Regional and International Mechanisms Influencing Alternative Dispute Resolution in Tanzania's Mining Sector
Year: 2024
Type: article
Abstract: This article examines how regional, international, and domestic legal frameworks shape Alternative Dispute Resolution (ADR) practices in Tanzania’s mining sector. It situates ADR within Tanzania’s legal system and assesses the extent to which instruments such as the East African Community (EAC) Treaty, the Southern African Development Community (SADC) Protocol on Finance and Investment, the International Centre for Settlement of Investment Disputes (ICSID) Convention, the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, and the New York Convention influenced the use of ADR in the mining industry. The study further analyses how these instruments have influenced key national laws, including the Arbitration Act, the Tanzania Investment Act, and the Mining Act, all of which incorporate ADR mechanisms. The article finds that Tanzania has made progress in aligning domestic legislation with regional and international ADR standards but faces challenges in harmonization, institutional capacity, and enforcement.
Author: Mdanku, Jamillah Juma
Institution: Tumaini University
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7094949842
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