Posts by Philip Duguay

Philip Duguay will receive his LL.B.-B.C.L. in June 2011. He has worked on CIDA funded projects in Senegal, Ethiopia and Indonesia, and spent most of 2010 in South Africa, studying human security at the University of Cape Town and working as an adviser to the African Wind Energy Association. He is interested in environmental and energy law, as well as state security topics and corporate social responsibility matters.

A Primer to Economic Regional Integration in Africa

“Africa could rightly be described as the major theatre of contemporary cases of shared sovereignty.”[1]

It is the hope of many African leaders that greater cohesion in African trade will lead to more firm patterns of national development. Formalizing the international trade sector within Africa could lead to greater national tax revenues, a freer exchange of ideas, labour and technology across borders, the stabilization of regional agricultural and natural resource markets, and greater cooperation over shared infrastructure projects such as the creation of highways, waterways development, and even the deployment of green technology such as wind energy projects.[2]

While more flamboyant African leaders such as Muammar Gaddafi stress the need for pan-African unity (Gaddafi even calling for a United States of Africa), smaller regional unification bodies are already active. Most Westerners might be surprised that much of West Africa, the nations of the Economic Community of West African States (ECOWAS), already has a unified currency between fifteen nations. Since its creation by treaty in 1993, ECOWAS trade commissioners from a diverse array of fields attempt to integrate trans-national policies on social affairs, water resources, energy, and security matters. Just as NATO intervenes in foreign conflicts, when civil unrest unfolds in member states, such as recently in Guinea, ECOWAS applies strong diplomatic and military pressure to uphold the rule of law.

The East African Community…

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Bill C-300 – A National Law with International Ramifications

Scarborough-Guildwood Liberal MP John McKay has introduced a private members bill to Parliament that has been stirring up controversy in the global mining and natural resource sector. Bill C-300 asks mining companies that seek financing from Canadian markets to disclose to Export Development Canada (EDC) a wide array of information having to do with their human rights practices, labour standards, and environmental policies. If they fail to meet this requirement, or if their standards do not conform with pre-established norms, these companies will not be eligible to receive public pension plan investment dollars and other public monies from EDC. Perhaps this does not sound like a major deal, but 85% of international extractive projects seek financing at the Vancouver and Toronto stock exchanges. This is a case where a domestic law could have a very international reach.

McKay has brought the bill forward in the hopes that it will alter what he sees as an inexcusable state of affairs concerning the global mining industry’s effects on the populations of developing nations.[1] Detractors of the bill note that the extractive sector of Canada has already enacted very stringent Corporate Social Responsibility (CSR) guidelines after the National Roundtables on Corporate Social Responsibility of 2006. For them, more regulation simply re-invents the wheel.[2]

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Islamic Hardliners Rattle Their Sabres in Aceh, Indonesia and the West Listens Attentively

Recent reports of the legislative passing of hardline Islamic laws in the Aceh province of Indonesia, including the punishment of stoning for adultery, have unnerved Western observers who believe that basic human rights will be ignored under such a system. While the laws are severely flawed, a closer look at Acehnese and Indonesian political and legal structures reveals that such strict punishments under the system are legally impossible to achieve.

Indonesia is a country of over 230 million people, spread out amongst 17,000 islands and islets along an archipelago that stretches for more than 5,000 kilometres. The province of Aceh, lying at the archipelago’s most westward tip, is itself a diverse region, where some fifteen languages are spoken, and where, for the better part of 150 years, conflict and outright war have been the norm.

Islam came to Aceh in the 9th century. It has long been a unifying force throughout the country, but the Acehnese people in particular focus on Islam as a defining characteristic of their identity. As such, the creation of a system of Islamic law (Syariah in Bahasa-Indonesia) was a central factor of the peace plan agreed to by the Acehnese liberation group Gerakan Aceh Merdeka (GAM). However, it must be noted here that GAM was a purely secular movement, and that the achievement of Syariah was just one of many negotiation goals –…

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