Download or read book Human Rights in Natural Resource Development written by Mining, Minerals, and Sustainable Development Project and published by Oxford University Press on Demand. This book was released on 2002 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new human right of public participation by those affected by natural resource development is set to define major economic developments in the twenty-first century. It is a fundamental part of the international norm of 'sustainable development', designed to harmonize economic betterment andenvironmental-cultural-social protection for this and succeeding generations. A recognized human right since the 1940s, public participation today is assuming many different legal and political forms - citizen involvement, indigenous peoples' rights, local community rights, sustainable developmentagreements, public hearings, consultation, advisory councils, right to information, right to justice, decisional transfers, benefits sharing, and more. The right to be heard is a fundamental principle of public law in most of the world's legal systems, but in practice ranges from being deeplyingrained in some cultures to non-existent in others. Understanding this new human dimension in law and development is now essential not only for lawyers but also for companies, governments, international agencies, NGOs, IGOs, and citizens. This book, authored by international resources law experts from all over the world, provides the theoreticaland practical guidance essential to understanding and dealing with this new development. Its first section lays out the basics of what is becoming known as public participation law - its origins, history, theories, modern sources, and future directions. The second section presents the internationallegal authorities. The third section analyzes the current experience and future trends in over a dozen nations and regions of critical resource development interest, from Africa, Australasia, Southeast Asia and China to Europe and North, Central, and South America.
Download or read book Natural Resources and Human Rights written by Jérémie Gilbert and published by Oxford University Press, USA. This book was released on 2018-10-22 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The management of natural resources is directly related to livelihoods for local communities, but is also intimately linked to broader national and regional economic development, as well as to political stability, peace and security. Natural resources and their effective management are necessary for securing the realisation of human rights. While there is some analysis regarding the emergence of specific relevant areas of human rights, such as the right to water, the right to food, or public participation, there is no systematic and comprehensive study on the potential role that human rights law can play in the management of natural resources. This book provides an in-depth analysis of these developments and how these could contribute to a more comprehensive human rights-based approach to the management of natural resources. In doing so, the author proposes a systematic analysis of the different norms, procedures, and approaches developed under human rights law which are relevant to the management of natural resources. As such, the text offers a human rights-based approach to the development of a legal framework for natural resource management, an area which is currently dominated by investment law and treaties concerning the use and exploitation of natural resources by States and private actors.
Download or read book Human Rights Natural Resource and Investment Law in a Globalised World written by Lorenzo Cotula and published by Routledge. This book was released on 2012-03-12 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.
Download or read book Natural Resource Sovereignty and the Right to Development in Africa written by Carol Chi Ngang and published by Taylor & Francis. This book was released on 2021-08-25 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.
Download or read book Natural Resource Development and Human Rights in Latin America written by Malayna Raftopoulos and published by University of London Press. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary development debates in Latin America are marked by the pursuit of economic growth, technological improvement and poverty reduction, and are overshadowed by growing concerns about the preservation of the environment and human rights. This collection's multidisciplinary perspective links local, national, regional and transnational levels of inquiry into the interaction of state and non-state actors involved in promoting or opposing natural resource development. Taking this approach allows the book to contemplate the complex panorama of competing visions, concepts and interests grounded in the mutual influences and interdependencies which shape the contemporary arena of social-environmental conflicts in the region.
Download or read book Research Handbook on International Law and Natural Resources written by Elisa Morgera and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.
Download or read book Sustainable Management of Natural Resources written by Helle Tegner Anker and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the fifth volume in the European Environmental Law Forum (EELF) Book Series. The EELF is a non-profit initiative established by environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is the organisation of an annual conference.The fifth EELF Conference dedicated to 'Sustainable Management of Natural Resources - Legal Instruments and Approaches' was held in Copenhagen from the 30th of August to the 1st of September 2017 at the Faculty of Science, University of Copenhagen, in collaboration with the Department of Law, Aarhus University.This book is a collection of peer reviewed contributions addressing various legal aspects of sustainable management of natural resources. Natural resources are in this book understood in broad terms encompassing biodiversity, water, air and soil, as well as raw materials. Based on the contributions, it can be asserted that despite many efforts there is still a long way to go in order to achieve sustainable management of natural resources. Making ecosystem integrity ultimately the bottom-line for sustainable development requires not only dedication in the design and coherence of (environmental) legislation at international, EU and national level, but also a strong commitment to the implementation and enforcement of the legislation. Thus, it is necessary to carefully consider how different legal instruments and approaches may pave the way for the sustainable management of natural resources.
