Sovereignty over Natural Resources :Balancing Rights and Duties ( Cambridge Studies in International and Comparative Law )

Publication subTitle :Balancing Rights and Duties

Publication series :Cambridge Studies in International and Comparative Law

Author: Nico Schrijver  

Publisher: Cambridge University Press‎

Publication year: 1997

E-ISBN: 9780511835612

P-ISBN(Paperback): 9780521562690

Subject: D912.6 自然资源与环境保护法

Keyword: 国际法

Language: ENG

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Sovereignty over Natural Resources

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 people's 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 it also entails. His book thus identifies directions sovereignty over natural resources has taken in an increasingly interdependent world and demonstrates its relevance to debate on foreign-investment regulation, the environment and sustainable development.

Chapter

Economic activities

National resources and national wealth

Definitions used in this study

Goals and objectives for the exercise of permanent sovereignty

Scope and orientation of the study

PART I The birth and development of the principle: the UN General Assembly as midwife

Introductory remarks to Part I

2 The formative years (1945-1962)

The early years (1945-1951): balancing national and global interests

Immediate post-war concerns

Using natural resources in the national and global interest

The 1952 'nationalization' resolution: the demand for economic independence

First North-South nationalization clash: the Anglo-Iranian Oil Company

The 'nationalization' resolution debate: victory for communist propaganda?

Linking human rights, self-determination and natural resources (1952-1955)

Chilean proposal to the Commission on Human Rights

The Tenth General Assembly debate: protecting penniless governments?

From self-determination of peoples to sovereignty of States: the Commission on Permanent Sovereignty over Natural Resources (1958-1961)

Establishing the Commission: potential threat to foreign investors?

Formulating a declaration in an ideologically divided United Nations

Stalemate following Commission's report

Bridging the gap: the near

Discussion in the Second Committee: emotions running high General debate

Final round in the General Assembly: eliminating a major stumbling block

3 Promoting economic development by the exercise of permanent sovereignty: the period after 1962

Reaffirming and elaborating the 1962 Declaration (1963-1970)

UNCTAD I and permanent sovereignty

Relations between foreign investors and developing countries in natural resources control

Permanent sovereignty as a condition for social progress and development

Permanent sovereignty over marine resources (1970-1972)

Towards the NIEO resolutions: renewed debate on nationalization (1972-1973)

Prohibition of coercion

Forerunners of the NIEO debate

Unctad

Ecosoc

General Assembly

Steamrollering it through: the NIEO Declaration and Action Programme (1974)

The Charter of Economic Rights and Duties of States (1974 )Background

Article 2 of CERDS

Follow-up measures

Towards pragmatism: international co-operation in natural-resource policy

Development assistance for exploration of natural resources

UN Revolving Fund for Natural Resources Exploration

ECOSOC Committee on Natural Resources

4 Permanent sovereignty, environmental protection and sustainable development

Growing international awareness of environmental degradation

Early UN resolutions on the conservation of nature

Protecting the human environment: Stockholm 1972

Preparatory stage

The Declaration reviewed

Follow-up to the Stockholm Declaration with respect to permanent sovereignty

The UN and the issue of shared resources: the UNEP Guidelines 1978

Shared resources on the UN agenda

UNEP Guidelines on shared resources

The political follow-up to the UNEP Guidelines

The Brundtland Experts Group on Environmental Law

Permanent sovereignty in an environmental and developmental context: Rio 1992

Preparatory stage

The Declaration reviewed

Other results

Comparing the Stockholm and the Rio Declarations

5 Permanent sovereignty over natural resources in territories under occupation or foreign administration

The status of Namibia and its natural resources before independence in 1990

The status of South West Africa/Namibia

Decree No. 1 for the Protection of the Natural Resources of Namibia

The UN Council for Namibia versus Urenco, UCN and the Netherlands

Permanent sovereignty over 'national' resources in Israeli-occupied territories

Sovereignty over the Panama Canal and Zone

The 1903 Canal Convention

Security Council debating 'unequal treaty' in Panama City

American veto on draft Security Council resolution

First and last Security Council reference to permanent sovereignty

Summary and appraisal of Part I

PART II Natural-resource law in practice: from creeping national jurisdiction towards international co-operation

