International law and governance of natural resources in conflict and post-conflict situations / Daniëlla Dam-de Jong.
2015
KZ3410 .D34 2015 (Map It)
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Title
International law and governance of natural resources in conflict and post-conflict situations / Daniëlla Dam-de Jong.
Published
Cambridge, United Kingdom : Cambridge University Press, 2015.
Call Number
KZ3410 .D34 2015
ISBN
9781107093836 hardcover
110709383X hardcover
110709383X hardcover
Description
xxii, 484 pages ; 24 cm.
System Control No.
(OCoLC)900870013
Summary
"Natural resource wealth is conducive to a country's development. Nevertheless, the last few decades have shown a harsher reality, where natural resources have also triggered, financed or fuelled a number of internal armed conflicts. Examples include the armed conflicts in Cambodia, Sierra Leone, Liberia and the Democratic Republic of the Congo, which have been financed with the exploitation of a variety of valuable natural resources, including diamonds, gold, timber, oil and cocoa. The aim of this book is to assess the contribution of international law in ensuring that natural resources are used to promote development and to achieve sustainable peace instead of financing armed conflict. For this purpose, the author discusses the international legal framework for the governance of natural resources in States in general, in situations of armed conflict and as part of conflict resolution and post-conflict peacebuilding efforts"-- Provided by publisher.
"Established in 1946, this series produces high quality scholarship in the fields of public and private international law and comparative law. Although these are distinct legal sub-disciplines, developments since 1946 confirm their interrelations. Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Private international law is now often affected by international conventions, and the issues faced by classical conflicts rules are frequently dealt with by substantive harmonisation of law under international auspices. Mixed international arbitrations, especially those involving state economic activity, raise mixed questions of public and private international law, while in many fields (such as the protection of human rights and democratic standards, investment guarantees and international criminal law) international and national systems interact. National constitutional arrangements relating to 'foreign affairs', and to the implementation of international norms, are a focus of attention"-- Provided by publisher.
"Established in 1946, this series produces high quality scholarship in the fields of public and private international law and comparative law. Although these are distinct legal sub-disciplines, developments since 1946 confirm their interrelations. Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Private international law is now often affected by international conventions, and the issues faced by classical conflicts rules are frequently dealt with by substantive harmonisation of law under international auspices. Mixed international arbitrations, especially those involving state economic activity, raise mixed questions of public and private international law, while in many fields (such as the protection of human rights and democratic standards, investment guarantees and international criminal law) international and national systems interact. National constitutional arrangements relating to 'foreign affairs', and to the implementation of international norms, are a focus of attention"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 432-467) and index.
Record Appears in
Table of Contents
Acknowledgements
xiii
Table of treaties
xiv
Table of cases
xviii
1.
Introduction
1
1.1.
Relationships between natural resource wealth and armed conflict
4
1.2.
actors involved in resource-related armed conflicts
7
1.2.1.
Domestic governments
8
1.2.2.
Foreign States
10
1.2.3.
Armed groups
12
1.2.4.
Companies
18
1.3.
Implications for strategies to address resource-related armed conflicts
21
1.4.
Definition of terms used in this book
24
1.5.
Aim of the book
27
1.6.
Structure of the book
28
pt. I
legal framework for the governance of natural resources in States
Introductory remarks to Part I
33
2.
Defining the right of peoples and States to freely exploit their natural resources: permanent sovereignty over natural resources
34
2.1.
Introductory remarks
34
2.2.
Evolution of the principle of permanent sovereignty over natural resources
35
2.2.1.
Early recognition: permanent sovereignty and the right to self-determination
35
2.2.2.
1962 Declaration and the following years: regulating foreign investment
36
2.2.3.
From resource rights to duties: permanent sovereignty and sustainable development
40
2.2.4.
Other duties: towards a people-oriented concept of permanent sovereignty
43
2.3.
nature and legal status of the principle of permanent sovereignty over natural resources
46
2.4.
Legal subjects of the principle of permanent sovereignty over natural resources
49
2.5.
position of governments under international law
50
2.6.
Concluding remarks
57
3.
closer look at peoples as subjects and beneficiaries of the principle of permanent sovereignty over natural resources
58
3.1.
Introductory remarks
58
3.2.
more detailed definition of `peoples'
59
3.2.1.
definition of `peoples'
59
3.2.2.
`Peoples' in the sense of indigenous peoples
63
3.2.3.
Concluding remarks on the definition of `peoples'
66
3.3.
right to self-determination
66
3.3.1.
Evolution of the right to self-determination
67
3.3.2.
nature and legal status of the right to self-determination
80
3.3.3.
Implementation of the right to economic self-determination in the sovereign State
84
3.4.
right to development
90
3.4.1.
Evolution of the right to development
91
3.4.2.
nature and legal status of the right to development
98
3.4.3.
implementation of the right to development within the sovereign State
101
3.5.
Appraisal
102
4.
Environmental law obligations relevant to the governance of natural resources
105
4.1.
Introductory remarks
105
4.2.
Origins and structure of international environmental law
106
4.2.1.
Origins of international environmental law
106
4.2.2.
Structure of international environmental law
109
4.3.
Principles resulting from international environmental law
112
4.3.1.
obligation to conserve and sustainably use natural wealth and resources
112
4.3.2.
obligation to safeguard natural resources for future generations
118
4.3.3.
obligation to prevent damage to the environment of other States
122
4.3.4.
obligation to adopt a precautionary approach to protect the environment and natural resources
129
4.4.
Common regimes
138
4.4.1.
Natural resources situated within State territory with special importance for the international community
139
4.4.2.
Common concern
142
4.4.3.
Shared natural resources
143
4.5.
