The EU Response to the Trade in Conflict Minerals from Central Africa

Dovenschmidt Quarterly, 2014(1), pp. 18-34

17 Pages Posted: 31 Jul 2015

See all articles by Tomas Königs

Tomas Königs

Utrecht University - Faculty of Law; National Chengchi University (NCCU)

Sohail Wahedi

Leiden Law School | Department of Jurisprudence

Tjalling Waterbolk

Utrecht University - School of Law

Date Written: June 1, 2014

Abstract

The trade in conflict minerals has led to the eruption and conservation of conflicts and gross violations of human rights, in particular in the central African region. In response, various public and private entities have taken measures to counter this development. The purpose of this essay is to analyze how the European Union, in light of its promotion of corporate social responsibility, should regulate the behaviour of multinational companies dealing with minerals from conflict-ridden areas. In light of recent initiatives taken by the UN, the United States and the mineral-extraction industry, it is examined whether the EU should adopt public regulation or whether it should continue its promotion of private self-regulatory regimes. The authors argue that the EU should promote regulation at the level that provides the strongest incentive for companies to comply with their duties. This article shows that both private and public regulation have their limitations in regulating the trade in conflict minerals and that the EU should thus adopt a mix of both. In doing so, the development of transparency norms can be delegated to companies, stakeholders and other affected parties, while the EU could provide for an effective accountability mechanism to enforce these norms.

Keywords: Corporate social responsibility, conflict minerals, private regulation, public regulation, European Union

Suggested Citation

Königs, Tomas and Königs, Tomas and Wahedi, Sohail and Waterbolk, Tjalling, The EU Response to the Trade in Conflict Minerals from Central Africa (June 1, 2014). Dovenschmidt Quarterly, 2014(1), pp. 18-34 , Available at SSRN: https://ssrn.com/abstract=2637895

Tomas Königs (Contact Author)

Utrecht University - Faculty of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

National Chengchi University (NCCU) ( email )

No. 64, Chih-Nan Road
Section 2
Wenshan, Taipei, 11623
Taiwan

Sohail Wahedi

Leiden Law School | Department of Jurisprudence ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Tjalling Waterbolk

Utrecht University - School of Law ( email )

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