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Proposing the Bonding Requirements for Investment in Africa: A Tripartite Solution for the Environmental Protection

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  • Liu Deming

    (University of Newcastle upon Tyne)

Abstract

African countries do not have an effective legal framework to address the environmental damage that would be caused by the mining activities and oil exploitation of the transnational corporations. To resolve the issue, the paper proposes the modified bonding requirements under a tripartite agreement whereby the corporations’ home governments are involved. Conducting the discussion in the context of the Chinese investment in Africa and the environmental concerns that arise, the paper shows that such a scheme offers many advantages over the conventional bonding requirements and that it benefits both the local and the Chinese governments. Further, it proposes that the scheme should be made mandatory for any investors and governments in respect of their investments in the mining and oil industries in Africa.

Suggested Citation

  • Liu Deming, 2012. "Proposing the Bonding Requirements for Investment in Africa: A Tripartite Solution for the Environmental Protection," The Law and Development Review, De Gruyter, vol. 5(2), pages 128-154, December.
    • Handle: RePEc:bpj:lawdev:v:5:y:2012:i:2:p:128-154:n:1
    DOI: 10.1515/1943-3867.1147
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    References listed on IDEAS

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    1. William D. Nordhaus & Joseph G. Boyer, 1999. "Requiem for Kyoto: An Economic Analysis of the Kyoto Protocol," The Energy Journal, International Association for Energy Economics, vol. 0(Special I), pages 93-130.
    2. Tomislav Vukina, 2003. "The Relationship between Contracting and Livestock Waste Pollution," Review of Agricultural Economics, Agricultural and Applied Economics Association, vol. 25(1), pages 66-88.
    3. Boyd, James, 2001. "Financial Responsibility for Environmental Obligations: Are Bonding and Assurance Rules Fulfilling Their Promise?," RFF Working Paper Series dp-01-42, Resources for the Future.
    4. HOLMSTROM, Bengt, 1979. "Moral hazard and observability," LIDAM Reprints CORE 379, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
    5. Jing Gu, 2009. "China's Private Enterprises in Africa and the Implications for African Development," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 21(4), pages 570-587, September.
    6. Hua Wang & Yanhong Jin, 2007. "Industrial Ownership and Environmental Performance: Evidence from China," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 36(3), pages 255-273, March.
    7. Bengt Holmstrom, 1979. "Moral Hazard and Observability," Bell Journal of Economics, The RAND Corporation, vol. 10(1), pages 74-91, Spring.
    8. Raphael Kaplinsky & Mike Morris, 2009. "Chinese FDI in Sub-Saharan Africa: Engaging with Large Dragons," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 21(4), pages 551-569, September.
    9. Boyd, James, 2001. "Financial Responsibility for Environmental Obligations: Are Bonding and Assurance Rules Fulfilling Their Promise?," Discussion Papers 10809, Resources for the Future.
    10. Boyd, James & Kunreuther, Howard, 1997. "Retroactive Liability or the Public Purse?," Journal of Regulatory Economics, Springer, vol. 11(1), pages 79-90, January.
    Full references (including those not matched with items on IDEAS)

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