International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations (Cambridge Studies in International and Comparative Law, Series Number 121)

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-- 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-- 1. Introduction -- Part I. The Legal Framework For The Governance Of Natural Resources In States -- 2. Defining The Right Of Peoples And States To Freely Exploit Their Natural Resources: Permanent Sovereignty Over Natural Resources -- 3. A Closer Look At Peoples As Subjects And Beneficiaries Of The Principle Of Permanent Sovereignty Over Natural Resources -- 4. Environmental Law Obligations Relevant For The Governance Of Natural Resources -- Part Ii. The Governance Of Natural Wealth And Resources In Situations Of Armed Conflict -- 5. The Role Of International Human Rights And Environmental Law In Situations Of Armed Conflict -- 6. Protection Of Natural Resources And The Environment Under International Humanitarian Law -- Part Iii. The Governance Of Natural Resources As Part Of Conflict Resolution And Post-conflict Peacebuilding Efforts -- 7. The Un Security Council And Resource-related Armed Conflicts -- 8. Addressing Resource-related Armed Conflicts With Informal Normative Processes -- 9. The Contribution Of International Law To Addressing The Challenges Ensuing From Resource-related Armed Conflicts. Daniëlla Dam-de Jong. Includes Bibliographical References And Index. Cover Half title Series Title Copyright Dedication Epigraph Contents Acknowledgements Table of treaties Table of cases 1 Introduction 1.1 Relationships between natural resource wealth and armed conflict 1.2 The actors involved in resource-related armed conflicts 1.2.1 Domestic governments 1.2.2 Foreign States 1.2.3 Armed groups 1.2.4 Companies 1.3 Implications for strategies to address resource-related armed conflicts 1.4 Definition of terms used in this book 1.5 Aim of the book 1.6 Structure of the book Part I The legal framework for the governance of natural resources in States Introductory remarks to Part I 2 Defining the right of peoples and States to freely exploit their natural resources: permanent sovereignty over natural resources 2.1 Introductory remarks 2.2 Evolution of the principle of permanent sovereignty over natural resources 2.2.1 Early recognition: permanent sovereignty and the right to self-determination 2.2.2 The 1962 Declaration and the following years: regulating foreign investment 2.2.3 From resource rights to duties: permanent sovereignty and sustainable development 2.2.4 Other duties: towards a people-oriented concept of permanent sovereignty 2.3 The nature and legal status of the principle of permanent sovereignty over natural resources 2.4 Legal subjects of the principle of permanent sovereignty over natural resources 2.5 The position of governments under international law 2.6 Concluding remarks 3 A closer look at peoples as subjects and beneficiaries of the principle of permanent sovereignty over natural resources 3.1 Introductory remarks 3.2 A more detailed definition of ‘peoples’ 3.2.1 A definition of ‘peoples’ 3.2.2 ‘Peoples’ in the sense of indigenous peoples 3.2.3 Concluding remarks on the definition of ‘peoples’ 3.3 The right to self-determination 3.3.1 Evolution of the right to self-determination 3.3.2 The nature and legal status of the right to self-determination 3.3.3 Implementation of the right to economic self-determination in the sovereign State 3.4 The right to development 3.4.1 Evolution of the right to development 3.4.2 The nature and legal status of the right to development 3.4.3 The implementation of the right to development within the sovereign State 3.5 Appraisal 4 Environmental law obligations relevant to the governance of natural resources 4.1 Introductory remarks 4.2 Origins and structure of international environmental law 4.2.1 Origins of international environmental law 4.2.2 Structure of international environmental law 4.3 Principles resulting from international environmental law 4.3.1 The obligation to conserve and sustainably use natural wealth and resources 4.3.2 The obligation to safeguard natural resources for future generations 4.3.3 The obligation to prevent damage to the environment of other States 4.3.4 The obligation to adopt a precautionary approach to protect the environment and natural resources 4.4 Common regimes 4.4.1 Natural resources situated within State territory with special importance for the international community 4.4.2 Common concern 4.4.3 Shared natural resources 4.5 Conclusions Concluding remarks to Part I Part II The governance of natural wealth and resources in situations of armed conflict Introductory remarks to Part II 5 The role of international human rights and environmental law in situations of armed conflict 5.1 Introductory remarks 5.2 The outbreak of armed conflict as grounds