Land Law and the Extractive Industries: Challenges and Opportunities in Africa

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Land Law and the Extractive Industries: Challenges and Opportunities in Africa

By Victoria R. Nalule
Hart Publishing March 2023

Specifications

ISBN-13
9781509952755
Publisher
Hart Publishing
Publication
March 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas.

Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities.

Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.

Table of Contents

1. Introduction to Land Law and Extractives in Africa
I. Introduction
A. The Origin of Land Injustices in Africa Summarised
B. A Snapshot of Land Access
II. Ownership and Control of the Extractive Resources
A. Ownership under National Law
B. Sovereignty Over Natural Resources under International Law
III. Legal and Regulatory Frameworks Governing the Extractive Industries
A. Role of International Law
B. Role of Regional Energy Laws
C. Snapshot of Mining Laws and Regulations in Africa
D. Snapshot of Energy Laws and Regulations in Africa
IV. Nexus between Land Access and Extractives
A. The African Extractives Industry: Highlighting the Land Issues
B. Snapshot of the Impacts of Extractives on Land Use
V. Structure of the Book
VI. Conclusion

2. Land Law Reforms in Africa and their Impact on the Extractive Industries
I. Introduction to Land Law
A. The Nature of Land Law
B. Common Terms in Land Law
C. Conceptual Framework
II. Land Law Reforms and their Impact on the Extractive Industries: Case Studies
A. Land Law Reforms in Tanzania
B. Land Law Reforms in South Africa
C. Land Law Reforms in Uganda
D. Land Law Reforms in Rwanda
E. Other Case Studies Explored: Land Reforms in Kenya
III. Environmental Impacts Associated with extractives and Land Access
IV. Conclusion

3. Land Access from the Perspective of the African Mining Sector
I. Introduction to Mining in Africa 1
A. Snapshot of the Mining Industry
B. Mining in Africa
C. Brief about Mineral Reserves and Production
D. Influence of History on the African Mining Sector
E. Importance of Minerals: The Rising Role of Critical Minerals
II. Land Access from the Perspective of Large-Scale Mining
A. Key Stages of Mineral Extraction
B. Linkages in the Mining Sector
C. Licensing for LSM Companies
III. Land Access from the Perspective of Artisanal and Small-Scale Mining
IV. Gender Justice in the Mining Sector
V. Mining Disputes and Land Access
A. Mining Disputes and Conflicts Related to Land Use
B. Other Mining Disputes: Arbitration Cases Explored
VI. Conclusion

4. Land Access from the Perspective of the Energy Sector
I. Introduction to Energy Law
A. The Nature of Energy Law
B. Sustainable Development Goals 7 and 13 as Drivers of New Energy Law Development
C. Influence of Regionalism and Globalism in Energy Law
II. Petroleum Projects and Land Access
A. Types of Fossil Fuels
B. Energy Infrastructure and Related Land Issues
III. Renewable Energy Projects and Land Access
A. Sources of Renewable Energy
B. Advantages and Challenges of Renewable Energy
C. Energy Efficiency in SSA
D. Low-Carbon Energy Infrastructure
IV. Energy Disputes Related to Land
A. Negotiating Petroleum Projects: Dispute Resolution
B. Types of Petroleum Agreements
C. Stabilisation Clauses in Petroleum Agreements
D. Other Avenues for Protecting Energy Investments
E. Petroleum Taxation
V. Conclusion

5. Conclusion: Pertinent Issues in the African Extractive Industries
I. Social Licence to Operate (SLO), Extractives and Land Access
II. Local Content, Extractives and Land Access
A. Meaning and Nature of Local Content
B. Why are African Countries Advocating for Local Content?
C. Arguments against Local Content
D. Legal Provisions for Local Content
III. Regionalism, Extractives and Land Access
A. Regionalism versus Isolationism
B. Regionalism versus Globalism/Multilateralism
IV. Concluding Remarks and Recommendations
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