ABSTRACT

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.

chapter |10 pages

Introduction

ByShawkat Alam, Jahid Hossain Bhuiyan, Jona Razzaque

part 1|72 pages

Natural resources law and investment law

chapter |3 pages

Foreword

ByShawkat Alam

chapter 1|30 pages

International natural resources law and sustainable investment

Principles and practices
ByShawkat Alam, Jahid Hossain Bhuiyan, Jona Razzaque

chapter 2|17 pages

Sovereign rights, state obligations and natural resources

ByUpendra Baxi

part 2|152 pages

Balancing competing interests

chapter |2 pages

Foreword

ByKamal Hossain

chapter 4|22 pages

Natural resources management and sustainable development in the WTO legal system

Implications for the investment regime
ByIlaria Espa

chapter 5|24 pages

Natural resource protection in regional and bilateral investment agreements

In search of an equitable balance for promoting sustainable development
ByShawkat Alam

chapter 6|30 pages

Arbitration and natural resource protection

ByMariel Dimsey

chapter 8|20 pages

Regulatory strategies, CSR and resource protection

ByPaolo Galizzi, Emily Smith Ewing

part 3|156 pages

Changing dynamics

chapter |6 pages

Foreword

ByPhilippe Cullet

chapter 10|21 pages

Water, investment and sustainability

ByRebecca Bates

chapter 11|24 pages

Sustainable agricultural investment and the Global South

ByJona Razzaque, Phuong Le

chapter 12|23 pages

Sustainable mining, human rights and foreign investment

Nexus and challenges
ByAbdullah Al Faruque

chapter 13|19 pages

International indigenous rights, investment and sustainability in the mining sector

ByAndrew Erueti, Sarah Down, Jacinta Ruru

chapter 14|21 pages

Financing energy resources and sustainable development

ByPriscilla Schwartz

chapter 15|21 pages

Carbon trading as a climate change mitigation tool

ByBeatriz Garcia

chapter 16|20 pages

Modern biofuels

The road to integrated sustainability
ByFeja Lesniewska

part 4|62 pages

Conflict, corruption and liability

chapter |3 pages

Foreword

ByBenjamin J. Richardson

chapter 17|21 pages

Natural resources, conflict and investment

Conflict minerals in the Democratic Republic of Congo and the challenges to sustainable investment
ByOnita Das

chapter 18|19 pages

Corruption, investment and natural resources

ByAdam Simpson

chapter 19|18 pages

Criminal liability for exploitation of natural resources

ByMichael Faure