Natural Resources and Sustainable Development


Natural Resources and Sustainable Development

International Economic Law Perspectives

9781783478378 Edward Elgar Publishing
Edited by Celine Tan, Reader in Law and Associate Professor and Julio Faundez, Professor (Emeritus), School of Law, University of Warwick, UK
Publication Date: 2017 ISBN: 978 1 78347 837 8 Extent: 352 pp
Examining the law, regulation and governance of natural resources, this timely work addresses the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Bringing together a collection of legal and policy expertise from a range of academic and practitioner perspectives, this book will appeal to scholars of law, political science, international relations, political economy and development studies.

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The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute.

Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law.

This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations.
Critical Acclaim
‘This collection of essays on natural resources and sustainable development shines a light on the many vistas of the topic. While each chapter brings a refreshing review of extant literature on the specific area of enquiry, the indepth analysis of particular jurisdictions or industries makes for a better understanding of the issues at stake. In some cases new ground is broken where the authors debunk old ideas. Manuela Lavinas Picq’s chapter on “situating the amazon in world politics” is a good example. After reading it, one is not likely to view the Amazon in the same way again. I recommend this book to scholars and practitioners alike.’
– Victor Essien, International Journal of Legal Information

‘This is an innovative and intellectually enriching collection of essays on a very topical subject. The contributors present critical analysis and original approaches to interaction and tensions in various areas of international law, also addressing the legal questions arising from its fragmentation, a topic debated by the International Law Commission. Providing a fascinating insight into the workings of international law within various sectors of activities in developing countries and the tensions arising therefrom, such as between investors and local communities in natural resources projects, this book is a very rich source of knowledge. It is highly recommended for both practitioners and scholars.’
– Malgosia Fitzmaurice, Queen Mary University of London, UK

‘The editors are to be congratulated on a timely and thought-provoking collection of essays that reappraise the international legal and political framework for natural resource governance and its impact on sustainable development.’
– Mary Footer, University of Nottingham School of Law, UK

Contributors: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson


1. Introduction
Celine Tan and Julio Faundez

2. Investment Treaties, Natural Resources and Regulatory Space: Technical Issues and Political Choice in International Investment Law
Lorenzo Cotula

3. Risky Business: Political Risk Insurance and the Law and Governance of Natural Resources
Celine Tan

4. The Extractive Industries Transparency Initiative in Africa: Overcoming the Resource Curse and Promoting Sustainable Development
Emma Wilson and James van Alstine

5. BITs, State Regulation and Business-Related Human Rights Violations in Water and Sanitation Services
Juan Pablo Bohoslavsky, Liber Martin and Juan Justo

6. Away from the Spotlight: Foreign Investment in the Afghan Extractive Sector and the State’s Duty to Protect the Right to Water
Daria Davitti

7. The Governance of Natural Resources in Latin America: The Commodities Consensus and the Policy Space Conundrum
Julio Faundez

8. Generating Conflict: Gold, Water and Vulnerable Communities in the Colombian Highlands
Christiana Ochoa

9. Situating the Amazon in World Politics
Manuela Lavinas Picq

10. Tropical Forests, Climate Change and Neoliberal Environmental Governmentality
Sam Adelman

11. The Role of Law in the Economy and in Regulating Natural Resources and Environmental Protection in China
John McEldowney

12. Natural Resources and Global Value Chains: What Role for the WTO?
Fiona Smith

13. Sustainable Chemical Regulation in a Global Environment
Sharron McEldowney

14. Litigation Against Multinational Oil Companies in Their Home State Jurisdictions: An Alternative Legal Response to Pollution Damage in Foreign Jurisdictions
David Ong

15. The Public Interest in International Investment Arbitration on Natural Resources
Claire Buggenhoudt


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