The Relevancy of Permanent Sovereignty Over Natural Resources Vis A Vis States Obligation Under Bilateral Investment Treaties in Tanzania
This study examines the effective co-existence between the principles of PSNR in relation to BITs. The problem addressed by this study is ineffectiveness of the legal framework governing the PSNR, as well the legal status, recognition and enforcement of BITs in Tanzania. Moreover, the study opts to analyse the legal factor affecting effective coexistence between PSNR and BITs in Tanzania.
The study being a qualitative research, it employs a number of methods such as documentary review, interview and questionnaire as methods of data collection. The methods provided the potential information’s to the main objective of the study focuses on examination of relevancy of PSNR vis a vis state obligation under BITs in Tanzania.
The study detects that, the law governing PSNR is not strong enough to ensure the existing BITs to effectively execute in Tanzania without breach the sovereignty over natural resources. This is due to that there is unclear legal position when it comes to practice aspects on the status of BITs in Tanzania as to the question does the BITs stands as the first law when it comes to conflict arise in extractive industries.
Further, the study discussed the legal factors which pave ways to ineffective co existing of the PSNR in relation to BITs in Tanzania this factors includes lacuna in laws, corruption, poor policy, and lack of majority involvements. The study suggests measures towards making effective co-existence of both PSNR and BITs by suggest different approaches such as amendment of laws, creation new policy’s, accountability of government officers.
