La Réparation des Dommages Causés Aux Détenteurs des Droits Fonciers du Fait des Exploitations Minieres: Réflexion à Partir de Textes Camerounais

by | Oct 9, 2019 | JCLA, JCLA V3 I1 2016

La Réparation des Dommages Causés Aux Détenteurs des Droits Fonciers du Fait des Exploitations Minieres: Réflexion à Partir de Textes Camerounais

Authors Jules Goudem

ISSN: 2521-2605
Affiliations: Docteur de 3e cycle et Docteur/Ph.D. en droit privé, Chargé de cours, Université de Yaoundé II (Cameroun)
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 48 – 81

Abstract

Mining is one sector where the national legislator legislated early. Despite the fact that mines are considered priority areas as factors for development, the problem of taking into account the rights of landowners within the mining areas remains critical. This article shows that compensation for damages suffered by land rights holders due to mining activities is inadequate with respect to certain foreign experiences, in particular the Canadian one. On the other hand, compensation for damages of the same kind suffered by those who have been expropriated is sometimes appropriate. However, this is not the case for mining operations that have not been preceded by expropriation or incorporation. The law recognises the right to significant compensation for victims, even if judicial guarantees may be subject to uncertainty, which the next reforms should eliminate.

Agenda for Intra-African Economic Development: Business-Legal Frameworks, Enablers and Impediments

by | Oct 9, 2019 | JCLA, JCLA V3 I1 2016

Agenda for Intra-African Economic Development: Business-Legal Frameworks, Enablers and Impediments

Authors Olawale Ajai

ISSN: 2521-2605
Affiliations: Professor of Legal, Social and Political Environment of Business, Lagos Business School, Pan Atlantic University, Lagos, Nigeria
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 1 – 47

Abstract

Africa, once described as the ‘Dark Continent’, is now regarded as the next frontier for the internationalisation of developed and emerging market multinational corporations (MNCs) and small and medium enterprises (SMEs). Although viewed as a continent with burnished democracies, there is no doubt that a resurgent Africa, with a combined middle class of 600 million people and a raft of the fastest growing economies in the world, presents immense economic opportunities. In recent times there has been a noticeable trend in the internationalisation of African firms into Africa. With the repositioning of African political and economic cooperation, and emphasis on economic cooperation, intra-African-led economic development seems more plausible. Conversely, there are still xenophobic tendencies and trade barriers that bedevil intra-African trade and commerce. The differences in laws, legal culture and other institutional voids, in addition to constrained political and country business environmental factors, appear to be serious impediments. This paper undertakes a fairly extensive cross-disciplinary literature review and investigates the scope of the existing legal and business environments for intra-African business, with a view to identifying the key enabling and constraining factors and institutions. It highlights key areas and strategies for legal and institutional reforms and for further business-legal research.