ABSTRACT
This chapter traces the evolution of customary law doctrine through various United Nations bodies and then tries to link it to the problem of indigenous spoliation. The opposition emphasized that the Permanent Sovereignty Commission proposed by the Human Rights Commission would pay due regard to the rights and duties of States under international law. The concept of permanent sovereignty over natural resources had its genesis in the Eighth Session of the Human Rights Commission of the United Nations. The Economic and Social Council of the United Nations (ECOSOC) ultimately agreed to transmit both the United States proposal and the draft resolution of the Human Rights Commission to the General Assembly. Resolution 1803, entitled Permanent Sovereignty over Natural Resources, constitutes the broadest, most explicit declaration from the United Nations on the subject. The European Economic Community countries, the United States, Japan and Australia insisted upon linking the concept of permanent sovereignty with other rules of international law.
