Dismantling resource sovereignty in the context of the right to a healthy environment

Razzaque, Jona

Abstract

Resource sovereignty indicates the rights of the states to explore, develop and dispose of their natural resources and is set out in the UNGA Resolution 1803 which declares unequivocally that “[t]he right of peoples and nations to permanent sovereignty over their natural wealth must be exercised in the interest of their national development and of the well-being of the people of the State concerned.” However, a number of external factors limit the sovereign right of the states on natural resources such as the influence of international agreements, export market requirements in trade, and requirements of multilateral lending agencies. The non-absolute form of sovereignty suggests that states, by entering into international agreements and agreeing to abide by the rules of international institutions, have imposed restrictions on their resource sovereignty and exacerbated North-South divide. This paper explores the influence of international law and non-state actors in managing natural resources at the national level. While state remains as the primary actor regulating the resource sectors (e.g., water, energy, biodiversity), the focus of this paper is first to assess the level of influence external bodies have on the national environmental laws and policies. Second, the paper examines the impacts of a right to a healthy environment on resource sovereignty. The discussion here focuses on the North-South dynamics and the power allocation within and outside the state.

• Deposit Date: Mar 1, 2024
• Pages: 161-181
• Book Title: Order and Disorder in Geopolitics and Global Governance
• Public URL: https://uwe-repository.worktribe.com/output/11752934
• Contract Date: Nov 15, 2023