1st Edition

International Natural Resources Law, Investment and Sustainability





ISBN 9780367871796
Published December 12, 2019 by Routledge
466 Pages

USD $47.95

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Book Description

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.

Table of Contents

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

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Editor(s)

Biography





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