Introductory remarks to Part II

6 International investment law: from nationalism to pragmatism

'National standard' versus 'international minimum standard'

Historical background

International diplomatic protection to enforce 'fair treatment'

The national standard as riposte

Multilateral codes of conduct on foreign investment

UN Draft Code of Conduct on Transnational Corporations

World Bank Guidelines on the Treatment of Direct Foreign Investment

Multilateral instruments for promotion and protection of foreign investment

Three World Bank agencies

International Finance Corporation

Multilateral Investment Guarantee Agency

EU-ACP cooperation

Increasing popularity of bilateral investment treaties

International settlement of investment disputes

Trend towards pragmatism

7 The law of the sea: extension of control over marine resources

'Planet Ocean'

Classical law on the territorial sea: from 'cannonshot' to' fixed distance9

Extension of territorial sovereignty over maritime areas

Baselines

Bays

Islands

Archipelagoes

Extension of exclusive economic jurisdiction over marine

The continental shelf

Exclusive economic zone

Evolution of the concept

Resource rights of coastal States in the EEZ

Duties and responsibilities of coastal States in the EEZ

A halt to the seaward rash: the common heritage of mankind

The decline of the freedom of the high seas

Legal evolution of the common heritage of mankind

Deep sea-bed resources as the common heritage of mankind

Implications of the common heritage of mankind for resource management

Legal status of the common heritage of mankind principle

International dispute settlement under the law of the sea

Permanent sovereignty versus common heritage of humankind?

8 International environmental law: sovereignty versus the environment?

The concept of international environmental law

Codifying international environmental law

Territorial sovereignty in international case law: 'bending before all international obligations'?

Principles of international environmental law and state sovereignty

Inter- and intragenerational equity

Good neighbourliness

Equitable utilization and apportionment

Prior information, consultation and early warning

State responsibility and liability

Termination of unlawful activities and the making of reparation

Preservation of res communis and the common heritage of (hu)mankind

Common but differentiated obligations

Peaceful settlement of environmental disputes

Sovereignty versus the environment?

Appraisal of Part II

PART III Balancing rights and duties in an increasingly interdependent world

Introductory remarks to Part III

9 Rights and claims: seeking evidence of recognition in international law

The grammar of rights

The right to dispose freely of natural resources

The right to explore and exploit natural resources freely

The right to regain effective control and to compensation for damage

The right to use natural resources for national development

The right to manage natural resources pursuant to national environmental policy

The right to an equitable share in benefits of transboundary natural resources

The right to regulate foreign investment

The right to regulate foreign investment in general

The right to regulate admission of foreign investment

The right to exercise authority over foreign investment

The right to expropriate or nationalize foreign investment

The right to take foreign property in general

The right to determine freely the conditions of a nationalization

The right not to pay or to determine compensation freely

The right to settle disputes on the basis of national law

The right of free choice of means for settlement of nationalization disputes

10 Duties: the other side of the coin

The concept of duties.

The exercise of permanent sovereignty for national development and the well-being of the people

Respect for the rights and interests of indigenous peoples

Duty to co-operate for international development

Global development

Development of countries of the 'South'

Conservation and sustainable use of natural wealth and resources

Regional co-operation treaties

Global conservation treaties

Other resource-related multilateral treaties

The equitable sharing of transboundary natural resources

Respect for international law and fair treatment of foreign investors

Obligations related to the right to take foreign property

Public purpose

Non-discrimination

Payment of compensation

Standard of compensation

Due process

Right to appeal?

11 Sovereignty over natural resources as a basis for sustainable development

The origin, development and legal status of the principle

Back to the roots

Legal effects of General Assembly resolutions

Permanent sovereignty: a norm of jus cogent

Changing perceptions on sovereignty, foreign investment and the role of international law

The end of permanent sovereignty in an age of globalization, privatization and fragmentation?

International investment regulation: the need for an integrated global approach

Resource conflicts and sovereignty as an instrument of protection

Permanent sovereignty in an interdependent world

Towards peoples', indigenous and 'planetary' sovereignty in a world of States

Balancing rights and duties

Permanent sovereignty as a corner-stone of international sustainable development law

Appendices

I United Nations resolutions and other decisions

II Table of multilateral treaties

Table of multilateral treaties

III Survey of main cases

Bibliography

Index

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