Suchergebnisse

Introduction -- Part I. Natural resources law and investment law: interactions. Foreword / Elizabeth Maruma Mrema -- 1. International natural resources law and sustainable investment: principles and practices / Shawkat Alam, Jahid Hossain Bhuiyan, Jona Razzaque -- 2. Sovereign rights, state obligations and natural resources / Upendra Baxi -- 3. Evolution of the permanent sovereignty over natural resources in the context of the investment regime / Jahid Hossain Bhuiyan -- Part II. Balancing competing interests. Foreword / Kamal Hossain -- 4. Natural resources management and sustainable development in the WTO legal system: implications for the investment regime / Ilaria Espa -- 5. Natural resource protection in regional and bilateral investment agreements: in search of an equitable balance for promoting sustainable development / Shawkat Alam -- 6. Arbitration and natural resource protection / Mariel Dimsey -- 7. Expropriation, nationalisation and resource protection -- 'resource nationalism' and international law / Jürgen Bröhmer -- 8. Regulatory strategies, CSR and resource protection / Paolo Galizzi, Emily Smith Ewing -- 9. State owned oil companies, North-South and South-South perspectives on investment / Elena Merino Blanco -- Part III. Changing dynamics. Foreword / Philippe Cullet -- 10. Water, investment and sustainability / Rebecca Bates -- 11. Sustainable agricultural investment and the Global South / Jona Razzaque, Phuong Le -- 12. Sustainable mining, human rights and foreign investment: Nexus and challenges / Abdullah Al Faruque -- 13. International indigenous rights, investment and sustainability in the mining sector / Andrew Erueti, Sarah Down, Jacinta Ruru -- 14. Financing energy resources and sustainable development / Priscilla Schwartz -- 15. Carbon trading as a climate change mitigation tool / Beatriz Garcia -- 16. Modern biofuels: the road to integrated sustainability / Feja Lesniewska -- Part IV. Conflict, corruption and liability. Foreword / Benjamin J. Richardson -- 17. Natural resources, conflict and investment: conflict minerals in the Democratic Republic of Congo and the challenges to sustainable investment / Onita Das -- 18. Corruption, investment and natural resources / Adam Simpson -- 19. Criminal liability for exploitation of natural resources / Michael Faure

In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due. Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I would like to speculate a bit about how these sciences might influence the role of the courts. I will attempt to suggest lines of inquiry where descriptive and normative legal theories of natural resource allocation might draw upon insights from disciplines other than economics which has claimed such a prominent, and some would say disproportionate, role in contemporary legal scholarship. [This paper was presented initially to the Institute for Natural Resource Law Teachers, May 28-30, 1981, University of Colorado School of Law, Boulder, Colorado.]

Despite the extraordinary proliferation of instruments of international environmental law since the 1972 UNCHE Conference in Stockholm, it appears that diverse forces are acting to maintain the internal coherence of this sub-field of international law, as well as its position firmly within the international law system. A range of institutions and processes ensure the continuing unitary nature of international environmental law within a unitary system of international law, notably including the universalist instincts of the International Court of Justice, the codification routinely undertaken by the International Law Commission, and the universal, pervasive and indivisible character of increasingly relevant human rights norms. These processes of "convergence" act to unify and enrich the fabric of the increasingly elaborate and sophisticated complex of rules, principles and institutional structures comprising international environmental law, while suggesting its growing developmental maturity after 50 years of frenetic evolution and supporting its continuing coherent elaboration.

The article explores the special legal regime of natural resources. The position is evaluated of the Constitutional Court of the Russian Federation also and the provisions of the General theory of law on a special legal regime are considered. Analyzed the special legal regime of natural resources. Nature is investigated as an exceptional value for society and, accordingly, the object of a special legal regime.

Introduction -- The foundation cases -- Navigability and its evolution -- Wetlands -- Water rights -- The wildlife trust -- Beaches -- Parks and public lands -- The atmospheric trust and the climate crisis -- Private property and the public trust doctrine -- The public trust doctrine abroad -- Frontiers of the public trust.