Page 1 of 9 22Nd May 2020 VALLIS REPORT RESOURCE NATIONALISM in AFRICA CASE STUDY EXAMPLES: DEMOCRATIC REPUBLIC of CONGO, ZAMBIA

Total Page:16

File Type:pdf, Size:1020Kb

Page 1 of 9 22Nd May 2020 VALLIS REPORT RESOURCE NATIONALISM in AFRICA CASE STUDY EXAMPLES: DEMOCRATIC REPUBLIC of CONGO, ZAMBIA 22nd May 2020 VALLIS REPORT RESOURCE NATIONALISM IN AFRICA CASE STUDY EXAMPLES: DEMOCRATIC REPUBLIC OF CONGO, ZAMBIA AND TANZANIA Page 1 of 9 Vallis Group Limited, Vallis House, 57 Vallis Road, Frome, Somerset, BA11 3EG, England +44-(0)-1373-453-970 Incorporated in England: Company Registration No. 04524501 | www.vallis-group.com | [email protected] WHAT IS RESOURCE NATIONALISM? The previous errors made by some governments is that they have continued to offer excessively “Resource nationalism is the tendency of people generous terms to companies believing that such and governments to assert control over natural incentives are necessary to attract Foreign Direct resources located on their territory.”1 Investments (FDI). It is an economic policy that relies on state Therefore when governments abruptly or ownership or control of natural resources located unilaterally revise existing agreements or break on national territory to advance political, social or with established conventions, complaints by industrial objectives. affected foreign companies will be inevitable and legitimate. This policy states that resources belong to the people and that state employment are the best TRANSPARENCY WITHIN RESOURCE managers of resources against privatization. NATIONALISM Consequently, resource nationalism conflicts with the interests of multinational corporations. The Extractive Industries Transparency Initiative (EITI) is the global standard to promote WHY WOULD COUNTRIES TURN TO the open and accountable management of oil, gas RESOURCE NATIONALISM? and mineral resources. “Resource nationalism tends to peak exceptionally The initiative is guided by the belief that a country’s when there is a perception that commodity prices natural resources belong to its citizens and they are high and countries feel they are not getting the have established a global standard to promote the benefit,” said Claude Baissac, the head of open and accountable management of oil, gas and Johannesburg-based risk consultancy Eunomix mineral resources. Business & Economics Ltd.2 The EITI Standard requires information along The term has generally described initiatives by host the extractive industry value chain from the point of governments to secure greater financial, extraction, to how the revenue makes its way regulatory, and sometimes operational control over through the government, to how it benefits the extractive activities. public. Some may argue that governments often use the discourse of resource nationalism to conceal their This includes how licenses and contracts are failures. Nationalisation policies are portrayed as allocated and registered, who are the beneficial benefitting the masses when, in reality, the wealth owners of those operations, what are the fiscal and accrued continues to be concentrated in the hands legal arrangements, how much is produced, how of elites. much is paid, where are those revenues allocated, and what is the contribution to the economy, To ensure this does not happen, interests should including employment. be balanced with risk-sharing requires sacrifices from multiple stakeholders. In cases where THE DEMOCRATIC REPUBLIC OF CONGO corporate and state interests diverge, more (DRC) practical approaches can provide solutions. Félix Antoine Tshisekedi HOW ARE RELATIONSHIPS WITH FOREIGN Tshilombo (born 13th COMPANIES BEING AFFECTED? June 1963) is the President of the Democratic Republic In the mining industry for example, capacity deficit of the Congo since 25th among African mineral producers has complicated January 2019. relations with foreign companies. Resolving tensions created by resource nationalism can only He is the leader of the Union be achieved by understanding how these elements for Democracy and Social are interlinked. Progress (UDPS), the 1 “Is Resource Nationalism on the Rise:Evidence from Service 2 “A Copper Mining Lesson from Zambia: History Repeats Itself” Contracts in Eight Countries” – Abbas Ghandi and CY Cynthia – Antony Sguazzin and Matthew Hill, 23rd May 2019, Lin, University of California, September 3rd 2014. https://www.bloomberg.com/news/articles/2019-05-23/a- copper-mining-lesson-from-zambia-history-repeats-itself Page 2 of 9 Vallis Group Limited, Vallis House, 57 Vallis