Lex Africana: Agreements such as the recent US–DRC strategic partnership suggest that mining investments are deeply political. Likewise, disputes are often, though not always, resolved outside courtrooms. Does this mean that in this sector, politics ultimately prevails over the law?
Achille Ngwanza: My answer would be a nuanced one. In agreements such as the US-DRC strategic partnership or the China-DRC “minerals for infrastructure” agreement, politics clearly dominates. The wording and the conditions under which these agreements are concluded leave considerable room for political considerations.
In exploitation contracts, however, the balance shifts. These agreements impose strict legal obligations. While they are shaped by the political context, they also structure operations in a way that gives law real weight, and, in turn, influences how disputes are handled.
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