scholarly journals The European Union and natural resources that fund armed conflicts: Explaining the EU’s policy choice for supply chain due-diligence requirements

2018 ◽  
Vol 54 (3) ◽  
pp. 407-425 ◽  
Author(s):  
Martijn C Vlaskamp
Keyword(s):  
Supply Chain ◽  
Natural Resources ◽  
Policy Design ◽  
Armed Conflicts ◽  
Due Diligence ◽  
The European Union ◽  
Conflict Zones ◽  
Resource Governance ◽  
Conflict Minerals ◽  
The Eu

Natural resources can be an important source of funding for warring parties in armed conflicts. Curbing the trade in these so-called conflict resources is, therefore, part of the European Union’s conflict management policies. The article explores the EU’s policies in this field and asks, specifically, why the EU is using supply chain due-diligence measures to achieve this goal. The author argues that they are the response to enforcement problems of most existing multilateral and unilateral sanction regimes because of state weakness in the targeted regions. This approach results from a broader idea from the EU that transparency can improve resource governance and, therefore, safeguard both its political and economic interests in conflict zones, such as the eastern Democratic Republic of the Congo. However, when the issue becomes specific—as in the EU Conflict Minerals Regulation—translating this idea into concrete policies becomes more contentious as the EU institutions set different priorities for the final policy design.

THE PITFALLS OF UNILATERAL LEGISLATION IN INTERNATIONAL LAW: LESSONS FROM CONFLICT MINERALS LEGISLATION

2020 ◽  
Vol 69 (3) ◽  
pp. 685-717
Author(s):  
Phoebe Okowa
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Civil Disobedience ◽  
The United States ◽  
Conflict Zones ◽  
Human Rights Abuses ◽  
Conflict Minerals ◽  
Meaningful Participation ◽  
The Right ◽  
The Eu

AbstractThis article examines the compatibility of the extraterritorial application of unilateral legislation with the project of international law. Focusing on two instruments, the Dodd-Frank Act passed by the United States Congress and intended to regulate the activities of US listed companies operating in the Congo and the EU conflict minerals legislation, the article challenges their underlying premises that revenues from natural resources perpetuate conflict and resulting human rights abuses. In so far as these instruments make no provision for meaningful participation by the foreign populations which are the objects of legislation, it is argued that there is a tension between these unilateral instruments and the basic premises of law-making in international law as a democratic enterprise centred around governmental representation. By exclusively directing sanctions and other disciplinary measures at rebels, both legislative instruments have the problematic effect of strengthening the exploitation of natural resources by kleptocratic regimes and undermining the right of populations in conflict zones to civil disobedience as an inescapable component of their right of self-determination.

The eu “Conflict Minerals Regulation”: Potentialities and Limits in the Light of the International Standards on Responsible Sourcing

2018 ◽  
Vol 27 (1) ◽  
pp. 235-257 ◽  
Author(s):  
Valentina Grado
Keyword(s):  
Human Rights ◽  
Mineral Resources ◽  
International Standards ◽  
Due Diligence ◽  
Conflict Zones ◽  
Human Rights Abuses ◽  
Conflict Minerals ◽  
Risk Areas ◽  
The Eu ◽  
Responsible Sourcing

Business enterprises involved in the exploitation of mineral resources originating from conflict zones are at risk of financing armed activities and fuelling systematic violations of international law and human rights abuses. This article first analyses the initiatives developed by the UN and OECD aimed at encouraging companies to respect human rights and avoid contributing to conflict by adopting “supply chain due diligence” practices. Second, it focuses on a recent Regulation adopted by the EU to tackle trade in certain minerals sourced from conflict-affected and high-risk areas in order to highlight its main positive aspects and challenges and, at the same time, to ascertain whether and to what extent this new legislation is consistent with the UN/OECD international standards on responsible sourcing.

scholarly journals Trade in Conflict Minerals -- Congolese Warlords, MNC’s, and Dodd-Frank 1502

Perceptions ◽  
2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Ankit Deshmukh
Keyword(s):  
Supply Chain ◽  
Multinational Corporations ◽  
Primary Source ◽  
Market Prices ◽  
News Sources ◽  
Conflict Minerals ◽  
The Us ◽  
Face Threats ◽  
Using Data ◽  
The Eu

