Dispute settlement and sustainable development of natural resources in Africa

Abstract

To a large extent, the above observation made by the World Bank more than two decades ago in the context of socio- economic development still stands and probably applies with respect to conflicts that threaten sustain able development of the natural resources of most African countries. This chapter argues that inadequate or ineffective (real or perceived) access to justice to those harmed by natural resource exploitation fuels armed conflict in most resource- rich African countries, which in turn threatens sustainable development of the resources. The chapter focuses on the need for future investment treaties and/or natural resources development agree ments in Africa to incorporate key sustainable development principles (such as protection of fundamental human rights and the environment) and to subject these rights to binding international arbitration provision of the treaty or agreement. The chapter suggests that institutionalising good governance through international adjudication of resource- related disputes between host communities and foreign investors/host states is not only desirable but necessary for the sustainable development of such resources in Africa. International adjudication is as important in resolv ing such disputes as it is with respect to disputes between host states and foreign investors.