Natural Resources And Human Rights

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.

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.

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.

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.

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.

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.

'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.

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.