Road, Frome, Somerset, BA11 3EG, England +44-(0)-1373-453-970 Incorporated in England: Company Registration No. 04524501 | www.vallis-group.com | [email protected] oldest and largest party of the Democratic Republic programmes are expected to support communities of Congo, succeeding his late father Étienne that live around strictly protected areas. Sadly few Tshisekedi in that role, a three-time Prime Minister of these programmes have had success so far. of Zaire and opposition leader during the reign of Figure 1 below shows deforestation for rice Mobutu Sese Seko. planting. WHAT ARE THE DRC’S PRINCIPAL NATURAL RESOURCES? The Democratic Republic of the Congo is one of the richest countries in the world in terms of natural resources. It sits on an estimated $24 trillion worth of natural resources, including 3.2 trillion cubic feet of natural gas, large deposits of iron ore, platinum, diamonds, gold and uranium, as well as 106,270 square kilometers of arable land. Real GDP growth dropped to 4.3% in 2019 from 5.8% in 2018 due to a slowdown in extractives, the economy’s main driver despite a fall in the price of some raw materials (copper and cobalt). Agriculture has suffered from low productivity Figure 1: Forest cleared for rice planting in central DRC. while energy shortages have hindered Photo by John. C. Cannon. industrialization efforts. Growth has been driven The Mining Code establishes that the state owns by domestic demand, particularly private these assets. Due to the potential high revenue investment and public consumption. generated from licensing, exploitation and taxation, the exploration of mineral resources supersedes The expected adoption of the 2019–23 Strategic any other land use. Development Plan aims to give national priorities more visibility. Thanks to the country’s low debt A growing population coupled with intense (13.7% of GDP for external debt and 6.5% for international competition for natural assets to fuel domestic debt in 2018), new external concessional domestic and foreign economic growth is putting loans can be secured. pressure on forests in the DRC. The economy remains dependent on mining WHAT ARE THE DANGERS TO THE DRC’S products, which makes it vulnerable to global price RESOURCES? fluctuations. The DRC has introduced policy and legislation to strengthen governance, use and Future deforestation may be driven largely by the control of forestry, mining and agriculture. expansion of palm oil plantations into forest regions. Virtually all of the dense humid (high The country also contains the world’s second carbon) forests of the DRC are on soils and in largest tropical forest, which can make a significant climatic conditions that are suitable for palm oil contribution to the mitigation of climate change, production. Many agriculture investment therefore adds another dimension of challenge to companies from Asia, including Chinese firms, pay government, civil society and development about $300 per ha for forest lands that will be agencies alike. transformed into palm plantations. Access and distribution of benefits from Other activities such as industrial mining continue investments in land, forests and other key natural to threaten the DRC’s forests and biodiversity, due assets are fundamental for growing the wealth and to the overlap between the mineral resources, stability of the population of the DRC. tropical forests, protected areas and a lack of adequate environmental and social safeguards. WHAT HAVE BEEN THE INITIATIVES TAKEN Figure 2 is the largest copper mine in the DRC. TO PROTECT ITS RESOURCES? A number of codes have been put in place to protect and control resources from over exploitation. The Forest Code provides for benefit sharing with communities living around logging (and conservation) concessions, alternative livelihoods Page 3 of 9 market in the world. Figure 3 is an example of the presence of Chinese future investment in the DRC. Figure 2: An open pit at the Tenke Fungurume mine. Freeport-McMoRan Inc. The largest copper mine in the Democratic Republic of Congo. (Photo: Johnny Hogg / Reuters) Figure 3: Chinese state-owned enterprises are making deep, long-term investments in Congo's extractive industries. Image Poor governance of natural resources means that by Jacob Kushner. Congo, 2013. the DRC exports its riches thereby aiding the growth of economies elsewhere while its own WHAT DOES THE FUTURE LOOK LIKE FOR natural resources dependent population continue THE DRC? to experience high levels of poverty and internal conflict. In his first address to the UN General