This paper seeks to provide an overview of conflict mineral trade by analyzing it through an economic lens. Using data gathered from news sources, the memo first defines the term “conflict minerals” and identifies that the primary actors involved in the conflict mineral market are rebel militia groups and multinational corporations. The trade is mutually beneficial for these actors as it serves as the primary source of revenue for militia groups and allows multinational corporations to buy minerals at low costs. The memo also highlights the struggles legitimate Congolese miners face, as they face threats from militia groups and low market prices Also identified is Section 1502 of the Dodd Frank act, legislation which forces multinational corporations to list their mineral suppliers, thereby increasing supply chain transparency. While implemented with good intentions, it is extremely unsuccessful in stifling the conflict mineral trade as it lacks substantive regulatory measures. Furthermore, the EU and US plan to implement opposing conflict mineral trade policies — the EU looks to increase supply chain transparency while the US looks to repeal Section 1502 of Dodd Frank (an action which would decrease supply chain transparency). This paper believes that coordinated and homogenous action on the part of both federal governments and IGOs is necessary in order to concretely enforce restrictions on conflict mineral trade.

scholarly journals The potentials for Political and Economic Development of Kosovo

2013 ◽  
Vol 3 (2) ◽  
pp. 319
Author(s):  
MSc. Ngadhnjim Brovina ◽  
MSc. Adnan Hoxha
Keyword(s):  
Economic Growth ◽  
Natural Resources ◽  
The European Union ◽  
Economic Sectors ◽  
Public Companies ◽  
Association Agreement ◽  
The Public ◽  
Political Status ◽  
Political Economic ◽  
The Eu

It is rather clear that it is mandatory to understand the potentials of growth for any economy to grow. With globalization taking place, countries in general, have intensified their political, economic and social integration. Kosovo, as the youngest state in Europe, is about to transform from a devastated economy into a developing one. It has not yet been able to tap on its natural resources and neither of its potentials for a faster economic growth. Its backbone economic sectors such as agriculture, textile, mining and metal sectors are still on their initial stages of revitalization, while the privatization of the public companies has not met its expectations.Whereas, Kosovo is doing a better job on, as its international presence and subjectivity of its political status (Independence) is strengthened. More and more countries are recognizing it as a sovereign country, while the recent initiation of the Stabilization and Association Agreement with the European Union, Kosovo is undergoing through its structural reforms and alliance with the EU standards and regulations.The future of Kosovo, like of any country, will depend on the way that its human, financial and natural resources are utilized. On this regard, this paper is an attempt to explore the potentials of the economic growth on different political contexts that Kosovo has and is expected to undergo.

Multilevel hardening in progress – Transition from soft towards hard regulation of CSR in the EU

2020 ◽  
pp. 1023263X2095837
Author(s):  
Tamás Szabados
Keyword(s):  
Financial Reporting ◽  
Intermediate Stage ◽  
Due Diligence ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Corporate Social ◽  
The Impact ◽  
Human Rights Due Diligence ◽  
The Eu

Corporate social responsibility (CSR) is gradually undergoing multilevel transformation in the European Union (EU). Hardening of the initially voluntary CSR approach of the EU is progressively taking place in an interaction between the law of the Member States and EU law. Domestic solutions can serve as a model for EU legislation. In this progress, the Non-Financial Reporting Directive, granting considerable flexibility both to companies and the Member States, can indeed be seen as an intermediate stage and it is expected that, under the impact of human rights due diligence requirements recently imposed on companies by Member States, more substantive obligations will also be introduced at an EU level in the future.

scholarly journals Meandry norweskiej europejskości

2016 ◽  
Vol 2 ◽  
pp. 149-165
Author(s):  
Joanna Grzela
Keyword(s):  
European Union ◽  
Natural Resources ◽  
Trading Partner ◽  
The European Union ◽  
Eu Policies ◽  
The Eu

Norwegia jest częścią Europy, nie tylko geograficznie, ale również pod względem historycznym, finansowym i kulturowym. Unia Europejska jest najważniejszym partnerem handlowym tego państwa, a polityka UE ma wpływ na wiele sektorów życia norweskiego. Pomimo to Norwegowie dwukrotnie w referendum odrzucili członkostwo w Unii Europejskiej. Jest wiele powodów tej decyzji. Wśród nich najczęściej podkreślane — gospodarczy. Norwegowie nie chcą dzielić się zyskiem z połowu ryb, a tym bardziej surowcami naturalnymi. Ich gospodarka jest zdrowa i dobrze prosperuje, nie będąc częścią Unii Europejskiej. Norweska nieobecność w UE jest więc niczym innym, jak instynktem samozachowawczym, a eurosceptycyzm Norwegów jest oparty na przywiązaniu do autonomii.Meanders of Norwegian EuropeanismNorway is a part of Europe, not only geographically, but historically, financially and culturally. The European Union is the main trading partner of that country, and EU policies have an impact on many sectors of Norwegian life. Despite this, the Norwegians twice in a referendum rejected membership in the European Union. There are many reasons for this decision. Among them, the most stressed — economic reasons. Norwegians do not want to share profits from fishing, and, what is more, the extraction of natural resources. Norwegian economy is healthy and prospers well without being part of the European Union. Norwegian absence in the EU is therefore nothing other than self-preservation and Norwegians Euroscepticism is based on a commitment to autonomy.

