市民法科学ジャーナル

抽象的な

When Confidentiality in International Commercial Arbitration (Ica) is not Salutary: African Perspectives on Transparency

Mbuya Ngungwa Tezzeta

Transnational human rights litigation against extractive companies involves cases of environmental degradation in the Global South with increasing frequency. Recent cases in the Niger Delta have shed light on some of the gaps in domestic and global governance. The inclusion of ecocide in the Rome Statute as proposed by the IEP provides a welcome response to fill this legal void. However, several questions critical for the adoption of a strong framework remain unanswered. While the overall thesis of this paper endorses the classification of ecocide as an international crime, by focusing on the opportunities and challenges presented by the definition proposed by the IEP, it attempts to examine how the regime needs to be reinforced in light of the Niger Delta case.