Assembly, in September 2019, Félix Tshisekedi underlined the The DRC is short of qualified evaluators despite its need to reform the primary body charged with immense mineral wealth. As such, administrative maintaining international peace and security. He fiat and misguided legislations integrated in the added the DRC’s commitment towards the SDGs language of resource nationalism become the in achieving a more just and equitable world. norm as national regulators attempt to rescue back the initiative. Mr. Tshisekedi emphasised that, while African countries are the “pivot of sustainability”, they also China primarily wants more access to the long for development that protects the natural enormous copper and cobalt
Recommended publications
  • Print This Article
    Journal of Law & Commerce Vol. 36, No. 1 (2017) ● ISSN: 2164-7984 (online) DOI 10.5195/jlc.2017.130 ● http://jlc.law.pitt.edu WHAT IS TO BE DONE ABOUT RESOURCE NATIONALISM?: THE CASE OF OYU TOLGOI Batkhuu Dashnyam This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. This site is published by the University Library System of the University of Pittsburgh as part of its D-Scribe Digital Publishing Program, and is cosponsored by the University of Pittsburgh Press. WHAT IS TO BE DONE ABOUT RESOURCE NATIONALISM?: THE CASE OF OYU TOLGOI Batkhuu Dashnyam* Foreign mining is as important now as ever. As the global population has continued to increase, so has the demand for natural resources. Developing countries richly endowed with natural resources have begun to realize that harnessing them presents a rare opportunity to fuel broader socioeconomic change and may, potentially, catalyze wholesale transformation.1 In this vein, countries have begun to increase their taxes and royalties on mining;2 and, to a greater extent, a “more indirect or insidious form of government intervention referred to as ‘creeping expropriation’”3 has begun to appear, whereby a “foreign investor is substantially deprived of the use or benefit of their investment even though formal title may continue to vest.”4 This emerging tension is encapsulated in what is known as “resource nationalism.” In essence, resource nationalism broadly refers to governmental “dissatisfaction about the distribution of revenues from mining between company shareholders and the host nation.”5 Even after agreeing with foreign investors about the rights, royalties, taxes, and terms for a mining project, governments subsequently will attempt to renegotiate or even possibly breach their bargain in an effort to extract more control and * Batkhuu Dashnyam is a member of the Class of 2018, at the University of Pittsburgh School of Law.
    [Show full text]
  • Southeast Asia's Nuclear Energy Future
    Southeast Asia’s Nuclear Energy Future: Promises and Perils Prashanth Parameswaran Southeast Asian nations are embarking on a pursuit for The twin drivers of growing energy demand and climbing nuclear energy. While this promises to help satisfy the energy prices will push Southeast Asian nations toward region’s growing energy thirst in a more cost-efficient and nuclear energy in the future. Increasing energy prices, climate-friendly way, nuclear power also has its perils. The according to the Asia Pacific Energy Research Center (APERC), specter of proliferation looms large and the potential for are sustained by at least three structural factors: first, nuclear accidents remains high in a region prone to natural growing energy demand in most economies despite price disasters and averse to strong institutional safeguards and increases; second, the unwillingness of major players to export controls. Policymakers will have to be vigilant in expand production and export capacity coupled with mitigating these threats in order to ensure the region’s safe intensifying resource nationalism in oil and natural gas passage through its nuclear future. producing economies; and, third, a worsening geopolitical situation in the Middle East.3 Despite price decreases in the Electricity in Southeast Asia is primarily sourced from coal, oil, short run, all three factors are unlikely to ebb in the long run, natural gas, and hydro-power.1 While the region is awash and energy prices will thus continue to increase. And if the with energy resources, rising demand has placed a strain on prices of conventional energy resources continue their them. Southeast Asia has been a net oil importer for some upward turn, the demand for alternatives like nuclear energy years, and significant natural gas reserves are often located will rise.
