Research Handbook on International Law and Natural Resources

by Elisa Morgera (Editor), Kati Kulovesi (Editor)

Overview

The 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. The book covers overarching and sectoral, as well as traditional and emerging, legal issues in natural resource development.

The book illuminates interactions and tensions between international environmental law, human rights and economic law, as well as the law of the sea, tracing their evolution and identifying critical areas for further investigation. It also discusses the relevance of soft law and international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. Analysis of historical and current policy debates, including the incipient negotiations of a new international legally binding instrument on marine biodiversity in areas beyond national jurisdiction, and the adoption of the Sustainable Development Goals and the Paris Agreement on climate change, are included.

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 and practitioners of international environmental, economic, and human rights law.

Contributors include: R. Barnes, V. Barra, B. Boer, C. Chiarolla, L. Cotula, F. Francioni, J. Harrison, J. Jabour, M. Jansson, M. Kidd, R.E. Kim, T. Koivurova, K. Kulovesi, R. Leal-Arcas, F. Lesniewska, C. Massarella, S. Minas, O. McIntyre, E. Morgera, E. Orlando, F. Ortino, A. Proelss, S. Romppanen, C. Salpin, N.M. Tabari, K. Talus, A. Trouwborst, H. van Asselt, J. Vinuales

Product Details

ISBN-13:	9781783478323
Publisher:	Edward Elgar Publishing
Publication date:	11/14/2016
Series:	Research Handbooks in International Law series
Pages:	584
Product dimensions:	6.62(w) x 9.62(h) x (d)

About the Author

Edited by Elisa Morgera, Professor of Global Environmental Law, Law School, University of Strathclyde and Co-Director of the Strathclyde Centre for Environmental Law and Governance, UK and Kati Kulovesi, Professor of International Law, School of Law, University of Eastern Finland

Table of Contents

Contents:

Introduction

PART I KEY CONCEPTS
1. National Sovereignty Over National Resources: Environmental Challenges and Sustainable Development
Virginie Barral

2. Foreign Direct Investment: International Investment Law and Natural Resource Governance
Jorge E. Viñuales

3. International Trade: Natural Resources and the World Trade Organization
Kati Kulovesi

4. Natural Resources and Human Rights
Francesco Francioni

5. Corruption and Conflict
Emanuela Orlando

6. Corporate Accountability
Elisa Morgera

PART II RESOURCES UNDER NATIONAL JURISDICTION
Section A: Biological Resources
7. Land:
Lorenzo Cotula

8. Forests: Learning Lessons from our Interventions
Feja Lesniewska

9. Fisheries
Alexander Proelss

10. Wildlife and Landscapes
Arie Trouwborst

11. Genetic Resources
Claudio Chiarolla

Section B: Energy
12. Oil and Gas: International Petroleum Regulation
Kim Talus

13. Renewable Energy
Rafael Leal-Arcas and Stephen Minas

14. Biofuels
Max Jansson and Seita Romppanen

Section C: Other Resources
15. Water
Owen Mcintyre

16. Minerals
Michael Kidd

17. Arctic Resources: Exploitation of Natural Resources in the Arctic from the Perspective of International Law
Timo Koivurova

PART III RESOURCES BEYOND NATIONAL JURISDICTION
18. High Seas Fisheries
Richard Barnes and Carmino Massarella

19. Resources of the International Seabed Area
James Harrison

20. Marine Genetic of Resources in Areas Beyond National Jurisdiction: Soul Searching and the Art of Balance
Charlotte Salpin

21. Antarctica Resources: Economic Activities in Antarctica: Resources and Legal Regimes
Julia Jabour

PART IV ACTORS AND INSTITUTIONS
22. International Law-Making
Ben Boer

23. Global Governance: Problem Shifting in the Anthropocene and the Limits of International Law
Rakhyun E. Kim and Harro Van Asselt

24. International Dispute Settlement: The Settlement of Investment Disputes Concerning Natural Resources - Applicable Law and Standards of Review Federico Ortino and Nima Mersadi Tabari

Conclusions: A Research Agenda on International Law and Natural Resources
Elisa Morgera and Kati Kulovesi

Index

Editorial Reviews

'A distinguished mix of authors coming from a variety of backgrounds, all of whom are experts in a field of crucial importance for present and future generations. The book covers different strands of international and domestic law as well as the numerous governance and dispute settlement loci that are relevant. It highlights the need for more integrated approaches and sets an agenda for the years ahead. In sum, this is required reading for all lawyers involved in one or more of the areas touched upon by the book.'

Laurence Boisson de Chazournes

'This is a valuable and illuminating collection of essays on international law relating to natural resources, both terrestrial and marine, written by a team of distinguished international experts. Commendably, the book takes a holistic approach to its subject, examining a variety of areas of international law applicable to the exploitation of natural resources, including international environmental, human rights, investment and trade law. The book is an important and welcome contribution to the literature.'

Robin Churchill

'This volume presents an excellent and long overdue assessment of international law as related to the use of natural resources. Its analytical focus on the triad of international human rights, environmental and economic law provides deep insights into the often disjointed nature of this body of law. The research agenda set out in the concluding chapter highlights that there is analytical work to be done. A must read for anyone interested the topic!'

Ellen Hey

'This volume presents an excellent and long overdue assessment of international law as related to the use of natural resources. Its analytical focus on the triad of international human rights, environmental and economic law provides deep insights into the often disjointed nature of this body of law. The research agenda set out in the concluding chapter highlights that there is analytical work to be done. A must read for anyone interested the topic!' —Ellen Hey, Erasmus University Rotterdam, the Netherlands

'A distinguished mix of authors coming from a variety of backgrounds, all of whom are experts in a field of crucial importance for present and future generations. The book covers different strands of international and domestic law as well as the numerous governance and dispute settlement loci that are relevant. It highlights the need for more integrated approaches and sets an agenda for the years ahead. In sum, this is required reading for all lawyers involved in one or more of the areas touched upon by the book.' —Laurence Boisson de Chazournes, University of Geneva, Switzerland

'This is a valuable and illuminating collection of essays on international law relating to natural resources, both terrestrial and marine, written by a team of distinguished international experts. Commendably, the book takes a holistic approach to its subject, examining a variety of areas of international law applicable to the exploitation of natural resources, including international environmental, human rights, investment and trade law. The book is an important and welcome contribution to the literature.' —Robin Churchill, University of Dundee, UK

From the Publisher