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In: Natural Resources Grabbing: An International Law Perspective


This chapter examines different forms of traditional, state-led law-making in treaties tackling ocean matters to assess whether these normative developments can meet the challenges posed by the evolving nature of ocean governance in its scientific, technological, political, economic and environmental dimensions. This contribution addresses the following questions: are the traditional rules capable of dealing with regime developments and their interactions? Are the safeguards provided by the formalism at odds with the need of ocean treaties to evolve in light of changing circumstances? Should informal or alternative law-making models be considered?

In: Regime Interaction in Ocean Governance
In: Energy from the Sea
In: Natural Resources Grabbing: An International Law Perspective
In: Natural Resources Grabbing: An International Law Perspective
In: Natural Resources Grabbing: An International Law Perspective
The growing demand for natural resources has triggered a “race” to their exploitation and possession, especially in developing countries. Most desired are water, land, forests, raw materials (oil, gas, mineral and precious stones), fisheries and genetic resources. Emerging economies, Western states, multinational corporations and international financial institutions have become the biggest “buyers” in a race that on one hand strengthens economies and creates investment opportunities and on the other threatens local communities and environmental protection.

Natural Resources Grabbing: An International Law Perspective aims at filling a gap in the legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.

This article addresses treaty-based regimes and the so-called Ocean Corporate Social Responsibility (ocsr) that are relevant to marine environmental protection and energy activities. In this context, special attention is paid to the interactions among the legal regimes in which the environmental and safety rules and standards are adopted and to the effects of the regulatory technique of “legislation by reference”. After examining the relevant obligations of States within the framework of the un Convention on the Law of the Sea and the International Maritime Organization, the authors analyse ocsr, especially its preventive, damage mitigation and compensatory functions and its potential synergies with the treaty-based regimes.

In: The International Journal of Marine and Coastal Law