International Resources Law

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International Natural Resources Law, Investment and Sustainability

Author : Shawkat Alam,Jahid Hossain Bhuiyan,Jona Razzaque
Publisher : Routledge
Page : 765 pages
File Size : 55,8 Mb
Release : 2017-09-27
Category : Law
ISBN : 9781317535881

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International Natural Resources Law, Investment and Sustainability by Shawkat Alam,Jahid Hossain Bhuiyan,Jona Razzaque Pdf

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.

Research Handbook on International Law and Natural Resources

Author : Elisa Morgera,Kati Kulovesi
Publisher : Edward Elgar Publishing
Page : 568 pages
File Size : 40,9 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781783478330

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Research Handbook on International Law and Natural Resources by Elisa Morgera,Kati Kulovesi Pdf

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. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. 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.

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

Author : Daniëlla Dam-de Jong
Publisher : Cambridge University Press
Page : 515 pages
File Size : 45,6 Mb
Release : 2015-06-26
Category : Law
ISBN : 9781107093836

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International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations by Daniëlla Dam-de Jong Pdf

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

Indigenous-Industry Agreements, Natural Resources and the Law

Author : Ibironke T. Odumosu-Ayanu,Dwight Newman
Publisher : Routledge
Page : 339 pages
File Size : 41,5 Mb
Release : 2020-12-27
Category : Law
ISBN : 9780429012853

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Indigenous-Industry Agreements, Natural Resources and the Law by Ibironke T. Odumosu-Ayanu,Dwight Newman Pdf

This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.

Globalisation and Natural Resources Law

Author : Elena Blanco,Jona Razzaque
Publisher : Edward Elgar Publishing
Page : 445 pages
File Size : 40,5 Mb
Release : 2011-01-01
Category : Law
ISBN : 9781849808668

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Globalisation and Natural Resources Law by Elena Blanco,Jona Razzaque Pdf

'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.

International Law of Water Resources

Author : Slavko Bogdanović
Publisher : Martinus Nijhoff Publishers
Page : 476 pages
File Size : 45,8 Mb
Release : 2001-06-20
Category : Law
ISBN : 9041116230

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International Law of Water Resources by Slavko Bogdanović Pdf

Effectively managing increasingly scarce transboundary water resources in many parts of the world may become one of the most critical challenges facing the international community in the 21st century. Global warming is expected to exacerbate the existing problems of water scarcity in Africa, the Middle East and Central Asia, and threatens to affect even relatively water-secure regions and countries. Global freshwater resources are shrinking at an increasing pace. Forty percent of the world's population depends on transboundary water resources, a situation that raises serious concerns at the international level. Unresolved issues of water resource use and allocation may create the potential for serious interstate conflicts and undermine regional stability. It is imperative that existing and potential disputes over access to shared water resources are resolved through peaceful means within the framework of legal principles and norms provided by international law. While not yet in force, the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses codifies a number of rules of customary law that apply to international watercourses. However, even in the absence of a universally ratified instrument there is a body of international rules widely acknowledged as an authoritative statement of international law governing international watercourses - the International Law Association (ILA) rules on the law of international water resources. The present book, which contains the complete collection of the ILA rules on international water resources, together with comments, explanatory notes and other supporting materials, will be of significant academic and practical value to the range of experts working in this field. There is no doubt that legal scholars and researchers will find this book very helpful in discovering the conceptual underpinings and the evolution of international water law. For the practitioners, this collection will serve as a useful reference tool containing a wealth of 'black letter' normative material.

Fresh Water in International Law

Author : Laurence Boisson de Chazournes
Publisher : Oxford University Press
Page : 284 pages
File Size : 40,7 Mb
Release : 2013-09-19
Category : Law
ISBN : 9780199565085

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Fresh Water in International Law by Laurence Boisson de Chazournes Pdf

Fresh water is an environmental, economic, social, and cultural commodity. This book provides a thorough assessment of its protection, management, and uses in international law. It explores the international, regional, and national regulatory frameworks that make up the international legal regime regulating fresh water.

Genetic Resources, Equity and International Law

Author : Camena Guneratne
Publisher : Edward Elgar Publishing
Page : 335 pages
File Size : 45,9 Mb
Release : 2012-01-01
Category : Nature
ISBN : 9780857934956

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Genetic Resources, Equity and International Law by Camena Guneratne Pdf

ÔThis book provides a clear analysis of the multi-level impacts of the existing international law regime related to genetic resources on developing countries. It does so through a cogent exposition of the different areas of the law pertaining to genetic resources that are relevant and impact on people's rights and livelihoods. Its focus on equity is a welcome addition to the literature.Õ Ð Philippe Cullet, University of London, UK ÔCamena GuneratneÕs thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic ÒcommonsÓ from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.Õ Ð Paul Martin, University of New England, Australia ÔThis is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.Õ Ð Alexander Gillespie, University of Waikato, New Zealand This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements. In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favour private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain. This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.

