But the theory of government remained an overarching theoretical concept in continental Europe right to the end of the nineteenth century e. The sciences concerned with the state have been differentiated and specialized.
Consequently, the state in which TNCs operate remains the only duty bearer of human rights and should ensure that companies under its jurisdiction comply with human rights. The aim of this article is to examine the extent to which Nigeria and South Africa comply with their obligations to ensure that TNCs in extractive industries operating within their borders promote and respect human rights.
Ultimately it is argued that the legal architecture in the countries under study does not satisfactorily shield people from the actions of TNCs. In an attempt to remedy the situation, it is suggested that a way forward could be constructed on the following pillars: Though the points made in this article generally engage the human rights impacts of extractive industries in Nigeria and South African, the proposed solutions are generalisable to other societies in which these industries operate.
Accordingly, states party to a human rights treaty have the obligation to respect, protect and fulfil human rights. From this perspective, extractive industries are involved in various human rights violations in various developing countries,  including African countries.
This raises questions of the human rights responsibilities of TNCs. In this regard, as a result of their influence, TNCs also have direct human rights obligations. The legal basis for such obligations can be found in the Universal Declaration of Human Rights UDHRwhich urges "every individual and every organ of society In this context "every organ of society" could be interpreted to comprise of various types of non-state actors including TNCs.
For Henkin, the sentence is inclusionary and as such includes every person, companies, market and cyberspace. The current scope of what might be loosely called the international human rights law duties of TNCs is wide, but spread thinly and unevenly.
It encompasses examples of supposed customary international law, treaty obligations, and so-called soft-law codes of conduct, guidelines, and compacts. The actual legal cover these initiatives provide is meager or non-existent. The legal or quasi-legal duties imposed on corporations have some potential authority, but as yet they remain ill-defined and ineffective.
In short, the rudiments of an international legal framework may be discernible, but the legal content of the law is almost wholly absent. This view is echoed by the Maastricht Guidelines in which the state's obligation to protect also compels the state to protect against the violation of human rights by third parties, including TNCs.
The obligation to protect includes the State's responsibility to ensure that private entities or individuals, including transnational corporations over which they exercise jurisdiction, do not deprive individuals of their economic, social and cultural rights. States are responsible for violations of economic, social and cultural rights that result from their failure to exercise due diligence in controlling the behaviour of such non-State actors.
The standard established by the Velasquez Rodrigues case is in line with international human rights standards,  which urge a state party to a human rights treaty to "respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present covenant [or treaty]".
This does not imply that we regard it as of less importance, but rather that the chosen focus for this article is on the host state's obligation to ensure the realisation of human rights. Guided by traditional state obligations echoed by the Maastricht Guidelines mentioned earlier, the aim of this article is to explore the extent to which Nigeria and South Africa comply with their obligations to ensure that TNCs in extractive industries operating within their borders promote and respect human rights.
The focus on domestic law is also informed by the fact that at international level, the responsibility of corporations for the protection and promotion of human rights is based on non-binding instruments categorised as soft law and is still developing.
Though there are various types of TNCs, the focus of this article is on extractive industries in Africa with special attention to Nigeria and South Africa. Extractive industries can be defined as "processes that involve different activities that lead to the extraction of raw materials from the earth such as oil, metals, mineral and aggregatesand their processing and utilisation by consumers".
Therefore, it is vital to explore legal avenues to ensure that these resources do not become a "curse" for the population or do not lead to conflicts, to poverty, ill health and inequality as a result of their extraction. With around trillion cubic feet of proven reserves, Nigeria is the largest oil producer in Africa and among the top ten in the world.
Mining is vital for the country's GDP. In addition, the focus is informed by their rivalry as Africa's super powers and their strategic position as emerging economic powers. The paper argues that these two African countries are yet to succeed in compelling TNCs to respect human rights, which is why there is a need to seek answers, solutions and a way forward.
In making its case, the paper is divided into five parts including this introduction. The second part presents an overview of the impact on human rights in Nigeria and South Africa of the activities of extractive industries. The third part examines national laws protecting local populations from the abuses of TNCs in the countries under investigation.
In this part, it is argued that national laws do not protect human rights adequately.
Hence, the fourth part of the paper offers suggestions on how to shield local populations from TNCs. The fifth and final part provides concluding remarks. The first part presents the structure of the extractive industries and the second part focuses on human rights violations by these industries in the countries under investigation.The U.N.'s weather group says greenhouse gasses in the air hit record levels.
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