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Constitutional Incorporation of the (Collective) Freedom to Govern Mineral Wealth: Comparing the Democratic Republic of the Congo and the Republic of Zambia

Constitutional Incorporation of the (Collective) Freedom to Govern Mineral Wealth: Comparing the... Constitutionalism may be gaining ascendancy in many countries in Africa. Yet thorough investigation of the extent to which current constitutions accord to the people their internationally recognised right to governance of their mineral wealth under Article 1(2) of the ICCPR has been lacking. Understanding the existing framework of rights which may support claims to land and natural resources is important. Constitutions of the Democratic Republic of the Congo and the Republic of Zambia demonstrate the reality of multiple, overlapping land interests and the limitations upon a people's claim to freely govern their mineral wealth. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Constitutional Incorporation of the (Collective) Freedom to Govern Mineral Wealth: Comparing the Democratic Republic of the Congo and the Republic of Zambia

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Publisher
Edinburgh University Press
Copyright
Copyright © Edinburgh University Press
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2020.0299
Publisher site
See Article on Publisher Site

Abstract

Constitutionalism may be gaining ascendancy in many countries in Africa. Yet thorough investigation of the extent to which current constitutions accord to the people their internationally recognised right to governance of their mineral wealth under Article 1(2) of the ICCPR has been lacking. Understanding the existing framework of rights which may support claims to land and natural resources is important. Constitutions of the Democratic Republic of the Congo and the Republic of Zambia demonstrate the reality of multiple, overlapping land interests and the limitations upon a people's claim to freely govern their mineral wealth.

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Feb 1, 2020

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