Download or read book International Law and Natural Resource Policies written by Richard Bilder and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article points out the relevance of international law to an understanding of international natural resources issues. It notes that international law shapes the international system for allocating resources by establishing basic rules about the circumstances under which nations can assert property rights in resources. This underlying framework influences how nations see resource problems, the kinds of solutions they consider and the form in which they express and formalize their resource arrangements. More particularly, the article discusses three ways in which international law is particularly important to thinking about natural resource policies and problems: 1) the ways in which different legal concepts of national property rights affect the structure of international natural resource arrangements; 2) the ways in which disputes about international law reveal underlying differences in views of “equity” or “fairness” in international natural resource arrangements; and 3) the ways in which international law can help nations to reach cooperative arrangements for dealing with natural resource problems. The article concludes by suggesting a few broad conditions for more effective international cooperation on natural resources issues. First, both developed and developing nations must come to terms with the fact that their interests are inextricably related, that policies of either confrontation or autarky will pose serious risks and costs, and that there is simply no alternative to some degree of cooperation. Second, nations must recognize that any quest for a single standard of equity is likely to prove impossible, that cooperation requires constructive efforts by all nations to reach compromises with others' points of view, and that agreements can be effective only when both sides see them as fair. Third, nations must move away from unresolvable debates on ideology and “matters of principle” to a reasoned dialogue, workmanlike discussions, and good faith bargaining on the very practical questions of particular pressing resource and other economic problems. Finally, all nations must realize that the peaceful co-existence of nations requires international order, that international order necessarily implies some limits on absolute national sovereignty and discretion, and that international law serves in the broadest sense to implement rather than to obstruct the achievement of long-run national interests. This article also appears in P. Dorner and M. El-Shafie (Eds), RESOURCES AND DEVELOPMENT: NATURAL RESOURCES POLICES AND ECONOMIC DEVELOPMENT IN AN INDEPENDENT WORLD (University of Wisconsin Press, 1980), Chpt. 13.

Download or read book Natural Resources Law and Policy written by James R. Rasband and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.

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.

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 Natural Resources Grabbing An International Law Perspective written by Francesca Romanin Jacur and published by BRILL. This book was released on 2015-10-14 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing demand for natural resources has triggered a “race” to their exploitation and possession, especially in developing countries. Most desired are water, land, forests, raw materials (oil, gas, mineral and precious stones), fisheries and genetic resources. Emerging economies, Western states, multinational corporations and international financial institutions have become the biggest “buyers” in a race that on one hand strengthens economies and creates investment opportunities and on the other threatens local communities and environmental protection. Natural Resources Grabbing: An International Law Perspective aims at filling a gap in the legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.

Download or read book International Law and Policy of Sustainable Development written by Duncan French and published by Juris Publishing, Inc.. This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now generally accepted that sustainable development has become a central objective of the international community. This text examines the politics and history of the term, before moving on to analyse relevant principles of international law in this context.

Download or read book International Law And Sustainable Development written by Nico J. Schrijver and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schrijver (Vrije U., Amsterdam) and Weiss (U. of Amsterdam) have both served on committees of the International Law Association (ILA).

Download or read book Natural Resources and Sustainable Development written by Celine Tan and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the law, regulation and governance of natural resources, this timely work addresses the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Bringing together a collection of legal and policy expertise from a range of academic and practitioner perspectives, this book will appeal to scholars of law, political science, international relations, political economy and development studies.

Download or read book Emerging Issues in Sustainable Development written by Mitsuo Matsushita and published by Springer. This book was released on 2016-10-05 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources. This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy.

Download or read book International Law and Sustainable Development written by Alistair Rieu-Clarke and published by IWA Publishing. This book was released on 2005-11-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.

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 The Precautionary Principle and International Law The Challenge of Implementation written by David Freestone and published by Kluwer Law International B.V.. This book was released on 1996-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull.

Download or read book International Law and the Conservation of Biological Diversity written by Michael Bowman and published by Kluwer Law International B.V.. This book was released on 1996-01-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a thorough analysis of the biodiversity concept in international law and commentary on the 1992 United Nations Convention on Biological Diversity which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention is the first international treaty explicitly to address all aspects of biodiversity ranging from the conservation and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law generally, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyses the controversial issue of intellectual property rights, the problems of implementation in the European Union and the United States, differences between developing and developed states and the role of indigenous peoples. This major new work has been written by members of the Committee on Environmental Law of the British Branch of the International Law Association following an earlier study on the subject of International Law and Global Climate Change (Graham & Trotman, 1991). It is the first major study of the Convention of the context in which it was negotiated, and of the prospects for its implementation, following the entry into force of the Convention on 29 December 1993.

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 International Law and the Environment written by Patricia W. Birnie and published by Oxford University Press. This book was released on 2009 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing the basic principles, structure and effectiveness of the international legal system concerning the protection of the world's natural environment, this text has been updated to take account of developments in genetically modified organisms and biotechnology.

Download or read book International Environmental Law Policy written by Nanda and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: A significant contribution to the field . . . a welcome addition to the growing literature on international environmental law and an important reference for every scholar, lawyer, and layperson interested in the field. Denver Journal of International Law & Policy, Vol. V Emphasizing the human and societal damage caused by corporate actors, this provocative book analyzes a broad range of regional and global issues, such as air and water quality, marine pollution, climate change, ozone depletion, deforestation, traffic in hazardous waste and chemicals, and loss of biological diversity. The text provides readers with an incisive, integrated approach to the political, economic, scientific, and technological realities that underlie international environmental law and policy. Published under the Transnational Publishers imprint.

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 582 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.