Fairness and Justice in Natural Resource Politics

Fairness and Justice in Natural Resource Politics
Author: Melanie Pichler
Publisher: Routledge
Total Pages: 291
Release: 2016-08-05
Genre: Political Science
ISBN: 1317269888

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As demand for natural resources increases due to the rise in world population and living standards, conflicts over their access and control are becoming more prevalent. This book critically assesses different approaches to and conceptualizations of resource fairness and justice and applies them to the analysis of resource conflicts. Approaches addressed include cosmopolitan liberalism, political economy and political ecology. These are applied at various scales (local, national, international) and to initiatives and instruments in public and private resource governance, such as corporate social responsibility instruments, certification schemes, international law and commodity markets. In doing so, the contributions contrast existing approaches to fairness and justice and extend them by taking into account the interplay between political scales, regions, resources, and power structures in "glocalized" resource politics. Various case studies are included concerning agriculture, agrofuels, land grabbing, water resources, mining and biodiversity. The volume adds to the academic and policy debate by bringing together a variety of disciplines and perspectives in order to advance both a research and policy agenda that puts notions of resource fairness and justice center-stage.

Natural Resources and Sustainable Development

Natural Resources and Sustainable Development
Author: Celine Tan
Publisher: Edward Elgar Publishing
Total Pages: 343
Release: 2017-08-25
Genre: Business & Economics
ISBN: 1783478381

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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.

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations
Author: Daniëlla Dam-de Jong
Publisher: Cambridge University Press
Total Pages: 515
Release: 2015-06-26
Genre: Law
ISBN: 110709383X

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An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.

Property Rights and Natural Resources

Property Rights and Natural Resources
Author: Richard Barnes
Publisher: Bloomsbury Publishing
Total Pages: 472
Release: 2009-04-22
Genre: Law
ISBN: 1847315038

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Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.

International Natural Resources Law, Investment and Sustainability

International Natural Resources Law, Investment and Sustainability
Author: Shawkat Alam
Publisher: Routledge
Total Pages: 765
Release: 2017-09-27
Genre: Law
ISBN: 131753588X

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International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international 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.

Permanent Sovereignty over Natural Resources

Permanent Sovereignty over Natural Resources
Author: Marc Bungenberg
Publisher: Springer
Total Pages: 234
Release: 2015-04-15
Genre: Law
ISBN: 3319157388

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Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.

International Cooperation

International Cooperation
Author: Oran R. Young
Publisher: Cornell University Press
Total Pages: 268
Release: 1989
Genre: Law
ISBN: 9780801495212

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The notion of regimes as institutions that shape international behavior has received much attention from scholars in the field of international relations as a way of understanding how sovereign states secure international cooperation. Oran Young here seeks both to develop our theoretical grasp of international regimes and to expand the range of empirical applications of this line of analysis.

Community Rights, Conservation and Contested Land

Community Rights, Conservation and Contested Land
Author: Fred Nelson
Publisher: Routledge
Total Pages: 354
Release: 2010-08-12
Genre: Nature
ISBN: 113654173X

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Natural resource governance is central to the outcomes of biodiversity conservation efforts and to patterns of economic development, particularly in resource-dependent rural communities. The institutional arrangements that define natural resource governance are outcomes of political processes, whereby numerous groups with often-divergent interests negotiate for access to and control over resources. These political processes determine the outcomes of resource governance reform efforts, such as widespread attempts to decentralize or devolve greater tenure over land and resources to local communities. This volume examines the political dynamics of natural resource governance processes through a range of comparative case studies across east and southern Africa. These cases include both local and national settings, and examine issues such as land rights, tourism development, wildlife conservation, participatory forest management, and the impacts of climate change, and are drawn from both academics and field practitioners working across the region. Published with IUCN, The Bradley Fund for the Environment, SASUSG and Norwegian Ministry of Foreign Affairs

The Political Economy of Resource Regulation

The Political Economy of Resource Regulation
Author: Andreas R.D. Sanders
Publisher: UBC Press
Total Pages: 377
Release: 2019-04-01
Genre: Political Science
ISBN: 0774860634

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Industrialist John Paul Getty famously quipped, “The meek shall inherit the earth, but not its mineral rights.” Throughout history, natural resources have been sources of wealth and power and catalysts for war and peace. The case studies gathered in this innovative volume examine how the intersection of ideas, interest groups, international institutions, and political systems gave birth to distinctive regulatory regimes at various times and places in the modern world. Spanning seven continents and focusing on both advanced and developing economies, it offers unique insights into why some resource-rich countries have flourished while others have been mired in poverty and corruption.