International Natural Resources Law, Investment and Sustainability

Introduction

SHAWKAT ALAM, JAHID HOSSAIN BHUIYAN AND JONA RAZZAQUE

Foreword

ELIZABETH MARUMA MREMA

1 International natural resources law and sustainable investment: Principles and practices

SHAWKAT ALAM, JAHID HOSSAIN BHUIYAN AND 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

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 AND EMILY SMITH EWING

9 State owned oil companies, North–South and South–South perspectives on investment

ELENA MERINO BLANCO

Foreword

PHILIPPE CULLET

10 Water, investment and sustainability

REBECCA BATES

11 Sustainable agricultural investment and the Global South

JONA RAZZAQUE AND 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 D

Biography

Shawkat Alam is a Professor of Law and Director of the Centre for Environmental Law at Macquarie University, Australia.

Jahid Hossain Bhuiyan is an Associate Professor in the Department of Law, Northern University, Bangladesh.

Jona Razzaque is a Professor of Environmental Law at Bristol Law School, University of the West of England Bristol, UK

"In recent years, a surge in natural resource investments has prompted both hopes and fears for efforts to promote sustainable development, and created new challenges for international lawyers. Yet few academic publications have explored the role of international law in addressing the interface between transnational investment processes and the management of natural resources. This rich collection of essays is therefore both relevant and timely. It covers impressively vast ground, combining thoughtful analyses of the foundational issues with a discussion of recent developments in specific sectors or themes. A recommended reading for anybody interested in the international legal dimensions of resource-based investments." –Lorenzo Cotula, International Institute for Environment and Development, UK

"The collection of papers published in this volume entitled International Natural Resources Law, Investment and Sustainability is timely as it comes soon after the adoption of the United Nations Declaration on Sustainable Development (SDGs) in September 2015 and the first report of the International Law Association’s Committee on Sustainable Natural Resources Management for Development in 2016. The analyses of different legal aspects of the complex concept of sustainable development will be valuable, in particular, for those devising national strategies for implementation of the SDGs. The challenge of change which societies face in different stages of development has needed a framework which would identify and elucidate the different facets of sustainable development. Juristic writings such as those contained in this volume contribute to a better understanding of the different dimensions of the complex concept, which is necessary if appropriate polices and strategies are to be devised to realize sustainable development." –Dr Kamal Hossain, Senior Advocate, Supreme Court of Bangladesh, Bangladesh