Human Rights in Natural Resource Development PDF Download

Author: Mining, Minerals, and Sustainable Development Project
Publisher: Oxford University Press on Demand
ISBN: 9780199253784
Category : Law
Languages : en
Pages : 710

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Book Description
A new human right of public participation by those affected by natural resource development is set to define major economic developments in the twenty-first century. It is a fundamental part of the international norm of 'sustainable development', designed to harmonize economic betterment andenvironmental-cultural-social protection for this and succeeding generations. A recognized human right since the 1940s, public participation today is assuming many different legal and political forms - citizen involvement, indigenous peoples' rights, local community rights, sustainable developmentagreements, public hearings, consultation, advisory councils, right to information, right to justice, decisional transfers, benefits sharing, and more. The right to be heard is a fundamental principle of public law in most of the world's legal systems, but in practice ranges from being deeplyingrained in some cultures to non-existent in others. Understanding this new human dimension in law and development is now essential not only for lawyers but also for companies, governments, international agencies, NGOs, IGOs, and citizens. This book, authored by international resources law experts from all over the world, provides the theoreticaland practical guidance essential to understanding and dealing with this new development. Its first section lays out the basics of what is becoming known as public participation law - its origins, history, theories, modern sources, and future directions. The second section presents the internationallegal authorities. The third section analyzes the current experience and future trends in over a dozen nations and regions of critical resource development interest, from Africa, Australasia, Southeast Asia and China to Europe and North, Central, and South America.

Author: Jérémie Gilbert
Publisher: Oxford University Press, USA
ISBN: 0198795661
Category : Law
Languages : en
Pages : 225

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Book Description
The management of natural resources is directly related to livelihoods for local communities, but is also intimately linked to broader national and regional economic development, as well as to political stability, peace and security. Natural resources and their effective management are necessary for securing the realisation of human rights. While there is some analysis regarding the emergence of specific relevant areas of human rights, such as the right to water, the right to food, or public participation, there is no systematic and comprehensive study on the potential role that human rights law can play in the management of natural resources. This book provides an in-depth analysis of these developments and how these could contribute to a more comprehensive human rights-based approach to the management of natural resources. In doing so, the author proposes a systematic analysis of the different norms, procedures, and approaches developed under human rights law which are relevant to the management of natural resources. As such, the text offers a human rights-based approach to the development of a legal framework for natural resource management, an area which is currently dominated by investment law and treaties concerning the use and exploitation of natural resources by States and private actors.

Author: Lorenzo Cotula
Publisher: Routledge
ISBN: 1136600027
Category : Business & Economics
Languages : en
Pages : 204

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Book Description
In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.

Author: Carol Chi Ngang
Publisher: Taylor & Francis
ISBN: 1000433730
Category : Nature
Languages : en
Pages : 329

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Book Description
This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.

Author: Malayna Raftopoulos
Publisher: University of London Press
ISBN: 9781912250011
Category : Business & Economics
Languages : en
Pages : 0

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Book Description
Contemporary development debates in Latin America are marked by the pursuit of economic growth, technological improvement and poverty reduction, and are overshadowed by growing concerns about the preservation of the environment and human rights. This collection's multidisciplinary perspective links local, national, regional and transnational levels of inquiry into the interaction of state and non-state actors involved in promoting or opposing natural resource development. Taking this approach allows the book to contemplate the complex panorama of competing visions, concepts and interests grounded in the mutual influences and interdependencies which shape the contemporary arena of social-environmental conflicts in the region.

Author: Elena Blanco
Publisher: Edward Elgar Publishing
ISBN: 184980866X
Category : Law
Languages : en
Pages : 445

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Book Description
'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.

Author: Knox, J. H., Morgera, E.
Publisher: Food & Agriculture Org.
ISBN: 9251360979
Category : Political Science
Languages : en
Pages : 68

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Book Description
This legal paper reflects on the evolution of international law on the interdependence of human rights and the environment. It illustrates their significance for the development and implementation of national laws on agricultural development and the management of renewable natural resources, ranging from land, water, fisheries, plants, and animals, to food, forestry, wildlife, biodiversity and trade laws. It is also relevant for national laws on climate change, gender equality, agribusiness operations, the right to food, the right to water and the prevention of potential conflicts arising from the competition for natural resources. The paper brings together lessons learned through the mandate of the former United Nations Special Rapporteur on human rights and the environment, John H. Knox, and academic research on international biodiversity law and human rights, by Elisa Morgera. The Paper gives an overview of the increasing cross-fertilization between international environmental law and international human rights law. It looks specifically at nature conservation and the human rights of Indigenous Peoples. It also focuses on other areas of the nexus between human rights and biodiversity that are of particular relevance to national laws on natural resources.

Author: Elisa Morgera
Publisher: Edward Elgar Publishing
ISBN: 1783478330
Category : Law
Languages : en
Pages : 568

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Book Description
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.

Author: Helle Tegner Anker
Publisher:
ISBN: 9781780687599
Category : Environmental law
Languages : en
Pages : 0

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Book Description
This book is the fifth volume in the European Environmental Law Forum (EELF) Book Series. The EELF is a non-profit initiative established by environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is the organisation of an annual conference.The fifth EELF Conference dedicated to 'Sustainable Management of Natural Resources - Legal Instruments and Approaches' was held in Copenhagen from the 30th of August to the 1st of September 2017 at the Faculty of Science, University of Copenhagen, in collaboration with the Department of Law, Aarhus University.This book is a collection of peer reviewed contributions addressing various legal aspects of sustainable management of natural resources. Natural resources are in this book understood in broad terms encompassing biodiversity, water, air and soil, as well as raw materials. Based on the contributions, it can be asserted that despite many efforts there is still a long way to go in order to achieve sustainable management of natural resources. Making ecosystem integrity ultimately the bottom-line for sustainable development requires not only dedication in the design and coherence of (environmental) legislation at international, EU and national level, but also a strong commitment to the implementation and enforcement of the legislation. Thus, it is necessary to carefully consider how different legal instruments and approaches may pave the way for the sustainable management of natural resources.

Author: Sumudu Atapattu
Publisher: Routledge
ISBN: 1351757946
Category : Business & Economics
Languages : en
Pages : 288

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Book Description
The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.