    [Show full text]
  • Hybridisation of Local and National Opposition to Kumtor Mine, Kyrgyzstan
    land Article Dirty Water, Muddied Politics: Hybridisation of Local and National Opposition to Kumtor Mine, Kyrgyzstan Joseph Horrocks-Taylor ID School of Geography, University of Oxford, Oxford OX1 3QY, UK; [email protected]; Tel.: +44-(0)-770-259-8604 Received: 6 March 2018; Accepted: 31 March 2018; Published: 3 April 2018 Abstract: From a Mongolian ‘super mine’ to China’s One Belt One Road, rapid infrastructural development is reforging Central Asia as an economic pivot of the future. Such development offers enticing economic benefits, but threatens fragile environments and local livelihoods. Due to the weakness of the state, the emphasis will be on citizens to hold developers accountable to their social and environmental pledges. Reports of political elites influencing the demands of popular protests call into question the ability of citizens to fulfil this function. This paper examines protest authenticity in Kyrgyzstan, focusing on an environmental social movement against Kumtor gold mine. We trace the emergence and evolution of the social movement, identifying the flexible discursive and scalar strategies it uses to achieve emphasis of the local level and relevance on the national scale. The discussion focuses on how national political saliency may incentivise elite involvement with social movements. This involvement can mask the local demands of the social movement, fixing the environmental problem as a national issue. It is crucial to understand the scalar dynamics of elite-protest interaction if Central Asian civil society is to hold future infrastructural developments to account. Keywords: Central Asia; Kyrgyzstan; infrastructure; environment; mining; social movements; protest; environmental justice; subversive clientelism 1.
    [Show full text]
  • From Petro-Nationalism to Post-Extractivism in Ecuador Thea
    Thea Riofrancos Resource Radicals From Petro-Nationalism to Post-Extractivism in Ecuador Resource Radicals fl1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 34 35 35 36 36 37 Radical Américas 37 38 A series edited by Bruno Bosteels 38 39 and George Ciccariello- Maher 39 fl1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 Resource Radicals 27 28 28 29 29 From Petro- Nationalism 30 30 31 to Post- Extractivism 31 32 in Ec ua dor 32 33 33 34 Thea Riofrancos 34 35 35 36 36 37 Duke University Press 37 38 Durham and London 38 39 2020 39 © 2020 Duke University Press All rights reserved Printed in the United States of Amer i ca on acid- free paper ∞ Designed by Drew Sisk Typeset in Portrait Text and Helvetica Neue by Westchester Publishing Services. Library of Congress Cataloging- in- Publication Data Names: Riofrancos, Thea N., author. Title: Resource radicals : from petro-nationalism to post-extractivism in Ecuador / Thea Riofrancos.
    [Show full text]
  • The Effect of China's Scramble for Resources and African Resource Nationalism on the Supply of Strategic
    THE EFFECT OF CHINA’S SCRAMBLE FOR RESOURCES AND AFRICAN RESOURCE NATIONALISM ON THE SUPPLY OF STRATEGIC SOUTHERN AFRICAN MINERALS: WHAT CAN THE UNITED STATES DO? Dr. Stephen Burgess 2010 INSS RESEARCH PAPER US AIR FORCE INSTITUTE FOR NATIONAL SECURITY STUDIES USAF ACADEMY, COLORADO THE EFFECT OF CHINA’S SCRAMBLE FOR RESOURCES AND AFRICAN RESOURCE NATIONALISM ON THE SUPPLY OF STRATEGIC SOUTHERN AFRICAN MINERALS: WHAT CAN THE UNITED STATES DO? Dr. Stephen Burgess*† 2010 The continued free market supply of strategic minerals from Southern Africa is a matter of importance for the United States government. US defense industries require strategic minerals for the manufacture of systems which are critical to US national security. In the coming years the free market supply of Southern African strategic minerals could become diminished, and US national security interests could be adversely affected as a result. Areas of particular concern include infrastructure problems in the region, African resource nationalism and Chinese demand-driven intervention in Southern Africa. PROJECT SUMMARY This report builds upon the 2010 INSS Research Paper titled “Sustainability of Strategic Minerals in Southern Africa and Potential Conflicts and Partnerships” concerning the sustainability of the supply of mineral resources from Southern Africa that are strategic to the United States.1 This report focuses on competition and potential conflict over strategic minerals caused by Chinese demand-driven activities and African resource nationalism. These are the two variables which can most cause dramatic contractions in strategic minerals supply. This report provides additional analytical depth and makes definitive predictions; and it also broadens the scope of analysis to include the platinum and chromium-rich but troubled country of Zimbabwe.
