Chapter
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)
Forerunners of the NIEO debate
Steamrollering it through: the NIEO Declaration and Action Programme (1974)
The Charter of Economic Rights and Duties of States (1974 )Background
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
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
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'
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
Increasing popularity of bilateral investment treaties
International settlement of investment disputes
7 The law of the sea: extension of control over marine resources
Classical law on the territorial sea: from 'cannonshot' to' fixed distance9
Extension of territorial sovereignty over maritime areas
Extension of exclusive economic jurisdiction over marine
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
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?
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 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 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
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
11 Sovereignty over natural resources as a basis for sustainable development
The origin, development and legal status of the principle
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
I United Nations resolutions and other decisions
II Table of multilateral treaties
Table of multilateral treaties
Sovereignty over Natural Resources
：Balancing Rights and Duties
( Cambridge Studies in International and Comparative Law )
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