Hired as an arbitrator in a legal dispute between the government of Tanzania

Imagine that you have been hired as an arbitrator in a legal dispute between the government of Tanzania, a U.S.-based petroleum company, and an environmental advocacy organization (e.g., Greenpeace, Earth System Governance Project, United Nations Environment Programme, and so on). A dispute is the financial and moral obligation of the petroleum company to terminate coastal oil exploration that is polluting the local fishing waters in the Indian Ocean. The Tanzanian government benefits financially from the exploration, with the promise of great riches if vast oil reserves are discovered. As a poor, third-world country, Tanzania desperately needs such revenues to provide basic subsistence (e.g., food, medicine, shelter) to its citizens. Legally, the petroleum company has broken no domestic or international laws; the environmental advocacy group, however, has made legal claims to the contrary, suggesting that the petroleum company, at the least, has violated international law by risking the economic livelihoods of local fishermen in Tanzania and in the neighboring countries of Kenya, Somalia, and Mozambique. The group further claims that the petroleum company has violated the basic principles of Earth stewardship by delaying humanity's movement away from dependence on fossil fuels. Write in response to the following: Briefly contrast the valid and questionable positions of each party. Propose ways that each party might find common ground in a mutually acceptable resolution to the dispute.

Sample Solution

Contrasting the Positions:

Tanzanian Government:
- Valid: Tanzania desperately needs revenue for basic necessities, and oil exploration offers a chance at significant financial gain. The government argues they are acting within their legal rights to exploit their natural resources for development.
- Questionable: While legal, the government may not be considering long-term environmental consequences or the potential impact on local communities.
Petroleum Company:
- Valid: The company is operating legally and has the potential to bring economic benefits to Tanzania. They may argue they are using safe exploration practices.
- Questionable: Even if legal, the company's actions may violate international principles regarding environmental protection and sustainable development. They may not be adequately addressing the potential risks to local livelihoods.
Environmental Advocacy Group:
- Valid: The group raises concerns about environmental damage, economic disruption to local communities, and delaying the shift away from fossil fuels. They argue for responsible stewardship of the Earth's resources.
- Questionable: The group may not be offering realistic alternatives for Tanzania's immediate needs or proposing solutions that consider the country's economic desperation.

Finding Common Ground:

Focus on environmental safeguards: The company can implement stricter pollution controls and safety measures, with independent monitoring. This could potentially minimize environmental damage and satisfy some of the environmental group's concerns.
Economic benefits sharing: A portion of the potential oil revenues could be earmarked for community development projects, ensuring local fishermen are not worse off and have a safety net if their livelihood is impacted.
Explore Alternative Revenue Streams: The Tanzanian government, the environmental group, and international aid organizations could collaborate to explore sustainable development programs like ecotourism or renewable energy projects that provide long-term economic benefits without environmental damage.
Gradual transition: A phased approach to oil exploration could be implemented, allowing time for developing alternative revenue streams and mitigating environmental risks.
Independent Oversight: An independent body composed of government, environmental, and industry representatives could oversee the project, ensuring compliance with environmental regulations and responsible resource management.

By working together to find common ground on these issues, the parties can potentially reach a solution that balances economic development with environmental protection and the well-being of local communities.

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Hired as an arbitrator in a legal dispute between the government of Tanzania

Sample Solution

Contrasting the Positions:

Finding Common Ground:

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