    [Show full text]
  • Making the Most of Natural Resources in Indonesia
    OECD Economics Department Working Papers No. 1236 Making the Most of Natural Richard Dutu Resources in Indonesia https://dx.doi.org/10.1787/5js0cqqk42ls-en Unclassified ECO/WKP(2015)54 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 28-May-2015 ___________________________________________________________________________________________ _____________ English - Or. English ECONOMICS DEPARTMENT Unclassified ECO/WKP(2015)54 MAKING THE MOST OF NATURAL RESOURCES IN INDONESIA ECONOMICS DEPARTMENT WORKING PAPERS No. 1236 By Richard Dutu OECD Working Papers should not be reported as representing the official views of the OECD or of its member countries. The opinions expressed and arguments employed are those of the author(s). Authorised for publication by Robert Ford, Deputy Director, Country Studies Branch, Economics Department. All Economics Department Working Papers are available at www.oecd.org/eco/workingpapers English JT03377338 Complete document available on OLIS in its original format - This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of Or. English international frontiers and boundaries and to the name of any territory, city or area. ECO/WKP(2015)54 OECD Working Papers should not be reported as representing the official views of the OECD or of its member countries. The opinions expressed and arguments employed are those of the author(s). Working Papers describe preliminary results or research in progress by the author(s) and are published to stimulate discussion on a broad range of issues on which the OECD works. Comments on Working Papers are welcomed, and may be sent to the Economics Department, OECD, 2 rue André-Pascal, 75775 Paris Cedex 16, France, or by e-mail to [email protected].
    [Show full text]
  • The Rise of Resource Nationalism?
    Southern African Institute of Mining and Metallurgy The Rise of Resource Nationalism: A Resurgence of State Control in an Era of Free Markets Or the Legitimate Search for a New Equilibrium? A Study to Inform Multi-stakeholder Dialogue on State-Participation in Mining Compiled by Michael Solomon Cape Town, February, 2012 Disclaimer The Southern African Institute of Mining and Metallurgy, as a body, is not responsible for the statements and opinions advanced in any of its publications. The Rise of Resource Nationalism: Resurgence of State Control in an Era of Free Markets Or the Legitimate Search for a New Equilibrium? P a g e | 2 Southern African Institute of Mining and Metallurgy The Rise of Resource Nationalism? Research Team Project Director Michael Solomon Chairman of the Mineral Economics Committee Southern African Institute of Mining and Metallurgy Project, Production Melanie Low Independent Researcher & Editorial Manager Research Director Dr Sue Cook Research + Planning Executive, Royal Bafokeng Nation Macro-economics Prof Stan Du Plessis Professor of Economics at Stellenbosch University. Vice-Dean (Research) Faculty of Economics and Management Science at Stellenbosch University and President of the Economic Society of South Africa Political Economics Michael Solomon Southern African Institute of Mining and Metallurgy Prof Anthony Butler Department of Political Science, University of Cape Town Dr Michael Khan University of Stellenbosch Fiscal Implications Prof Fred Cawood Head of School, School of Mining Engineering, University
    [Show full text]
  • Energy Market Consequences of an Emerging U.S
    Energy Market Consequences of an EmergIng U.S. Carbon Management PolIcy Lithium in Bolivia: Can Resource Nationalism Deliver for Bolivians and the World? David R. Mares, Ph.D. ENERGYforum James A. Baker III Institute for Public Policy • Rice University JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY RICE UNIVERSITY LITHIUM IN BOLIVIA: CAN RESOURCE NATIONALISM DELIVER FOR BOLIVIANS AND THE WORLD? BY DAVID R. MARES, PH.D. BAKER INSTITUTE SCHOLAR FOR LATIN AMERICAN ENERGY STUDIES PREPARED BY THE ENERGY FORUM OF THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY AS PART OF THE STUDY “ENERGY MARKET CONSEQUENCES OF AN EMERGING U.S. CARBON MANAGEMENT POLICY” SEPTEMBER 2010 Lithium in Bolivia THESE PAPERS WERE WRITTEN BY A RESEARCHER (OR RESEARCHERS) WHO PARTICIPATED IN THIS BAKER INSTITUTE STUDY. WHEREVER FEASIBLE, THESE PAPERS ARE REVIEWED BY OUTSIDE EXPERTS BEFORE THEY ARE RELEASED. HOWEVER, THE RESEARCH AND THE VIEWS EXPRESSED WITHIN ARE THOSE OF THE INDIVIDUAL RESEARCHER(S) AND DO NOT NECESSARILY REPRESENT