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International Natural Resources: Law, Investment and Sustainability

International Natural Resources: Law, Investment and Sustainability

Author: Shawkat Alam; Jahid Hossain Bhuiyan; Jona Razzaque
Publisher: Routledge
ISBN: 9781138848702
Published In: September 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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The question of appropriate use of natural resources inevitably raises competing interests between the resource rich and resource hungry nations.

Such conflict of interests is not new; this is evidenced in the way BRIC countries' investment in the natural resource sector in Africa has attracted international attention and debate. This investment shows that while export of natural resources can drive economic growth, unsustainable extraction can lead to increased poverty and conflict. The law of natural resources denote these conflicts of interest by gauging careful management of resources to avoid waste, environmental pollution and conflicts.

The shift of economic power toward developing countries such as Brazil, India, China, South Africa, along with growing south-south cooperation, has given impetus to reassess the legitimacy and efficacy of the international regulation of natural resources and whether this balance between interests has been sufficiently achieved.

This book provides a background of the law governing natural resources and explores the relationship with key concepts such as sustainable development, sovereign rights, and state responsibility principles within international law. It will examine the existing legal structures for conserving, preserving, using and extracting natural resources at an international level along with an up-to-date overview of the inter-linkage between investment and international natural resources law.

Examples from energy, nuclear energy, renewable energy, oil and gas, fisheries, coastal resources, mineral, and wildlife will be assessed. It will also explore the contribution of non-state actors as well as the responsibility of key players including the World Bank and private multinational companies in the utilisation and conservation of natural resources.

Natural Resources Law, Investment and Sustainability will be of great interest to students and scholars of international environmental law, international human rights law, 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.

Introduction, Shawkat Alam, Jahid Bhuiyan, and Jona Razzaque

Part I: Natural Resources Law and Investment Law: Interactions

1. Evolution, theories and principles of international natural resources law, Edith Brown Weiss, Georgetown University, USA

2. Sustainable investment and legal frameworks in relation to natural resources law, Marie-Claire Cordonier Segger, Centre for International Sustainable Development Law, Canada

3. Sustainable development, green economy and natural resource, Rebecca M. Bratspies, CUNY School of Law, USA

4. Regional investment agreement and natural resource protection, Luke Nottage, Sydney Law School, Australia

Part II: Obligations, Regulations and Exceptions

5. Evolution of the permanent sovereignty over natural resources, Lawrence Asekoma Atsegbua, University of Benin, Nigeria and Md Jahid Hossain Bhuiyan, ASA University, Bangladesh

6. Sovereign rights, state obligations and natural resources, Upendra Baxi, University of Warwick, UK

7. Natural resources and financing, Daniel Cole, Indiana University School of Law, USA

8. Exceptions under the WTO law and natural resource protection, Julia Ya Qin, Wayne State University Law School, USA and Fiona Macmillan, Birkbeck University of London, UK

9. Specific resource sectors (mining, water, energy), Alistair Rieu-Clarke, University of Dundee, UK and Sara Seck, University of Western Ontario, Canada

10. Regulatory strategies, CSR and resource protection, Penelope Simons, University of Ottawa, Canada

Part III: Changing Dynamics

11. Expropriation, nationalisation and resource protection, Mostert Hanri, University of Cape Town (UCT), South Africa

12. Transnational corporations and natural resources, Elisa Morgera, University of Edinburgh, UK and Peter Muchlinski, School of African and Oriental Studies (SOAS), London, UK

13. Indigenous people, investment and natural resources, Jacinta Ruru, University of New South Wales, Australia

14. Carbon trading and resource protection (e.g. Forest), Tim Stephens, University of Sydney, Australia

15. Conflicts, natural resources and investment, Alexia Brunet Marks, Colorado University, USA

16. Corruption, investment and natural resources, John Chandler, University of Western Australia, Australia

Part IV: Liability and Dispute Settlement

17. Responsibility of states, standards of liability and non-state actors, Dr. E. de Brabandere, Leiden University, The Netherlands and Tracy Hester, University of Houston Law Center, USA

18. Criminal liability and investment, Don Anton, Australian National University

19. Commercial arbitration and resource protection, AFM Maniruzzaman, Portsmouth University, UK and Gus Van Harten, York University, Canada

20. Non-state participation in dispute settlement, Ernesto A. Hernandez, Dale E. Fowler School of Law, USA and Jona Razzaque, UWE Bristol, UK

21. Investment disputes and south- south dimension, Won Kidane, Seattle University, USA Conclusion, Shawkat Alam, Jahid Bhuiyan, Carmen G. Gonzalez and Jona Razzaque