International Natural Resources Law, Investment and Sustainability

1. Auflage 2019
ISBN: 978-0-367-87179-6
Verlag: Taylor & Francis

Buch, Englisch, 490 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 680 g

Reihe: Routledge Research in International Environmental Law

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.

Zielgruppe

Postgraduate and Undergraduate

Autoren/Hrsg.

Alam, Shawkat

Hossain Bhuiyan, Jahid

Razzaque, Jona

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht
• Rechtswissenschaften Öffentliches Recht Umweltrecht Umweltrecht allg., Technikrecht, Immissionsschutzrecht

Inhaltsverzeichnis

Introduction

SHAWKAT ALAM, JAHID HOSSAIN BHUIYAN AND JONA RAZZAQUE

PART I

Natural resources law and investment law: Interactions

Foreword

ELIZABETH MARUMA MREMA

1 International natural resources law and sustainable investment: Principles and practices

SHAWKAT ALAM, JAHID HOSSAIN BHUIYAN AND JONA RAZZAQUE

2 Sovereign rights, state obligations and natural resources

UPENDRA BAXI

3 Evolution of the permanent sovereignty over natural resources in the context of the investment regime

JAHID HOSSAIN BHUIYAN

PART II

Balancing competing interests

Foreword

KAMAL HOSSAIN

4 Natural resources management and sustainable development in the WTO legal system: Implications for the investment regime

ILARIA ESPA

5 Natural resource protection in regional and bilateral investment agreements: In search of an equitable balance for promoting sustainable development

SHAWKAT ALAM

6 Arbitration and natural resource protection

MARIEL DIMSEY

7 Expropriation, nationalisation and resource protection – ‘resource nationalism’ and international law

JÜRGEN BRÖHMER

8 Regulatory strategies, CSR and resource protection

PAOLO GALIZZI AND EMILY SMITH EWING

9 State owned oil companies, North–South and South–South perspectives on investment

ELENA MERINO BLANCO

PART III

Changing dynamics

Foreword

PHILIPPE CULLET

10 Water, investment and sustainability

REBECCA BATES

11 Sustainable agricultural investment and the Global South

JONA RAZZAQUE AND PHUONG LE

12 Sustainable mining, human rights and foreign investment: Nexus and challenges

ABDULLAH AL FARUQUE

13 International indigenous rights, investment and sustainability in the mining sector

ANDREW ERUETI, SARAH D

Über Autor(innen)

Shawkat Alam is a Professor of Law and Director of the Centre for Environmental Law at Macquarie University, Australia.

Jahid Hossain Bhuiyan is an Associate Professor in the Department of Law, Northern University, Bangladesh.

Jona Razzaque is a Professor of Environmental Law at Bristol Law School, University of the West of England Bristol, UK