Target 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development... Show moreTarget 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development. Nevertheless, the inherent vagueness of the notions of transparency and accountability poses difficulties for achieving the target. This is why this article examines how these notions have been conceptualized in international legal discourse and applied in practice. It does so within the context of the trade in natural resources that finance armed conflict, which is considered detrimental to the development opportunities of developing countries. The article examines how two of the most important initiatives in this field, namely the Kimberley Process for the Certification of Rough Diamonds and the oecd Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-affected and High-risk Areas, operationalize transparency and accountability. It posits that both initiatives fall short of establishing full accountability. However, notwithstanding their flaws and limitations, they make a valuable contribution to achieving target 16.6. Show less
Article 28A(1)(13) of the Protocol to the Statute of the African Court of Justice and Human Rights lists ‘Illicit exploitation of natural resources’ as a criminal offence within the Court’s... Show moreArticle 28A(1)(13) of the Protocol to the Statute of the African Court of Justice and Human Rights lists ‘Illicit exploitation of natural resources’ as a criminal offence within the Court’s jurisdiction. In conjunction with the new mandate of the African Court, which includes the exercise of jurisdiction over corporations for the first time in an international treaty, the prohibition of ‘illicit exploitation of natural resources’ creates an offence with especially sharp teeth, for businesspeople, their corporations, military actors and politicians. The crime constitutes an important innovation in international law, since it offers a distinct legal basis for prosecution of a wider array of acts covered by the war crime of pillage. Nonetheless, it also comes with a set of major limitations, not the least of which is its great vagueness. This chapter offers a critical doctrinal overview of the seven sub-offences that fall within the wider banner of this new crime of Illicit Exploitation, simultaneously pointing to a range of interpretative possibilities that might accord with recent thinking about the relationship between law and resource predation. Show less
Target 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development... Show moreTarget 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development. Nevertheless, the inherent vagueness of the notions of transparency and accountability poses difficulties for achieving the target. This is why this article examines how these notions have been conceptualized in international legal discourse and applied in practice. It does so within the context of the trade in natural resources that finance armed conflict, which is considered detrimental to the development opportunities of developing countries. The article examines how two of the most important initiatives in this field, namely the Kimberley Process for the Certification of Rough Diamonds and the oecd Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-affected and High-risk Areas, operationalize transparency and accountability. It posits that both initiatives fall short of establishing full accountability. However, notwithstanding their flaws and limitations, they make a valuable contribution to achieving target 16.6. Show less
Target 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development... Show moreTarget 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development. Nevertheless, the inherent vagueness of the notions of transparency and accountability poses difficulties for achieving the target. This is why this article examines how these notions have been conceptualized in international legal discourse and applied in practice. It does so within the context of the trade in natural resources that finance armed conflict, which is considered detrimental to the development opportunities of developing countries. The article examines how two of the most important initiatives in this field, namely the Kimberley Process for the Certification of Rough Diamonds and the oecd Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-affected and High-risk Areas, operationalize transparency and accountability. It posits that both initiatives fall short of establishing full accountability. However, notwithstanding their flaws and limitations, they make a valuable contribution to achieving target 16.6. Show less
Dit hoofdstuk gaat in op de verschillende initiatieven die op internationaal niveau zijn ontwikkeld om de handel in conflictgrondstoffen tegen te gaan. Hierbij zal worden toegespitst op het... Show moreDit hoofdstuk gaat in op de verschillende initiatieven die op internationaal niveau zijn ontwikkeld om de handel in conflictgrondstoffen tegen te gaan. Hierbij zal worden toegespitst op het Afrikaanse Grote Merengebied, waar enkele van de belangrijkste mineralen voor de elektronische industrie vandaan komen. Show less
