Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Arbitration
 Aviation Law
 Bangladesh Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email




Published : November 22, 2017 | Author : garima pawse
Category : Miscellaneous | Total Views : 366 | Rating :

  
garima pawse
Law Student
 

Concept of Permanent Sovereignty over Natural Sources

The origin of PSNR can be traced back to numerous resolutions which passed in the United Nations General Assembly (UNGA). While in general recommendations taken by the UNGA have no binding effect on the member states (with decisions taken in budgetary, elective or admissive matters (internal workings) being an exception), there nevertheless have been many instances in which UNGA Resolutions have considerably contributed to the formation of customary international law in one or another way. This has also found evidence in several judgments of the International Court of Justice (ICJ), as well as of other judicial bodies. Thus, the common repetition and recitation of previous resolutions serve as proof of a strong opinio iuris that the principle of PSNR has been accepted as a norm of customary international law.

In the time since, it has evolved into an established set of rights and obligations in a wide range of different legal regimes. Not only does it touch upon fields such as International Investment Law, the Law of the Sea, International Trade Law and the self-determination of peoples but also has and likewise receives a significant impact on and from International Environmental Law. Moreover, the principle of PSNR has evolved from a tool of developing states into an instrument not only directed at all states, but also being claimed by indigenous peoples.

In its original conception, the ultimate control over natural resources falls to and remains at all times – hence permanent - with the state, and accordingly, activities related to their development, exploitation and utilization are subjected to the state’s national laws. A state can rely on the principle to invalidate existing agreements and re-negotiate existing concessions. Moreover, it may choose to enter into international or national contracts granting other entities access to its natural resources and is free to create an environment encouraging foreign and domestic investments by guaranteeing certain minimum degrees of investment protection. This occurs in the form of regional and multilateral trade agreements (which include investment provisions) but most often takes place via investment codes or Bilateral Investment Treaties (BITs). In general, such include provisions ensuring foreign investors fair and equitable treatment concerning their activities within the host state.

The capability of a state to engage in international trade activities as well as economic transactions with regard to their natural resources in a system based on equality, equity and mutual benefits is decisive for the full enjoyment of self-determination. Thus, political sovereignty and economic sovereignty are dependent upon each other.

Moreover, the right to economic self-determination also includes the regulation of fair and just economic trade relations and the common goal of economic prosperity and growth in the international agenda. With the core of the right laying in the economic aspects of the principle of PSNR, the reflection of its rationale can be found in instruments such as the Declaration on the Establishment of a New International Economic Order and in the Charter of Economic Rights and Duties of States. Secondly, the right to self-determination includes the right to social development. International peace and security as well as a fair and equitable advancement of the world community is based on a just social order which enables all human beings to live in dignity and freedom. Everyone shall therefore be able to participate in all levels of society, i.e. labor, ownership and property, family, education, housing. The fulfillment of these rights originates in economic development and at the same time reasons the need for such. Finally, due to the fact that the encouragement and diffusion of culture and education is essential for the attainment of human dignity as well as a reflection of the principle of equality, cultural development constitutes an element of the right to self-determination as well. Cultural life can be understood as the totality of practices and attitudes which have an effect on man’s capability of expressing himself, defining his position within the world community, forming his environment, communicating with others and in their totality form part of the common heritage of mankind. This also includes specific, historically originated, ways of living which are often shared with other members of a community, such as a “particular way of life associated with the use of land resources”. Thus, peace and international cooperation must be based on respect for the way of life and customs of peoples. Every people therefore shall enjoy the right and duty to develop its own culture and at the same time co-operate with one another to spread and share their knowledge, skills and talents to enrich cultures.

Indigenous people and their claim to Self Determination

Historically, indigenous peoples were not within the realm of application of the principle of self-determination, also due to the fact that international law was overall deficient in recognizing them as possible right-bearers. However, with an increased awareness of recognizing indigenous peoples as subjects of international law it has been argued that they have the right to political, economic, social and cultural self-determination. Under the concept of self-determination, indigenous peoples have therefore have brought forth claims to exercise their traditional way of life, to have the right to achieve sustainable development via indigenous practices, to participate in the benefits derived by the utilization of resources located on their lands, and most importantly to be subjects to the principle of PSNR as well. Moreover, indigenous peoples have maintained that they enjoy the right to have representative political institutions; to have sufficient access to their lands, territories and natural resources in order to preserve and develop cultural practices and traditions; to be free of adverse discrimination; to receive fair and equitable compensation and reparation for violations of their interests and property occurring without their free, prior and informed consent; to have access to the necessary means to ensure their equitable economic, social and cultural development; and to freely choose their own policies for their development.

