Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x24gv Total loading time: 0 Render date: 2024-05-01T18:31:49.526Z Has data issue: false hasContentIssue false

11 - Sovereignty over natural resources as a basis for sustainable development

Published online by Cambridge University Press:  23 October 2009

Nico Schrijver
Affiliation:
Vrije Universiteit, Amsterdam
Get access

Summary

This chapter highlights the main points of this study and draws some conclusions on the issues raised by the questions posed in chapter 1. The first set of questions related to the origin, development and legal status of the principle of permanent sovereignty over natural resources (‘permanent sovereignty’). This chapter deals with the two-fold origin of the principle, namely the sovereignty of States and the self-determination of peoples. The question of the law-creating functions of the UN General Assembly and the status of the principle in current international law, especially whether it can be accorded the status of jus cogens, are then discussed in turn.

Principles and rules of international law do not function in a vacuum, but in the living reality of a changing world. In line with the second set of questions, this chapter discusses the changing international context of the principle of permanent sovereignty, in particular the impact of changing perceptions of the scope of State sovereignty in an age of globalization, privatization, fragmentation and environmental deterioration. The developments in international investment law and the current significance of the ‘national’ and ‘international minimum’ standards are considered, as well as the question of the management of resource- and foreign-investment-related conflicts and the continuing contribution of the principle of permanent sovereignty as an instrument of protection and development.

Type
Chapter
Information
Sovereignty over Natural Resources
Balancing Rights and Duties
, pp. 368 - 396
Publisher: Cambridge University Press
Print publication year: 1997

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×