THE VIEWS OF THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY OR THE STUDY SPONSORS. © 2010 BY THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY OF RICE UNIVERSITY THIS MATERIAL MAY BE QUOTED OR REPRODUCED WITHOUT PRIOR PERMISSION, PROVIDED APPROPRIATE CREDIT IS GIVEN TO THE AUTHOR AND THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY. 2 Lithium in Bolivia ACKNOWLEDGMENTS The Energy Forum of the James A. Baker III Institute for Public Policy would like to thank ConocoPhillips for their generous support of this research project. The Baker Institute also thanks the Institute for Energy Economics, Japan, and the sponsors of the Baker Institute Energy Forum for their generous support of this study.
    [Show full text]
  • Resource Nationalism Or Energy Abundance?
    RESOURCE NATIONALISM OR ENERGY ABUNDANCE? Presented at the Western Political Science Association April 19, 2014 Seattle, WA DAVID BERNELL Political Science Program School of Public Policy Oregon State University 312 Gilkey Hall 541-737-6281 [email protected] 1 RESOURCE NATIONALISM OR ENERGY ABUNDANCE? Energy security has become a common phrase of late in both the popular and academic literature. Understood, at the very least, as ensuring sufficient supplies of energy at affordable prices, the concept of energy security has become a lens through which the foreign and domestic policies of states can be analyzed. In practice, this idea refers particularly to oil and natural gas, which along with coal, serve as the major energy sources of the global economy. Whether the issue is the response of the West to Russia’s takeover of Crimea, Israel’s production of natural gas in the Eastern Mediterranean, American and EU biofuels policy, or China’s financial commitments to oil-producing states, the element of energy security often enters into the equation. It may or may not be the case that the demand for energy will grow faster than supplies over time, and that a country’s power and global standing seems to be, in part, a function of its control over energy supplies.1 Whether or not these statements prove to be true, to the extent that states prepare for such eventualities, addressing potential resource insufficiencies, the goal of energy security will become more likely to be tied to nationalism, leading to what is termed “resource nationalism.” With respect to global energy supplies, particularly oil, state actions such as jockeying for access to the Arctic, making claims upon uninhabited islands, or bypassing market mechanisms to purchase oil in state-to-state contracts, suggests that the market-based system of energy trading is coming under stress.
    [Show full text]
  • Conflict and Coexistence in the Extractive Industries a Chatham House Report
    Conflict and Coexistence in the Extractive Industries A Chatham House Report Supplementary Online Materials Read more www.chathamhouse.org/conflictandcoexistence www.chathamhouse.org 2 Conflict and Coexistence in the Extractive Industries Contents 1 The Chatham House Arbitration Database (CHAD) 3 Paul Stevens 1.1 Selection of dispute data 3 1.2 Characteristics of disputes that end up in arbitration 4 1.3 Characteristics of the parties involved in arbitrations 7 2 Regional and country case studies 15 2.1 Asia and the Pacific 15 Gareth Price, Rosheen Kabraji, with William MacNamara 2.2 The Middle East and North Africa 25 Paul Stevens 2.3 Russia and Azerbaijan 28 Alex Nice 2.4 Sub-Saharan Africa 31 Alex Vines, Tom Cargill, Markus Weimer and Ben Shepherd 3 International initiatives for improving public and corporate 40 governance in the extractive industries Laura Wellesley and Jaakko Kooroshy 3.1 Promoting transparency in government–company revenue-sharing 40 3.2 Ethical codes of conduct and due diligence for companies 41 and investors 3.3 Promoting supply-chain governance for conflict-sensitive resources 42 1. The Chatham House Arbitration Database (CHAD) Paul Stevens Disputes between host governments and private international oil, gas and mineral companies1 can have several outcomes. They can be settled between the parties informally, lead to international arbitration or result in outright nationalization. Only in the case of international arbitration or nationalization will there be a formal record of such disputes. Thus the Chatham House Arbitration Database (CHAD) cannot be regarded as covering all disputes. This section first explains the nature and limitations of the data collected in CHAD, and explores basic patterns in the data.