The Work of the International Law Association on the Law of International Water Resources

Author : International Law Association. Committee on International Water Resources Law,E. J. Manner
Publisher : Unknown
Page : 324 pages
File Size : 50,8 Mb
Release : 1988
Category : Groundwater
ISBN : UOM:35112101166306

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The Work of the International Law Association on the Law of International Water Resources by International Law Association. Committee on International Water Resources Law,E. J. Manner Pdf

"Collection of the reports of the ILA Committee on International Water Resources Law, including decisions taken by the Association in respect to these"--Foreword.

Sovereignty Over Natural Resources

Author : Nico Schrijver
Publisher : Cambridge University Press
Page : 488 pages
File Size : 47,7 Mb
Release : 1997
Category : Business & Economics
ISBN : 0521047447

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Sovereignty Over Natural Resources by Nico Schrijver Pdf

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 peoples' 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 in also entails. His book thus identifies new directions sovereignty over natural resources has taken in an increasingly interdependednt world and demonstrates its relevance to current debate on foriegn-investment regulation, the environment, and sustainable development -- Back cover.

Natural Resources Grabbing: An International Law Perspective

Author : Francesca Romanin Jacur,Angelica Bonfanti,Francesco Seatzu
Publisher : BRILL
Page : 482 pages
File Size : 52,7 Mb
Release : 2015-10-22
Category : Law
ISBN : 9789004305663

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Natural Resources Grabbing: An International Law Perspective by Francesca Romanin Jacur,Angelica Bonfanti,Francesco Seatzu Pdf

Natural Resources Grabbing: An International Law Perspective aims at filling a gap in legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.

International Energy Law

Author : Rex J. Zedalis
Publisher : Routledge
Page : 523 pages
File Size : 48,8 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351926898

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International Energy Law by Rex J. Zedalis Pdf

The international legal rules affecting renewable alternative energy resources are amongst the most important legal and environmental concerns of the near future. As traditional energy sources are depleted, new technologies are being developed to harness the potentials of wave, current and tidal energy, coastal wind power, offshore geothermal, polar energy resources and space-based solar collection. This book is the first comprehensive analysis of the legal rules governing the alternative energy resource potential of all international common areas - the high seas, the polar zones (especially Antarctica) and outer space. In a detailed, but precisely analyzed text, the book also reviews the international environmental rules affecting exploration, exploitation and use of internationally situated energy resources, alongside resources located offshore under national jurisdictions. This is accompanied by a critical look at the connection between efforts to control greenhouse gases and the growing interest in non-polluting alternatives found in the international "commons . The result is a work of unprecedented value for environmental and international law academics and practitioners, as well as those interested in environmental resource economics and politics.

New Zealand Yearbook of International Law

Author : Christian Riffel
Publisher : BRILL
Page : 385 pages
File Size : 40,9 Mb
Release : 2018-02-08
Category : Law
ISBN : 9789004345911

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New Zealand Yearbook of International Law by Christian Riffel Pdf

The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2016 to 31 December 2016.

Natural Resources and Sustainable Development

Author : Celine Tan,Julio Faundez
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 51,5 Mb
Release : 2017-08-25
Category : Electronic
ISBN : 9781783478385

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Natural Resources and Sustainable Development by Celine Tan,Julio Faundez Pdf

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 and Comparative Mineral Law and Policy

Author : Elizabeth Bastida,Thomas W. Waelde,Janeth Warden-Fernández
Publisher : Kluwer Law International B.V.
Page : 1158 pages
File Size : 53,9 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041121165

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International and Comparative Mineral Law and Policy by Elizabeth Bastida,Thomas W. Waelde,Janeth Warden-Fernández Pdf

This book covers a broad spectrum of issues shaping the current paradigm of minerals sector governance. The ultimate aim of the book is to understand trends and developments in mineral law and policy occurring at international, regional, cross-border and in some selected cases at national level and also to identify some of the challenges lying ahead. With these objectives in view, the book brings together a representative selection of the most knowledgeable authors on the subject. The contributions deal with a diverse range of issues tackled from interdisciplinary perspectives. Topics are divided into five main chapters: international and comparative aspects of mineral law; actors and policies in the minerals industry; investment prospects, financial and fiscal issues; sustainable development and regional outlooks. The book aspires to serve as a useful reference for scholars, practitioners, students and all those with an interest in current developments in the areas reviewed. Elizabeth Bastida is the Rio Tinto Research Fellow and the Director of the Mineral Law and Policy Programme at the Centre for Energy, Petroleum, Mineral Law and Policy at the University of Dundee (CEPMLP/Dundee). Thomas W?lde is the Professor of International Economic, Natural Resources and Energy Law and was (until 2001) the Executive Director of CEPMLP/Dundee. He currently runs TWA, his private consultancy firm, which provides advisory services in natural resources and energy law, regulatory reform, investment promotion, state enterprise/agency appraisal and restructuring, privatisation, contract assessment, negotiation and dispute management. Janeth Warden-Fern?ndez is a Research and Teaching Fellow, an advisor of the Mineral Law and Policy Programme and the Manager of the Distance Learning Programme at CEPMLP/Dundee.