Download or read book Globalisation and Natural Resources Law written by Elena Blanco and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.
Download or read book Human rights and the environment written by Knox, J. H., Morgera, E. and published by Food & Agriculture Org.. This book was released on 2022-05-04 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: This legal paper reflects on the evolution of international law on the interdependence of human rights and the environment. It illustrates their significance for the development and implementation of national laws on agricultural development and the management of renewable natural resources, ranging from land, water, fisheries, plants, and animals, to food, forestry, wildlife, biodiversity and trade laws. It is also relevant for national laws on climate change, gender equality, agribusiness operations, the right to food, the right to water and the prevention of potential conflicts arising from the competition for natural resources. The paper brings together lessons learned through the mandate of the former United Nations Special Rapporteur on human rights and the environment, John H. Knox, and academic research on international biodiversity law and human rights, by Elisa Morgera. The Paper gives an overview of the increasing cross-fertilization between international environmental law and international human rights law. It looks specifically at nature conservation and the human rights of Indigenous Peoples. It also focuses on other areas of the nexus between human rights and biodiversity that are of particular relevance to national laws on natural resources.
Download or read book Human Rights and the Environment written by Sumudu Atapattu and published by Routledge. This book was released on 2019-03-08 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.
Download or read book Rights Resources and Rural Development written by Christo Fabricius and published by Earthscan. This book was released on 2013-01-11 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Community-based natural resource management (CBNRM) is an approach that offers multiple related benefits: securing rural livelihoods; ensuring careful conservation and management of biodiversity and other resources; and empowering communities to manage these resources sustainably. Recently, however, the CBNRM concept has attracted criticism for failing in its promise of delivering significant local improvements and conserving biodiversity in some contexts. This book identifies the flaws in its application, which often have been swept under the carpet by those involved in the initiatives. The authors analyse them, and propose remedies for specific circumstances based on the lessons learned from CBNRM experience in southern Africa over more than a decade. The result is essential reading for all researchers, observers and practitioners who have focused on CBNRM in sustainable development programmes as a means to overcome poverty and conserve ecosystems in various parts of the globe. It is a vital tool in improving their methods and performance. In addition, academics, students and policy-makers in natural resource management, resource economics, resource governance and rural development will find it a very valuable and instructive resource.
Download or read book Indigenous Peoples Natural Resources and Permanent Sovereignty written by Andrea Mensi and published by BRILL. This book was released on 2022-12-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Download or read book Indigenous Knowledge and Customary Law in Natural Resource Management written by He Hong Mu Xiuping and published by . This book was released on 2010 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Natural Resources Law Investment and Sustainability written by Shawkat Alam and published by Routledge. This book was released on 2017-09-27 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.
Download or read book Permanent Sovereignty over Natural Resources written by Marc Bungenberg and published by Springer. This book was released on 2015-04-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
Download or read book Linking Human Rights and the Environment written by Romina Picolotti and published by University of Arizona Press. This book was released on 2010-09-15 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Es un libro de consulta valiosa que explora el territorio desconocido que hay entre la legislación ambiental y de los derechos humanos. Más que un tratado teórico, se argumenta que el activismo de los derechos humanos representa una oportunidad importante para hacer frente a las consecuencias humanas de la degradación del medio ambiente y puede servir como un catalizador de ideas y acciones inspiradoras en el mundo real -- Contraportada.
Download or read book International Law and Governance of Natural Resources in Conflict and Post Conflict Situations written by Daniëlla Dam-de Jong and published by Cambridge University Press. This book was released on 2015-06-26 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.
