Regional and International Mechanisms Influencing Alternative Dispute Resolution in Tanzania's Mining Sector

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.

Institutions

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-12-20
DOI
https://doi.org/10.5281/zenodo.17438326
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Regional and International Mechanisms Influencing Alternative Dispute Resolution in Tanzania's Mining Sector

Zenodo (CERN European Organization for Nuclear Research)
International Arbitration and Investment Law
article

Regional and International Mechanisms Influencing Alternative Dispute Resolution in Tanzania's Mining Sector

article en

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.

Zenodo (CERN European Organization for Nuclear Research)
Tumaini University (TZ)
Partnerships for the goals
Openalex Percentile: Top 31%
International Arbitration and Investment Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Regional and International Mechanisms Influencing Alternative Dispute Resolution in Tanzania's Mining Sector · Zenodo (CERN European Organization for Nuclear Research) (2024) | TGRS Research Map | TGRS