The study assesses the efficacy of the role of international law on intrastate natural resource governance. The main focus of this study is to examine the extent to which the principles of international law are used to complement the intrastate policies, legal, institutions, and regulatory frameworks affecting natural resources governance. The study notes that the oil and gas industry in Tanzania is relatively new and is still in its infancy stage, therefore, there is no much information written about the performance of the industry. As such, the study relied much on different kinds of literature from various jurisdictions with more or less similar features. In this endeavour, both the domestic and international laws, policies, regulations and other important instruments related to the natural resource governance were reviewed.
1.6.1 Data Collection Methods
In the course of collection of data, two methods were used, namely; documentary review and interviews. The two methods were chosen purposely because of the nature of the study taking into account of the novelty of the issues discussed relating to intrastate natural resource governance.
1.6.1.1 Documentary Review
As indicated in the preceding parts of this study, since the main purpose of this study is to review and assess the efficacy of the role of international law in intrastate natural resource governance, the method helped to gather the
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necessary information related to the study and thus contributed immensely the findings of the study. This is because the laws and policies on natural resource governance generally and oil and gas industry, in particular, are in a documentary form.
This method involved collection of data from different libraries, i.e., the University of Dar es salaam Main Library, Faculty of Law Library located at the University of Dar es salaam School of Law Building (HURRU), libraries of the Tanzania-German Centre for Eastern Africa Legal Studies (TGCL), the Attorney General's Chamber particularly Department of Contracts and Treaties, Tanzania Petroleum Development Corporation (TPDC), Tanzania Revenue Authority (International Tax Unit), The Controller and Auditor General Office (CAG) and University of Bayreuth Central Library (Zentralbibliothek) and Faculty of Law and Economics Library (RW-Bibliothek). The study also reviewed the relevant legislation and commentaries, judicial decisions of the courts and tribunals (and their respective commentaries), books, journal articles, monographs, workshop reports, commission reports, newspapers and other useful materials.
1.6.1.2 Interviews
This method involved the collection of data from the field through semi-structured interviews. Sometimes referred to as a semi-patterned interview, the semi- structured interview address specific issues related to the phenomenon of the study.52 It is flexible and the arrangements of the questions may be structured to yield considerable and offers multifunctional streams of data. In addition, it offers a potential to address the complexity of the study by understanding the interviewees' knowledge regarding the study phenomenon. Thus, making it easier for the researcher to evaluate and compare informants' statements fairly.
52 Galletta Anne, Mastering the Semi-Structured Interview and Beyond: From Research Design to Analysis and Publication, New York, New York University Press, (2013), p. 24.
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The semi-structured interview method was applied in the course of the collection of data and is divided into two categories.
1.6.1.2.1 Government Institutions and Departments
The first category of informants was government officials from ministries, institutions, and departments that are directly linked to the oil and gas sector. In this category, the officials of the following ministries were interviewed; the Ministry of Energy and Minerals, the Ministry of State in the Prime Minister's Office for Investment and Empowerment, the Ministry of Finance, the Ministry of Lands, Housing and Human Settlement Developments, the Ministry of Constitutional and Legal Affairs and the Ministry of State, Vice President’s Office – Union and Environment. The Tanzania Petroleum Development Corporation (TPDC), a designate National Oil Company responsible for regulating the performance of oil and gas industry in Tanzania and the custodian of the government lion's share in the industry, the National Environmental Management Council (NEMC), the Prevention and Combating of Corruption Bureau (PCCB), the Attorney General's Chamber, in particular, the Directorate of Contracts and Treaties were visited. The directorate is essential because it is responsible for taking stock of the multilateral and bilateral agreements between the United Republic of Tanzania and the multinational corporations. Also, it acts as the custodian of the international, regional and sub-regional treaties to which Tanzania is a party. Lastly, the Lindi Municipal Council and Mtwara Municipal Council were visited.
1.6.1.2.2 Stakeholders Organisations
The second category of informants interviewed during the study is stakeholders’
organisations in the oil and gas sector generally. They include the Lawyers Environmental Action Team (LEAT), a non-governmental organisation devoted to environmental protection and human rights issues related to exploitation of natural resources, the Legal and Human Rights Centre (LHRC), the Land Rights Research and Resources Institute (LARRRI/HAKIARDHI), a non- governmental
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organisation established to spearhead the rights to the land of rural and peri-urban based small producers through activist researches, lobbying, and advocacy for policy changes, critical analysis of policies and laws and active participation in policy processes.