Human Rights, Natural Resource and Investment Law in a Globalised World
Shades of Grey in the Shadow of the Law
In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment.
The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world.
Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world.
This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.
Table of Contents
1. Introduction 2. The conceptual framework: Property rights, negotiating power 3. Universal rights and differentiated rules: The international protection of property rights under human rights and investment law 4. Property rights and natural resource investments under national law in Africa 5. Property rights at two speeds: Contractual arrangements, standards of treatment and the dynamics of property rights 6. Conclusion
Dr Lorenzo Cotula is a Senior Researcher in Law and Sustainable Development at the International Institute for Environment and Development (IIED).