Conclusions
147
Concluding remarks to Part I
149
pt. II
governance of natural wealth and resources in situations of armed conflict
Introductory remarks to Part II
155
5.
role of international human rights and environmental law in situations of armed conflict
157
5.1.
Introductory remarks
157
5.2.
outbreak of armed conflict as grounds for the termination or suspension of treaties
161
5.2.1.
General principles concerning the effects of armed conflict on treaties
161
5.2.2.
Human rights instruments
164
5.2.3.
International environmental treaties
172
5.2.4.
Conclusions on the outbreak of armed conflict as a ground for the termination or suspension of treaties
177
5.3.
Termination or suspension of treaties under the 1969 Vienna Convention on the Law of Treaties
179
5.3.1.
Material breach
179
5.3.2.
Supervening impossibility of performance
182
5.3.3.
Fundamental change of circumstances
184
5.3.4.
Conclusions on the relevance of other grounds for the termination or suspension of treaties in situations of armed conflict
186
5.4.
Circumstances precluding wrongfulness
187
5.4.1.
Force majeure
188
5.4.2.
Necessity
189
5.5.
Customary international law
191
5.5.1.
principle of permanent sovereignty over natural resources
192
5.5.2.
environmental principles of sustainable use and prevention of environmental damage
194
5.6.
Concluding remarks on the role of international human rights and environmental law in situations of armed conflict
196
6.
Protection of natural resources and the environment under international humanitarian law
200
6.1.
Introductory remarks
200
6.2.
Qualification of the legal situation
202
6.2.1.
Internal armed conflict
203
6.2.2.
International armed conflict
208
6.2.3.
relevance of the distinction between international and internal armed conflict
213
6.3.
International humanitarian law protection of natural resources and the environment
215
6.3.1.
protection of property
217
6.3.2.
protection of civilian objects
233
6.4.
Martens Clause
245
6.5.
Preliminary conclusions
250
Concluding remarks to Part II
255
pt. III
governance of natural resources as part of conflict resolution and post-conflict peacebuilding efforts
Introductory remarks to Part III
263
7.
UN Security Council and resource-related armed conflicts
267
7.1.
Introductory remarks
267
7.2.
General remarks concerning sanctions
269
7.3.
Early examples of resource-related sanctions regimes
273
7.3.1.
232 Southern Rhodesia Sanctions Regime
274
7.3.2.
661 Iraq Sanctions Regime
277
7.3.3.
Comparing the sanctions regimes
281
7.4.
Selective commodity sanctions
282
7.4.1.
792 Cambodia Sanctions Regime
282
7.4.2.
864 UNITA Sanctions Regime
289
7.4.3.
1132 Sierra Leone Sanctions Regime
293
7.4.4.
1343 Liberia Sanctions Regime
297
7.4.5.
1521 Liberia Sanctions Regime
302
7.4.6.
1572 Cote d'Ivoire Sanctions Regime
307
7.4.7.
Comparing the sanctions regimes
313
7.5.
From commodity sanctions to targeted sanctions
315
7.5.1.
1493 DR Congo Sanctions Regime
315
7.5.2.
1970 Libya Sanctions Regime
322
7.5.3.
Comparing the sanctions regimes
328
7.6.
Peacekeeping operations and sanctions implementation
329
7.6.1.
General remarks concerning peacekeeping operations
329
7.6.2.
Peacekeeping operations and natural resources
331
7.6.3.
Appraisal
342
7.7.
From conflict resolution to peacebuilding: the role of the UN Peacebuilding Commission
343
7.7.1.
Country-specific configurations
345
7.7.2.
Working Group on Lessons Learned
350
7.7.3.
Appraisal
351
7.8.
Appraisal of the Security Council's approach to addressing the links between natural resources and armed conflict
354
7.8.1.
Legal basis
355
7.8.2.
Objectives
355
7.8.3.
Evolution in the approach of the Security Council
359
7.8.4.
Sustainability: a missed opportunity
361
7.8.5.
role of the Security Council
363
8.
Addressing resource-related armed conflicts with informal normative processes
366
8.1.
Introductory remarks
366
8.2.
Kimberley Process for the Certification of Rough Diamonds
369
8.2.1.
Context
369
8.2.2.
Scope and objectives of the scheme
371
8.2.3.
Participants and institutional structure
374
8.2.4.
Operation of the scheme
375
8.2.5.
International recognition of the Kimberley Process
379
8.2.6.
Appraisal of the initiative
380
8.3.
Extractive Industries Transparency Initiative
383
8.3.1.
Context
383
8.3.2.
Scope and objectives of the initiative
384
8.3.3.
Participants and institutional structure
386
8.3.4.
Operation
387
8.3.5.
International recognition of the initiative
389
8.3.6.
Appraisal of the initiative
393
8.4.
OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas
395
8.4.1.
Context
395
8.4.2.
Scope and objectives of the initiative
397
8.4.3.
Participants and institutional structure
400
8.4.4.
Operation
403
8.4.5.
International recognition of the initiative
405
8.4.6.
Appraisal of the initiative
408
8.5.
Substantive contribution of the initiatives to improving resource governance
410
8.6.
Effectiveness of the initiatives
412
8.7.
Concluding remarks
414
Concluding remarks to Part III
417
9.
contribution of international law to addressing the challenges ensuing from resource-related armed conflicts
419
9.1.
Introductory remarks
419
9.2.
Stopping natural resources from financing and fuelling armed conflict
421
9.3.
Improving the governance of natural resources within States
426
9.4.
Proposals for strengthening the international legal framework
429
Bibliography
432
United Nations documents
455
Survey of UN Security Council practice in relation to natural resources
455
Resolutions
455
Principal Reports by Panels of Experts
460
Presidential Statements
462
General Assembly Resolutions
462
Other UN documents and reports
464
Index
468