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Author: Marc Bungenberg
Publisher: Springer
ISBN: 3319157388
Category : Law
Languages : en
Pages : 234
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Book Description
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.
Author: Marc Bungenberg
Publisher: Springer
ISBN: 3319157388
Category : Law
Languages : en
Pages : 234
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Book Description
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.
Author: Kamal Hossain
Publisher:
ISBN:
Category : Natural resources
Languages : en
Pages : 224
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Book Description
Author: Nico Schrijver
Publisher: Cambridge University Press
ISBN: 9780521047449
Category : Business & Economics
Languages : en
Pages : 488
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Book Description
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.
Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
ISBN: 1316272699
Category : Law
Languages : en
Pages : 471
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Book Description
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.
Author: Daniëlla Dam-de Jong
Publisher: Cambridge University Press
ISBN: 110709383X
Category : Law
Languages : en
Pages : 515
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Book Description
An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.
Author: Niels M. Blokker
Publisher:
ISBN: 9789004459823
Category : Law
Languages : en
Pages : 472
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Book Description
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.
Author: Piotr Szwedo
Publisher: BRILL
ISBN: 9004382895
Category : Law
Languages : en
Pages : 402
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Book Description
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.
Author: Shawkat Alam
Publisher: Routledge
ISBN: 131753588X
Category : Law
Languages : en
Pages : 765
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Book Description
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.
Author: Elisa Morgera
Publisher: Edward Elgar Publishing
ISBN: 1783478330
Category : Law
Languages : en
Pages : 582
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Book Description
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.
Author: Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 0191510424
Category : Law
Languages : en
Pages : 831
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Book Description
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.
