The luango river case essay

The Republic of Nbdele has launched the creation of a major bauxite mining and processing industry. To provide energy for this industry, Ndebele has hired Dutch corporation Bello Nedam to construct a hydro-electric dam. Across the two countries lives the Ido minority indigenous population, who are protesting against the continuation of construction of this dam as a research conducted on the matter proved that the dam will impede their subsistence agriculture by reducing the water flow of the river. Nevertheless, the government of Ndebele has decided to continue with the construction of the dam, thereby fostering increased discontentment within the Ido and the Shaunian population, who have decided to present the case before the Maastricht Panel of Arbitration.

The luango river case essay

Order now Nevertheless, the government of Ndebele has decided to continue with the construction of the dam, thereby fostering increased discontentment within the Ido and the Shaunian population, who have decided to present the case before the Maastricht Panel of Arbitration.

This paper will argue that Bello Nedam is not to be held liable for the alleged violation involved in the construction of the dam. The role that Bello Nedam plays in this present situation can otherwise be seen as a question of The luango river case essay personality of Multinational Enterprises.

This question has been highly controversial, as two models of international law exist today. The classic model argues that only states are awarded legal personality, as recognition is the only mechanism to obtain international rights through, inter alia, customary law derived from membership of the United Nations1.

The modern international law model is argued by scholars such as Wolfgang Friedman, who suggests to include private corporations as participants of international law due to their increasing impact in this evolution of globalization2.

Nevertheless, the modern international law model has not evolved to such an extent that it has gained legal effect. Thus, legal personality is exclusively restricted to the states Shauna and Ndebele, who are obliged to implement international conventions into their domestic law once they have ratified it3.

River Thames and River Congo In Case Studies Contrasts and comparisons are significant strategies that the author uses to pass his feelings and thoughts about an event or a situation. Jul 12,  · The situation of the Luango River case involves a dispute between the Republic of Ndebele and the Kingdom of Shauna over the transboundary water supply of the Luango River. The Republic of Nbdele has launched the creation of a major bauxite mining and processing industry. The situation of the Luango River case involves a dispute between the Republic of Ndebele and the Kingdom of Shauna over the transboundary water supply of the Luango River. The Republic of Nbdele has launched the creation of a major bauxite mining and processing industry.

Its most important article for the scope of this case is article 14 1which speaks of the recognized rights of ownership and possession that the indigenous people conserve over the lands that they traditionally occupy.

Furthermore, this article emphasizes on the important right that the indigenous people conserve use over lands that are not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities4.

Since the Republic of Ndebele has ratified the International Labor Organization Conventionit is under the obligation of article to implement its provisions in its domestic law. This leads to two possible outcomes which could explain the present situation: either Ndebele has not yet implemented the convention in its domestic law, or it is breaching its own municipal laws.

Therefore, a clear breach of International law is present on the behalf of the Ndebele state liability. However, although the actions that the corporation took are a breach of international law, Bello Nedam is not to be held liable for its actions because it was under the instruction of the state.

Having been hired by the state itself to conduct an operation, one can assuringly affirm that the corporation was acting under state instruction.

Although the convention has no legally binding authority on this present situation since it was not signed by Ndebele, it can still be argued that its content has become part of customary law. Customary law can hereby be proven through opinio juris as the convention is a General Assembly Resolution.

Since Ndebele is a member of the United Nations, resolutions adopted by the organization are to be considered as customary law on its member states. Therefore article 8 has an immense impact on the present situation, clearly stating that by no means should Bello Nedam hold any responsibility, since it is merely conducting an operation that it was hired and paid to take out.

Nevertheless, Bello Nedam in fact conserves some portion of responsibility in this case, as even though it was under the instruction of the state it could have refused to take out operations that violated the rights of an innocent indigenous population.

However, this responsibility is not of legal order, rather of a moral one, known under the concept Corporate Social Responsibility. The incentives of the corporations are essentially based on influence, wanting to maintain accountability to the public and shareholder demand.

The Luango River Case - Words | Bartleby

Although it may appear to be of little value, CSR in fact plays a very influential role in corporate international law. This concept involves the theory that using soft law will have the potential to create new customary international obligations, thereby holding companies liable under hard law in the near future Clearly, Luango river case cannot be categorized as jus cogens as none of these previous situations are hereby present.

Therefore, it is incorrect to assert that Bello Nedam is by no means restricted by any sort of obligation. In this present case, one could argue that although Bello Nedam may not be held liable under legal authority, its reputation could be significantly sullied through Corporate Social Responsibility.

It further expresses the need to attain optimal and sustainable utilization of watercourses. This convention has not been signed by the Ndebele Republic, therefore maintains no direct authority over it, but its content essentially involves the general principle of equity, which conserves authority over all states.

The luango river case essay

In this present case, Shauna and the Ido conserve no proof that the dam is built in an inequitable manner. The construction of the dam will in effect result in a weaker flow of the watercourse, but this will not affect the actual quantity of water reaching the indigenous population or the neighboring country.

Furthermore, the dam is neither causing environmental hazard, nor breaching Environmental law, which underlines the importance of sustainable development Therefore, the only apparent effect on the Idos is that they may have to wait a little longer to obtain the amount of water needed for their subsistence agriculture.Where it is located.

The River Rhine is located in Europe. It flows through countries such as the Netherlands, France and Germany. Its source is in the Swiss Alps and its mouth is at the North Sea. Rhine Flooding Case Study Essay - Rhine Flooding Case Study Introduction: The River Rhine is one of Europe's largest and most used waterways.

The source of this great river can be found in the Swiss Alps, where it stretches 1,km until it flows out into the Dutch North Sea. The situation of the Luango River case involves a dispute between the Republic of Ndebele and the Kingdom of Shauna over the transboundary water supply of the Luango River.

The Republic of Nbdele has launched the creation of a major bauxite mining and processing industry. The Luango River Case Words | 10 Pages The situation of the Luango River case involves a dispute between the Republic of Ndebele and the Kingdom of Shauna over the transboundary water supply of the Luango River.

Charles River Bridge Case The bridge was immediately successful and immensely profitable. Prompted by its popularity, the Massachusetts Legislature in chartered the building of a second bridge, known as the West Boston Bridge 3 / democracy democracy brought more power to common citizens, and engendered ideals of wide spread liberty.

Jul 12,  · The situation of the Luango River case involves a dispute between the Republic of Ndebele and the Kingdom of Shauna over the transboundary water supply of the Luango River. The Republic of Nbdele has launched the creation of a major bauxite mining and processing industry.

Trinity River Authority: A Case Study - Words | Bartleby