scholarly journals Absolute vs. Intensity-based Caps for Carbon Emissions Target Setting

2016 ◽  
Vol 7 (4) ◽  
pp. 764-781 ◽  
Author(s):  
Yingying Zeng ◽  
Stefan E. Weishaar ◽  
Oscar Couwenberg
Keyword(s):  
Policy Design ◽  
Policy Implications ◽  
Eu Ets ◽  
The European Union ◽  
Trading System ◽  
Target Setting ◽  
Better Regulation ◽  
Environmental Effectiveness ◽  
Legal Barriers ◽  
The Eu

AbstractLinking the European Union Emissions Trading System (EU ETS) to the Chinese national ETS promises considerable economic and political benefits. However, different policy choices regarding cap setting between the systems are likely to impede a potential linking. A striking distinction is that the EU ETS relies upon an absolute cap, while the Chinese national ETS appears to apply an ‘intensity-based cap’ during the early stages. The current linking literature focuses on mapping legal barriers in general and has not yet focused on EU and China, let alone the intricacies of policy design. This article seeks to fill this gap by concentrating on (static and dynamic) efficiency and environmental effectiveness implications of linking and cap design. From the analysis of the cap we derive policy implications for a hypothetical ETS linking between the EU and China. In response, comprehensive and predictable regulation is needed to ensure the attainment of ETS targets and thus facilitate better regulation.

The Effectiveness of Europe’s Economic and ‘Soft’ Power Instruments in its Relations with the State of Israel

2005 ◽  
Vol 7 ◽  
pp. 161-188
Author(s):  
Guy Harpaz
Keyword(s):  
Soft Power ◽  
Armed Conflicts ◽  
The European Union ◽  
Perpetual Peace ◽  
Human Happiness ◽  
The World ◽  
Protection Of Human Rights ◽  
History Of ◽  
State Of Israel ◽  
The Eu

The european integration programme is a unique and ambitious attempt on the part of numerous nations, with a long history of armed conflicts and diverse cultural, linguistic, legal and economic traditions, to become integrated under a ‘new legal order’. Indeed, the European Union (‘EU’) can look back with much satisfaction on its record of transforming a large part of Europe, once afflicted by wars, nationalist divisions, Nazism and Fascism, into a region where peace, political moderation and protection of human rights prevail. Now, the EU wishes to externalise its success. As Robert Kagan has argued inPower and Weakness, ‘the transmission of the European miracle to the rest of the world has become Europe’s newmission civilisatrice. Just as Americans have always believed that they had discovered the secret to human happiness and wished to export it to the rest of the world, so the Europeans have a new mission born of their own discovery of perpetual peace’.

scholarly journals An Unintended Legacy: The External Policy Responses of the USA and European Union to Conflict Minerals in Africa

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 50
Author(s):  
Michael Addaney ◽  
Emma Charlene Lubaale
Keyword(s):  
European Union ◽  
Human Rights ◽  
Natural Resources ◽  
Common Knowledge ◽  
Unintended Consequences ◽  
Fundamental Rights ◽  
Business Practices ◽  
The European Union ◽  
Conflict Minerals ◽  
Protection Of Human Rights

Competition over environmental and natural resources characteristically lies at the heart of armed conflicts in Africa. It is also common knowledge that some companies dealing in products such as laptops, smart phones, and jewellery import minerals from conflict-affected areas, thereby indirectly fuelling conflicts in these areas or undermining human rights. For a continent endowed with natural resources including minerals, Africa has suffered the brunt of this predicament. This state of affairs has lent impetus to the adoption of several regulations geared towards curbing irresponsible business practices by companies relying on such minerals, the goal being, amongst others, to guarantee the protection of human rights. In May 2017, the European Union adopted regulations intended to stop the importation of conflict minerals in Europe, debatably making giant strides in the direction of the protection of human rights. These regulations are to come into force in 2021. However, can these regulations advance the much-desired goal of the protection of human rights in Africa on issues pertaining to conflict minerals? By analyzing the 2017 EU regulations in light of previous regulations of a similar nature, the paper concludes that the said regulations constitute a weak normative framework and could in fact have unintended consequences on the fundamental rights of civilians in natural resource-rich conflict areas of Africa.

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