The principle of permanent sovereignty over natural resources: its application in regulating the mineral sector in Tanzania

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Date
2013
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Publisher
University of Dar es Salaam
Abstract
This thesis examines the application of the principle of Permanent Sovereignty over Natural Resources (PSNR) in regulating the mineral sector in Tanzania. This principle was developed following complaints from resource-owning developing countries about inequitable arrangements for exploitation of their resources with resource-seeking developed countries. In its formulation the principle addressed this concern by espousing four rights to resource-owning countries, namely: the right to assert ownership of their resources; the right to manage and control the exploitation of their resources; the right to exploit their resources; and the right to benefit from the exploitation of their resources. Tanzania is endowed with a wealth of mineral resources, and is party to various treaties that embed the principle. However, its people are unhappy and discontented over the way these resources are being exploited. Thus, while employing mainly qualitative methods of research and taking a legal focus, this study sought to find out as to how Tanzania has applied the principle of PSNR in regulating its mineral sector. The findings of this study show that Tanzania has pursued mainly a resource-liberalism approach in applying the principle of PSNR to its mineral sector. This approach has negatively affected the country’s authority: to manage and control the exploitation of its mineral resources; to get the country and its people fully involved in exploiting their mineral resources; and to get maximum benefits from the exploitation of those resources. The thesis recommends that, Tanzania needs to address issues of capacity, technology and capital in its mineral sector, in order to enjoy full sovereignty over its mineral resources. However, these endeavours must be accompanied with spirit of patriotism and strong political will.
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Keywords
Sovereignty, Natural resources, International business enterprises, Law and legislation, Tanzania
Citation
Kilangi, A.L.(2013). The principle of permanent sovereignty over natural resources: its application in regulating the mineral sector in Tanzania. Doctor dissertation, University of Dar es Salaam, Available at (http://41.86.178.3/internetserver3.1.2/search.aspx?formtype=advanced)
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