for the termination or suspension of treaties 5.2.1 General principles concerning the effects of armed conflict on treaties 5.2.2 Human rights instruments 5.2.3 International environmental treaties 5.2.4 Conclusions on the outbreak of armed conflict as a ground for the termination or suspension of treaties 5.3 Termination or suspension of treaties under the 1969 Vienna Convention on the Law of Treaties 5.3.1 Material breach 5.3.2 Supervening impossibility of performance 5.3.3 Fundamental change of circumstances 5.3.4 Conclusions on the relevance of other grounds for the termination or suspension of treaties in situations of armed conflict 5.4 Circumstances precluding wrongfulness 5.4.1 Force majeure 5.4.2 Necessity 5.5 Customary international law 5.5.1 The principle of permanent sovereignty over natural resources 5.5.2 The environmental principles of sustainable use and prevention of environmental damage 5.6 Concluding remarks on the role of international human rights and environmental law in situations of armed conflict 6 Protection of natural resources and the environment under international humanitarian law 6.1 Introductory remarks 6.2 Qualification of the legal situation 6.2.1 Internal armed conflict 6.2.2 International armed conflict 6.2.3 The relevance of the distinction between international and internal armed conflict 6.3 International humanitarian law protection of natural resources and the environment 6.3.1 The protection of property 6.3.2 The protection of civilian objects 6.4 The Martens Clause 6.5 Preliminary conclusions Concluding remarks to Part II Part III The governance of natural resources as part of conflict resolution and post-conflict peacebuilding efforts Introductory remarks to Part III 7 The UN Security Council and resource-related armed conflicts 7.1 Introductory remarks 7.2 General remarks concerning sanctions 7.3 Early examples of resource-related sanctions regimes 7.3.1 The 232 Southern Rhodesia Sanctions Regime 7.3.2 The 661 Iraq Sanctions Regime 7.3.3 Comparing the sanctions regimes 7.4 Selective commodity sanctions 7.4.1 The 792 Cambodia Sanctions Regime 7.4.2 The 864 UNITA Sanctions Regime 7.4.3 The 1132 Sierra Leone Sanctions Regime 7.4.4 The 1343 Liberia Sanctions Regime 7.4.5 The 1521 Liberia Sanctions Regime 7.4.6 The 1572 Côte d’Ivoire Sanctions Regime 7.4.7 Comparing the sanctions regimes 7.5 From commodity sanctions to targeted sanctions 7.5.1 The 1493 DR Congo Sanctions Regime 7.5.2 The 1970 Libya Sanctions Regime 7.5.3 Comparing the sanctions regimes 7.6 Peacekeeping operations and sanctions implementation 7.6.1 General remarks concerning peacekeeping operations 7.6.2 Peacekeeping operations and natural resources 7.6.3 Appraisal 7.7 From conflict resolution to peacebuilding: the role of the UN Peacebuilding Commission 7.7.1 Country-specific configurations 7.7.2 Working Group on Lessons Learned 7.7.3 Appraisal 7.8 Appraisal of the Security Council’s approach to addressing the links between natural resources and armed conflict 7.8.1 Legal basis 7.8.2 Objectives 7.8.3 Evolution in the approach of the Security Council 7.8.4 Sustainability: a missed opportunity 7.8.5 The role of the Security Council 8 Addressing resource-related armed conflicts with informal normative processes 8.1 Introductory remarks 8.2 The Kimberley Process for the Certification of Rough Diamonds 8.2.1 Context 8.2.2 Scope and objectives of the scheme 8.2.3 Participants and institutional structure 8.2.4 Operation of the scheme 8.2.5 International recognition of the Kimberley Process 8.2.6 Appraisal of the initiative 8.3 Extractive Industries Transparency Initiative 8.3.1 Context 8.3.2 Scope and objectives of the initiative 8.3.3 Participants and institutional structure 8.3.4 Operation 8.3.5 International recognition of the initiative 8.3.6 Appraisal of the initiative 8.4 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas 8.4.1 Context 8.4.2 Scope and objectives of the initiative 8.4.3 Participants and institutional structure 8.4.4 Operation 8.4.5 International recognition of the initiative 8.4.6 Appraisal of the initiative 8.5 Substantive contribution of the initiatives to improving resource governance 8.6 Effectiveness of the initiatives 8.7 Concluding remarks Concluding remarks to Part III 9 The contribution of international law to addressing the challenges ensuing from resource-related armed conflicts 9.1 Introductory remarks 9.2 Stopping natural resources from financing and fuelling armed conflict 9.3 Improving the governance of natural resources within States 9.4 Proposals for strengthening the international legal framework Bibliography United Nations Documents Survey of UN Security Council practice in relation to natural resources Resolutions Principal Reports by Panels of Experts Presidential Statements General Assembly Resolutions Other UN documents and reports Index