Description
Book SynopsisThe
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. The book covers overarching and sectoral, as well as traditional and emerging, legal issues in natural resource development.
The book illuminates interactions and tensions between international environmental law, human rights and economic law, as well as the law of the sea, tracing their evolution and identifying critical areas for further investigation. It also discusses the relevance of soft law and international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. Analysis of historical and current policy debates, including the incipient negotiations of a new international legally binding instrument on marine biodiversity in areas beyond national jurisdiction, and the adoption of the Sustainable Development Goals and the Paris Agreement on climate change, are included.
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 and practitioners of international environmental, economic, and human rights law.
Contributors include: R. Barnes, V. Barra, B. Boer, C. Chiarolla, L. Cotula, F. Francioni, J. Harrison, J. Jabour, M. Jansson, M. Kidd, R.E. Kim, T. Koivurova, K. Kulovesi, R. Leal-Arcas, F. Lesniewska, C. Massarella, S. Minas, O. McIntyre, E. Morgera, E. Orlando, F. Ortino, A. Proelss, S. Romppanen, C. Salpin, N.M. Tabari, K. Talus, A. Trouwborst, H. van Asselt, J. Vinuales
Trade Review'This volume presents an excellent and long overdue assessment of international law as related to the use of natural resources. Its analytical focus on the triad of international human rights, environmental and economic law provides deep insights into the often disjointed nature of this body of law. The research agenda set out in the concluding chapter highlights that there is analytical work to be done. A must read for anyone interested the topic!' --Ellen Hey, Erasmus University Rotterdam, the Netherlands
'A distinguished mix of authors coming from a variety of backgrounds, all of whom are experts in a field of crucial importance for present and future generations. The book covers different strands of international and domestic law as well as the numerous governance and dispute settlement loci that are relevant. It highlights the need for more integrated approaches and sets an agenda for the years ahead. In sum, this is required reading for all lawyers involved in one or more of the areas touched upon by the book.' --Laurence Boisson de Chazournes, University of Geneva, Switzerland
'This is a valuable and illuminating collection of essays on international law relating to natural resources, both terrestrial and marine, written by a team of distinguished international experts. Commendably, the book takes a holistic approach to its subject, examining a variety of areas of international law applicable to the exploitation of natural resources, including international environmental, human rights, investment and trade law. The book is an important and welcome contribution to the literature.' --Robin Churchill, University of Dundee, UK
Table of ContentsContents: Introduction PART I KEY CONCEPTS 1. National Sovereignty Over National Resources: Environmental Challenges and Sustainable Development Virginie Barral 2. Foreign Direct Investment: International Investment Law and Natural Resource Governance Jorge E. Viñuales 3. International Trade: Natural Resources and the World Trade Organization Kati Kulovesi 4. Natural Resources and Human Rights Francesco Francioni 5. Corruption and Conflict Emanuela Orlando 6. Corporate Accountability Elisa Morgera PART II RESOURCES UNDER NATIONAL JURISDICTION Section A: Biological Resources 7. Land: Lorenzo Cotula 8. Forests: Learning Lessons from our Interventions Feja Lesniewska 9. Fisheries Alexander Proelss 10. Wildlife and Landscapes Arie Trouwborst 11. Genetic Resources Claudio Chiarolla Section B: Energy 12. Oil and Gas: International Petroleum Regulation Kim Talus 13. Renewable Energy Rafael Leal-Arcas and Stephen Minas 14. Biofuels Max Jansson and Seita Romppanen Section C: Other Resources 15. Water Owen Mcintyre 16. Minerals Michael Kidd 17. Arctic Resources: Exploitation of Natural Resources in the Arctic from the Perspective of International Law Timo Koivurova PART III RESOURCES BEYOND NATIONAL JURISDICTION 18. High Seas Fisheries Richard Barnes and Carmino Massarella 19. Resources of the International Seabed Area James Harrison 20. Marine Genetic of Resources in Areas Beyond National Jurisdiction: Soul Searching and the Art of Balance Charlotte Salpin 21. Antarctica Resources: Economic Activities in Antarctica: Resources and Legal Regimes Julia Jabour PART IV ACTORS AND INSTITUTIONS 22. International Law-Making Ben Boer 23. Global Governance: Problem Shifting in the Anthropocene and the Limits of International Law Rakhyun E. Kim and Harro Van Asselt 24. International Dispute Settlement: The Settlement of Investment Disputes Concerning Natural Resources - Applicable Law and Standards of Review Federico Ortino and Nima Mersadi Tabari Conclusions: A Research Agenda on International Law and Natural Resources Elisa Morgera and Kati Kulovesi Index