    [Show full text]
  • Why Marginality Persists in a Governable Fishery—The Case of New Zealand
    Maritime Studies (2018) 17:285–293 https://doi.org/10.1007/s40152-018-0121-9 ORIGINAL PAPER Why marginality persists in a governable fishery—the case of New Zealand Andrew M. Song1,2 & Hekia Bodwitch3,4 & Joeri Scholtens5 Received: 31 March 2018 /Accepted: 8 October 2018 /Published online: 6 November 2018 # The Author(s) 2018 Abstract This paper examines reproduction of marginality evident in fisheries. Uneven relations are widespread across geogra- phy and scale; between distant water fishing nations and coastal developing countries; between fishers on large-scale trawlers and smaller boats; between local elites and peasant operators; and between boat owners and crews working in poor and slave-like conditions. With inequality and social exclusion being such a pervasive phenomenon, we ask why do these relationships persist? Using governability, developed within the interactive governance approach, as an overarching basis for interpreting this issue, the purpose of this paper is to demonstrate the possibility that marginality is not only a feature of ungovernability but might also occur in a highly governable system. To advance this insight, we apply theoretical tools associated with Marxist-Gramscian political ecology to the case of small-scale fisher exclusion brought on by the implementation of an individual transferable quota system in New Zealand’scommercial fishery. In particular, we identify social and economic relations that give rise to an accentuated capitalist structure whereby the quota-owning sector of the population (e.g., processing companies and Maori tribal organizations) control the ways in which fishers access economic benefits from their labor. Over the years, the quota system has gained acceptance as a resource management strategy, an intervention that is now ideologically hard to break away.
    [Show full text]
  • Resource Nationalism Risk Radar
    Risk Radar & Risk Shifts ISSUE 08 RISK RADAR 2019 RESOURCE NATIONALISM & DEFORESTATION CRISIS & BACKLASH AGAINST MAXIMIZING SHAREHOLDER VALUE Photo by: Joel Vodell (Ubud, Indonesia) Vodell Joel by: Photo RISK RADAR & RISK SHIFTS RISK RADAR / 08 19 03 Photo by: Curioso Photography (Poland) regulatory imposts in the DRC and in Tanzania. Both countries rewrote their mining codes, claiming that the existing regu- 1. Resource nationalism lations unfairly benefited foreign investors at the state’s expense. This tendency of resource nationalism has also reached Zambia, a country bordering both the DRC and Tanzania, and the world’s seventh-largest copper producer, as its govern- Recently, Indonesian president Joko Widodo announced a possible export ban on nickel ore sooner than anticipated ment has gradually been clamping down on private, and particularly foreign, influence in the mining sector. by the market, raising the risk of a tighter supply next year. The original plan was for Indonesia to ban exporting nick- Possible implications: el ore by 2022, as part of the country’s plan to build up its manufacturing base by using the country’s raw resources. Indonesia’s nickel miners association has urged the government not to advance the ban from 2022 and to pursue further “resource nationalism”. • The term “critical” is added to natural resources increasingly often, resulting from growing awareness of global trends, Resource nationalism is the tendency of governments to take greater control of natural resources. This can take the such as population growth, increased consumption, and pollution. As the criticality of resources increases, resource form of government measures such as tax pressures, changing contractual terms and strict regulations of the mining nationalism will further rise globally.
    [Show full text]