The Luango River Case Essay

2289 Words Jun 24th, 2013 10 Pages
The situation of the Luango River case involves a dispute between the Republic of Ndebele and the Kingdom of Shauna over the transboundary water supply of the Luango River. The Republic of Nbdele has launched the creation of a major bauxite mining and processing industry. To provide energy for this industry, Ndebele has hired Dutch corporation Bello Nedam to construct a hydro-electric dam. Across the two countries lives the Ido minority indigenous population, who are protesting against the continuation of construction of this dam as a research conducted on the matter proved that the dam will impede their subsistence agriculture by reducing the water flow of the river. Nevertheless, the government of Ndebele has decided to continue with the …show more content…
Customary law can hereby be proven through opinio juris as the convention is a General Assembly Resolution. Since Ndebele is a member of the United Nations, resolutions adopted by the organization are to be considered as customary law on its member states. State practice can be effectively proven through numerous cases such as the Corfu channel case, whereby the International Court of Justice concluded that: “it is the obligation of every state not to allow knowingly its territory to be used for acts contrary to the rights of other states’9. Therefore article 8 has an immense impact on the present situation, clearly stating that by no means should Bello Nedam hold any responsibility, since it is merely conducting an operation that it was hired and paid to take out.
Nevertheless, Bello Nedam in fact conserves some portion of responsibility in this case, as even though it was under the instruction of the state it could have refused to take out operations that violated the rights of an innocent indigenous population. However, this responsibility is not of legal order, rather of a moral one, known under the concept Corporate Social Responsibility. The notion takes into account the limitations of international law (essentially its ‘state-centerdeness’) and therefore exercises authority under soft law, meaning that corporations conserve no legally

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