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Legal empowerment for local resource control

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negotiations with the investor), and is represented by politicians and<br />

government officials. The negotiating power between investor and host<br />

state is shaped by imbalances in skills, money and other assets, but also<br />

by the extent to which the project is crucially tied to the host country due<br />

to location of precious <strong>resource</strong>s or other factors. Bureaucratic inertia and<br />

passive resistance from government officials may frustrate the<br />

implementation of deals concluded between investors and politicians,<br />

thereby undermining the power of investors (Filer with Sekhran, 1998).<br />

The host state engages in varying relations with <strong>local</strong> <strong>resource</strong> users (from<br />

support to repression). It is composed of different structures (different<br />

ministries; state-owned companies; central, deconcentrated and<br />

decentralised agencies) that represent possibly conflicting interests (e.g.<br />

ministries responsible <strong>for</strong> petroleum operations and <strong>for</strong> the environment).<br />

It acts through individuals whose behaviour is shaped by varying<br />

combinations of official government policy and self-interest (corruption,<br />

rent-seeking, protection of vested interests).<br />

International financial institutions (the World Bank through its IFC and<br />

MIGA but also IBRD and IDA arms; regional development banks) and<br />

commercial lenders supporting the investment project. These may require<br />

the investor to comply with their institutional policies (e.g. on<br />

environmental and social impact assessment), thereby affecting relations<br />

between investors and <strong>local</strong> <strong>resource</strong> users. International financial<br />

institutions may also exert considerable influence on the host state<br />

because of the importance of their overall lending to the state.<br />

The home state where the investor’s parent company is based. This may<br />

exert pressures on international financial institutions and/or on the host<br />

state (including through its official development agency and through<br />

international financial institutions), so as to affect decisions on whether<br />

the project should go ahead and under what terms.<br />

National elites in the host country, including government officials,<br />

domestic business and traditional elites (linked by relations ranging from<br />

confrontation to, more often, alliance or even hybridisation; Bayart, 1993).<br />

These may have vested interests in the investment project in terms of<br />

business opportunities through backward and <strong>for</strong>ward linkages, of<br />

opportunities <strong>for</strong> rent-seeking and personal gain, of consolidation of in-<br />

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