South Africa I

Nokuhle Madolo-Mtegha ()
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Nokuhle Madolo-Mtegha: Magma Inc Attorneys

Chapter Chapter 5 in Mining Law and Economic Policy, 2022, pp 75-91 from Springer

Abstract: Abstract This chapter discusses the concept of permanent sovereignty over natural resources as a principle of international law and its interrelationship between resource sovereignty, the right to development of mineral resources by states and the rights of indigenous people against the infringements of indigenous people’s economic and property rights in regard to land. The chapter further identifies duties that emanates from the principle. These include the need for governments to respect the rights of indigenous peoples and ensure effective consultation of all stakeholders if ‘success’ is to be achieved in mineral investment projects. To illustrate the competing nature of the principle with other inalienable rights and to further show the contestations within the principle and national law, this chapter uses South Africa as a case study.

Keywords: Permanent sovereignty; Natural resources; Communities; Indigenous peoples; Public consultation (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-031-07048-8_5

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DOI: 10.1007/978-3-031-07048-8_5

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