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 Realizing the Right to Development written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2013 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
Download or read book Sovereignty Over Natural Resources written by Nico Schrijver and published by Cambridge University Press. This book was released on 1997 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern international law, permanent sovereignty over natural resources has come to entail duties as well as rights. This study analyses the evolution of permanent sovereignty from a political claim to a principle of international law, and examines its significance for a number of controversial issues such as peoples' rights, nationalization and environmental conservation. Although political discussion has long focused on the rights arising from permanent sovereignty, Dr. Schrijver argues that this has been at the expense of the consideration of the corollary obligations in also entails. His book thus identifies new directions sovereignty over natural resources has taken in an increasingly interdependednt world and demonstrates its relevance to current debate on foriegn-investment regulation, the environment, and sustainable development -- Back cover.
Download or read book Public Purpose in International Law written by Pedro J. Martinez-Fraga and published by Cambridge University Press. This book was released on 2015-02-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.
Download or read book Permanent Sovereignty Over Natural Resources in International Law written by Kamal Hossain and published by . This book was released on 1984 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rio Declaration on Environment and Development written by Jorge E. Viñuales and published by OUP Oxford. This book was released on 2015-02-05 with total page 831 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
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 Cross border Water Trade Legal and Interdisciplinary Perspectives written by Piotr Szwedo and published by BRILL. This book was released on 2018-11-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.
Download or read book Furthering the Frontiers of International Law written by Niels M. Blokker and published by . This book was released on 2021 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Withdrawing from international organizations / Niels Blokker -- Sovereignty as responsibility exercising permanent sovereignty over natural resources in the interest of current and future generations / Daniëlla Dam-de Jong -- Non-state actors and human rights obligations perspectives from international investment law and arbitration / Eric De Brabandere and Larissa van den Herik -- Global threats and fragmented responses climate change and the extra-territorial scope of human rights obligations / Helen Duffy -- What is a state in international law? How is this to be determined? / John Dugard -- The role of customary international law as a tool for the progressive development of international criminal law undermining the sovereignty of states for the sake of humanity? / Robert Heinsch -- The responsibility of the Netherlands for its nationals abroad / Erik Koppe -- How about consolidating the frontiers but furthering the effectiveness of human rights? Lessons from Yerevan / Rick Lawson -- Shifting the frontiers of International Human Rights Law / Titia Loenen -- Waters rising possible effects of sea level rise on the legal regime of baselines and delineation of maritime zones / Xuechan Ma -- The International Criminal Court and human security looking ahead complementarity? / Andrea Marrone -- The establishment of flight information regions and Air Defence Identification Zones Air Law is Air Law and Maritime Law is Maritime Law; shall the twain ever meet? / Pablo Mendes de Leon -- Maritime security and sustainable development and the coastal communities of India an empirical analysis / Bimal N. Patel -- To speculate or not? On determining adequate remedies for denial of justice and other judicial wrongs / Vid Prislan -- Human Rights Law and the return of stolen assets / Cecily Rose -- Principles for the sustainable governance of shared natural resources / Nadia Sánchez Castillo-Winckels -- Economic, social and cultural rights and customary International Law / William A. Schabas -- World law's modern master builders / Otto Spijkers -- The world in disarray. Great-power competition and the decline of multilateralism / Alfred van Staden -- How can we justify international criminal justice? / Carsten Stahn -- China's perception of state sovereignty in international dispute settlement / Linlin Sun -- Public administration and ordinary virtues the Venice principles on the ombudsman Institution / Luc Verhey -- The right to marry as a right to equality about same-sex couples, the phrase "men and women", and the travaux préparatoires of the universal declaration / Kees Waaldijk.
Download or read book Sovereignty in the Exercise of the Right to Self Determination written by Jane A. Hofbauer and published by BRILL. This book was released on 2016-09-12 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
Download or read book Blood Oil written by Leif Wenar and published by Oxford University Press. This book was released on 2016 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sweeping book, one of today's leading political philosophers, Leif Wenar, goes behind the headlines in search of the hidden global rule that thwarts democracy and development-and that puts shoppers into business with some of today's most dangerous men.
Download or read book Trade and Environmental Law written by Panos Delimatsis and Leonie Reins and published by Edward Elgar Publishing. This book was released on 2021-12-14 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.
Download or read book Global Justice Natural Resources and Climate Change written by Megan Blomfield and published by Oxford University Press. This book was released on 2019-05-16 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: To address climate change fairly, many conflicting claims over natural resources must be balanced against one another. This has long been obvious in the case of fossil fuels and greenhouse gas sinks including the atmosphere and forests; but it is ever more apparent that responses to climate change also threaten to spur new competition over land and extractive resources. This makes climate change an instance of a broader, more enduring and - for many - all too familiar problem: the problem of human conflict over how the natural world should be cared for, protected, shared, used, and managed. This work develops a new theory of global egalitarianism concerning natural resources, rejecting both permanent sovereignty and equal division, which is then used to examine the problem of climate change. It formulates principles of resource right designed to protect the ability of all human beings to satisfy their basic needs as members of self-determining political communities, where it is understood that the genuine exercise of collective self-determination is not possible from a position of significant disadvantage in global wealth and power relations. These principles are used to address the question of where to set the ceiling on future greenhouse gas emissions and how to share the resulting emissions budget, in the face of conflicting claims to fossil fuels, climate sinks, and land. It is also used to defend an unorthodox understanding of responsibility for climate change as a problem of global justice, based on its provenance in historical injustice concerning natural resources.
Download or read book The Politics of Oil written by Dag Harald Claes and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Oil brings together legal studies, economics, and political science to illustrate how governments gain and exercise control over oil resources and how political actors influence the global oil market, both individually and in cooperation with each other. The author also investigates the role of oil in preserving regime stability, in civil wars and in inter-state conflicts, as well as discussing the possible implications for the oil industry from policies to combat climate change.
Download or read book Development without Destruction written by Nico Schrijver and published by Indiana University Press. This book was released on 2010-07-14 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1945, the UN has been actively engaged in conceptualizing strategies for both economic development and a sustainable environment. From a broad historical perspective, Development without Destruction sketches the role played by organizations and individuals in the UN system in developing and consolidating principles of international law and international governance with respect to natural resource management. Nico Schrijver highlights the UN's efforts to generate and implement strategies to resolve tensions between economic development and environmental protection, conservation and exploitation, sovereignty and internationalism, and armed conflict and peaceful access to natural resources. Schrijver's thorough analysis is an indispensable guide to management of the critical environmental issues on today's global agenda.
Download or read book Principles of International Environmental Law written by Philippe Sands and published by Cambridge University Press. This book was released on 2003-10-09 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