Moreover, indigenous peoples have maintained that they enjoy the right to have representative political institutions; to have sufficient access to their lands, territories and natural resources in order to preserve and develop cultural practices and traditions; to be free of adverse discrimination; to receive fair and equitable compensation and reparation for violations of their interests and property occurring without their free, prior and informed consent; to have access to the necessary means to ensure their equitable economic, social and cultural development; and to freely choose their own policies for their development. States and international institutions often acknowledge that indigenous peoples have achieved the status of beneficiaries of self-determination. It has especially found recognition with regard to such indigenous groups that possess a distinct identity, with historically social, cultural and political diverse elements of society from the majority of the population of a state. S. James Anaya identifies five major sets of rights in relation to self determination which have been accepted as applying to indigenous peoples: freedom from discrimination; respect for cultural integrity; lands and natural resources; social welfare and development; and self-government and autonomy concerning internal affairs. However, states remain keen to preserve their territorial integrity.

Conclusion:
The concept of PSNR has been an internationally accepted principle since approximately 50 years. Throughout this period, the rights and obligations which can be considered to fall within its scope have expanded and incorporated newly arising interests. This was the case with regard to international investment law as well as international environmental law. Nevertheless, the primary intention of PSNR, to rectify previous injustices and create new and equitable terms for international relations, has always prevailed. This also allows for an understanding why the original right underlying the principle – the right of peoples and states to freely dispose, use and exploit their natural resources in the interest of national development and for this purpose to regulate their economy – has remained hardly untouched by evolving norms, e.g. in the field of international investment law or international environmental law. The ability of the principle to function as a tool to eliminate inequality, discrimination, colonialism and racism also explains why indigenous peoples have come into discussion as constituting new subjects in this regard. The problematic issue in this regard is that only in very limited circumstances will indigenous peoples be entitled to external self-determination, and thus, in the traditional sense, enjoys full authority over their lands, territories and resources. The case-study of Greenland shows that although economic sufficiency flowing from control over natural resources is inevitable for independence, it is their perception as constituting a colonized people which sparks the international community to accept their quest for independence. Thus, even if states grant extensive rights to indigenous peoples with regard to their lands, territories and resources, and recognize their traditional land tenure systems as title to ownership, the state in general will remain in full control over its territory and therefore be able to freely utilize the lands, territories and natural resources to pursue its national development as well as choose its economic, environmental and developmental policies.

End-Notes
#
Jane A. Hofbauer, The Principle of Permanent Sovereignty over Natural Resources and Its Modern Implications, https://skemman.is/bitstream/1946/4602/1/Jane_Hofbauer.pdf
# N. Schrijver: Sovereignty over Natural Resources – Balancing Rights and Duties, http://catdir.loc.gov/catdir/samples/cam034/96033595.pdf
# Subhash c jain, permanent sovereignty over natural resources and nationalization, http://14.139.60.114:8080/jspui/bitstream/123456789/16524/1/009_Permanent Sovereignty over Natural Resources and Nationalization in International Law (241-256.pdf
# A. Anghie: Imperialism, Sovereignty, and the Making of International Law,
# N. Schrijver: Sovereignty over Natural Resources – Balancing Rights and Duties, http://catdir.loc.gov/catdir/samples/cam034/96033595.pdf
# S. R. Chowdhury: “Permanent Sovereignty over Natural Resources

 




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Miscellaneous category
Indian Partnership Act,1932
Law on Parking Spaces
Shops & Establishment Act of Punjab & Haryana
Role Of Election Commission
Restrictive & Extensive Definitions
Judicial Review in India And USA
Doctrine of Permissible Limits Under Delegated Legislation
Tribal Laws & Customs in India
Conversion and Reservation: Christian Dalits and the obstacles to social mobility
Enabling Statute: Rules of Interpretation
Is Poverty A Cause of Corruption
Factory in The Factories act,1948
Triple Talaq Explained
Whistleblowers and their Protection in India
Quasi-Federal Nature of Indian Constitution
Administrative law
Most recent articles in Miscellaneous category
Utility of WhatsApp a Major Risk
Notice of A Contract To Transfer of An Immovable Property
International Franchising Technology Transfer
The Law Against Sexual Harassment
Impacts of information technology in insurance industry
Advertising in Legal Profession
Evolution of Moral Rights in India: Revisiting Amarnath Sehgal v. Union of India
Administration of Central Vigilance Commission
Evolution of Corporate Criminal Liability In India
Easy Steps to Apply for Police Clearance Certificate India
A Study on Public Interest Litigation In Full Concept
Transitioning Families of India
Steps To Get CENOMAR From India In The Us For Marriage
All Roads Should Not Lead To The Supreme Court
Recording The Statement of Rape Victim - Section 164(5A)(a) of CrPC
Concept of Law of Nations and Its Sources

Article Comments

there are no comments...


Welcome!
Please login or register a new free account.

Random Pick
Child labor is a global phenomenon. In India it existed in one form or the other such as slaves, domestic servants, etc. since time immemorial.

Statistics
» Total Articles
1626
» Total Authors
4879
» Total Views
22790055
» Total categories
42

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3