The Luango River Case

2307 Words Jul 12th, 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…
Therefore, Bello Nedam is in no way liable to the convention, it can only be under state authority through Ndebele’s domestic law. Furthermore, article 14(1) implies that Ndebele should respect the Ido’s right to access the water supply in order to maintain their traditional way of life. If the research conducted the Indigenous People’s Rights Council concludes that the dam will have a significant effect on the Ido’s subsistence agriculture, then building the dam consists of a breach of a legally binding convention, thereby having important consequences for the state in international law.
However, although the actions that the corporation took are a breach of international law, Bello Nedam is not to be held liable for its actions because it was under the instruction of the state. Article 8 of “Convention on the Responsibility of States for International Acts” states that “the conduct of a person or group of persons shall be considered an act of a State under international law if the person or group of persons is in fact acting on the instructions of, or under the direction or control of, that State in carrying out the conduct”8. Having been hired by the state itself to conduct an operation, one can assuringly affirm that the
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