquitous evolution towards increased technical complexity, the need for multi-focal and multi-cultural approaches, and the tension between desirable simplicity and indispensable precision that have come to characterize current arbitral practice and procedure. Among the topics covered are the following: remote hearings; reliance on digital technology; cost of arbitration in a post-COVID world; extension of the arbitration agreement to non-signatories; tailoring of ADR techniques to suit the needs of micro, small, and medium-sized enterprises; jurisdictions emerging as new arbitration hubs, e.g., Delaware, the Caribbean, Scotland; evolution of a code of conduct for adjudicators in investment disputes; and the reform of bilateral investment treaties. As Sanders’s 1999 book did at the time, the chapters identify specific improvements and refinements to the entire system as it has developed over recent decades. The book will be a go-to resource for the arbitration community worldwide as a stocktaking of current and ongoing trends in international arbitration. It will enthuse the many lawyers, judges, legislators, and businesspeople to whom it is addressed.
Author: Stuart S. Yeh
Publisher: Rowman & Littlefield
ISBN: 1793655103
Category : Law
Languages : en
Pages : 387
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Book Description
The End of Corruption and Impunity argues that it is feasible to limit the corruption that plagues developing regions of the world by implementing an international treaty designed to combat dysfunctional criminal justice systems and restore human rights.
Author: Evaristus Oshionebo
Publisher: Routledge
ISBN: 1351055526
Category : Law
Languages : en
Pages : 277
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Book Description
Africa is endowed with commercially viable quantities of several minerals and metals, and, more than ever before, African countries wish to harness their mineral resources for their economic development. The African mining sector has witnessed a revolution in terms of new mining codes and amendments to extant mining codes, which are designed to achieve a multitude of objectives, including the assertion of greater control over exploitation of mineral resources; optimization of resource royalties and taxes; promotion of equity participation in mining projects; enhancement of indigenization in the form of domestic participation in mineral production and local content requirements; value addition and beneficiation in terms of domestic processing of raw mineral ores and metals in Africa; and the promotion of sustainable practices in the mining sector. This book analyzes the legal and fiscal frameworks for hard-rock mining in several African countries including Botswana, Democratic Republic of Congo, Ethiopia, Ghana, Guinea, Kenya, Namibia, Nigeria, Liberia, Tanzania, Sierra Leone, South Africa, South Sudan, Zambia, and Zimbabwe, with reference to other resource-rich countries. It engages in a comparative analysis of mining statutes in Africa with regard to topics such as the acquisition of mineral rights; types of mineral rights; the nature of mineral rights; the rights and obligations of mineral right holders; security of mineral tenure; surface rights; fiscal regimes including royalty and tax regimes; resource nationalism in the mining sector; management and utilization of mining revenues including benefit-sharing arrangements between mining companies and host communities; environmental stewardship; and sustainable exploitation of mineral resources.
Author: Marc Bungenberg
Publisher: Springer
ISBN: 3319977520
Category : Law
Languages : en
Pages : 524
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Book Description
Volume 9 of the EYIEL focusses on natural resources law understood as a special area of international economic law. In light of increasing conflicts over access to and the use of natural resources and of their impact on political, social and environmental aspects, the contributions of this volume analyse to which extent international economic law can contribute to the sustainable exploitation, management and distribution of natural resources. The volume collects contributions on general principles of natural resources law, the importance of natural resources for trade, investment and European economic law as well as analyses of particular sectors and areas including fracking, timber, space and deep seabed mining and natural resources in the arctic region. In its section on regional developments, EYIEL 9 addresses two regional integration systems which are usually not at the centre of public interest, but which deserve all the more attention due to their special relations with Europe: The Eurasian Economic Union and the Caribbean Community (CARICOM). Further EYIEL sections address recent WTO and investment case law as well as developments at the IMF. The volume also contains review essays of important recent books in international economic law and other aspects of international law which are connected to international economic relations. The chapter "Sovereignty, Ownership and Consent in Natural Resource Contracts: From Concepts to Practice" by Lorenzo Cotula is open access under a CC BY 4.0 license via link.springer.com.
Author: C. M. Chinkin
Publisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 440
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Book Description
This title exlores the role of third parties in international legal contexts.--
