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Periodical article |
Title: | Les instruments juridiques nationaux, régionaux et internationaux applicables au Burundi, en République démocratique du Congo et au Rwanda en matière de lutte contre l'exploitation des ressources naturelles: un cadre clair, adapté et harmonisé? |
Author: | Ngenzebuhoro, Lazare |
Year: | 2022 |
Periodical: | KAS African Law Study Library (ISSN 2363-6262) |
Volume: | 9 |
Issue: | 3 |
Pages: | 281-293 |
Language: | French |
Geographic terms: | Burundi Congo (Democratic Republic of) Rwanda |
Subject: | law |
External link: | https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2022-3-281 |
Abstract: | This paper analyzes the legal framework applicable in the Democratic Republic of Congo, Rwanda and Burundi in the area of fighting against the illegal natural resources exploitation. the study consists first of all in the analysis of international legal instruments relating to the exploitation of natural resources. the principle of the permanent sovereignty of states over natural resources is recognized in international law. other texts governing the exploitation of natural resources have also been adopted. but often of them do not have binding legal value. the analysis then focuses on the analysis of legal instruments at the regional level. the protocol on the fight against the illegal exploitation of natural resources adopted by the member states of the international conference on the great lakes region is clear. once effectively implemented, it would make it possible to effectively fight against illegal natural resources exploitation. finally, we analyzed the state of play of the harmonization of the legislation of the three countries in relation to the fight against the illegal exploitation of natural resources. this harmonization is absent although there are legal instruments that could serve as its legal basis. this lack of harmonization negatively affect the fight against illegal natural resources exploitation. |