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²⁹ This may inter alia include the following norms: freedom from genocide, crimes against humanity and war crimes, prohibition of torture, inhumane and degrading treatment, prohibition of slavery, prohibition of forced labour and child labour, prohibition of racial discrimination and forced disappearances.Google Scholar

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³¹ Global Witness notes that the MDA agreement identifies Mittal Steel (Liberia) Holdings Limited as the party to the MDA agreement where it is referred to as concessionaire’ ‘CONCESSIONAIRE'. The Mittal Steel Liberia Limited is identified as ‘as the agent of the Concessionaire and operating company in Liberia.’ Global Witness notes that Mittal Steel (Liberia) Holdings Limited is ‘70% owned by Mittal Steel Holdings AG and 30% by the Government of Liberia'. Mittal Steel Holdings AG is a wholly owned subsidiary of the Mittal Steel NV, which is incorporated in the Netherlands and is the parent company in the Mittal corporate group. Global Witness, Heavy Mittal? A State within a State: The inequitable Mineral Development Agreement between the Government of Liberia and Mittal Steel Holdings NV, Report, 15, October 2006, available at: http://www.globalwitness.org/media_library_detail.php/156/en/heavy_mittal. Mittal Steel NV merged in 2006 with Arcelor and now operated under the name of Arcetal Mittal, available at: http://www.arcelormittal.com/.Google Scholar

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⁵⁴ Relevant part reads as follows: not assert or advance, in any claim against, demand to, or dispute with another party, or in any legal action or proceeding an interpretation of any Project Agreement that is inconsistent with Articles 7 and 8 of the Joint Statement, which confirm that the HSE [health, safety and environmental] and human rights standards for the Project are dynamic, will evolve when and as standards under domestic law in the relevant State, EU Standards, and applicable international treaty standards evolve, and thus require conduct of the Project's human rights and HSE activities in accordance with such evolving domestic law from time to time provided it is no more stringent than the highest of EU Standards, those World Bank Group standards referred to in the Project Agreements, and standards under applicable international labour and human rights treaties…’ See The BTC Human Rights Undertaking, available at: http://subsites.bp.com/caspian/Human%20Rights%20Undertaking.pdf. Article 2 (d).Google Scholar

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