The Regulation of Exploitation of Natural Resources through the Doctrine of Corporate Criminal Liability in Contemporary Africa

  • Dr Gift Kweka
  • Director of Coordination and Advisory Services Office of...
Abstract: 

This article is based on the growing change of trend on the doctrine of corporate criminal liability. The author has underlined the changes under the auspices of the African Union which have created a contemporary scope of corporate criminal liability by adhering to the non-derivative mode of corporate criminal liability. The article undertakes an analysis of how the inclusion of other crimes such as economic crimes and cross border crimes under the Malabo Protocol may contribute to widening the scope of crimes and corporate criminal liability at the international level. It also discusses the importance of bridging the impunity gap between natural and artificial legal persons given the fact that corporations may be the direct perpetrators of economic crimes, and that they might be involved in aiding and abetting human rights violations and other related crimes. The author has further analysed the fact that the African regional block has an opportunity to contribute towards the development of different doctrines that influence the development of international law through the Malabo Protocol. The article points out the importance for African countries to maintain the derivative mode of corporate criminal liability, by expanding the list of penalties that can be imposed on artificial legal persons.

Keywords: Corporate criminal liability; natural resources; Africa; crimes; punishment

Volume: 
Speculum Juris Volume 33
Issue : 
Issue 1
Year: 
  • 2019
http://specjuris.ufh.ac.za/sites/default/files/SJ2019-TED%20%20Kweka_pp2%20FINAL.pdf
Article: