Shawkat Alam (editor) - International Natural Resources Law, Investment and Sustainability

International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture and carbon trading. Despite varying perspectives, it is clear that several themes are central inconsidering the linkages between natural resources, investment and sustainability.Specifically, transparency, good governance and citizen empowerment arevital conditions which encourage positive social, economic and environmentaloutcomes for developing countries. In addition, this book provides new insightsinto key concepts which underpin international law, including sovereign rightsand state responsibility principles. It is clear from this book that in the attemptto reconcile these concepts and principles from separate legal regimes, complexpolicy questions emerge whereby it is difficult to attain mutually beneficial orsuccinct outcomes. This book explores how countries prioritise their policyobjectives to achieve their notion of sustainable natural resource use, which isstrongly influenced by power imbalances that inform NorthSouth cooperation,as well as SouthSouth cooperation in the international investment regime.

This book will be of great interest to students, academics and researchers ofinternational environmental law, international human rights law, internationalinvestment law and international economic law. This book may also be of relevanceto environmentalists, policy-makers, NGOs, and investors working in thenatural resources field.

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.

Routledge Research in International Environmental Law

A full list of titles in this series is available at: www.routledge.com/Routledge-Research-in-International-Environmental-Law/book-series/INTENVLAW

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Ecological Integrity and Global Governance

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Environmental Law and the Ecosystem Approach

Maintaining Ecological Integrity through Consistency in Law

Froukje Maria Platjouw

Stratospheric Ozone Damage and Legal Liability

US Public Policy and Tort Litigation to Protect the Ozone Layer

Lisa Elges

Ecological Restoration in International Environmental Law

Anastasia Telesetsky, An Cliquet and Afshin Akhtar-Khavari

Sustainable Development Principles in the Decisions of International Courts and Tribunals

19922012

Marie-Claire Cordonier Segger and H.E. Judge C.G. Weeramantry

Culture and International Economic Law

Valentia Vadi and Bruno de Witte

International Natural Resources Law, Investment and Sustainability

Edited by Shawkat Alam, Jahid Hossain Bhuiyan and Jona Razzaque

Protecting Traditional Knowledge

The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

Edited by Daniel F. Robinson, Ahmed Abdel-Latif and Pedro Roffe

Edited by
Shawkat Alam, Jahid Hossain Bhuiyan and Jona Razzaque

First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge
711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2018 selection and editorial matter, Shawkat Alam, Jahid Hossain Bhuiyan and Jona Razzaque; individual chapters, the contributors

The right of the editors to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

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A catalogue record for this book is available from the British Library

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ISBN: 978-1-138-84870-2 (hbk)
ISBN: 978-1-315-72607-6 (ebk)

Typeset in Galliard
by FiSH Books Ltd, Enfield

SHAWKAT ALAM, JAHID HOSSAIN BHUIYAN AND JONA RAZZAQUE

PART I
Natural resources law and investment law: Interactions

ELIZABETH MARUMA MREMA

SHAWKAT ALAM, JAHID HOSSAIN BHUIYAN AND JONA RAZZAQUE

UPENDRA BAXI

JAHID HOSSAIN BHUIYAN

PART II
Balancing competing interests

KAMAL HOSSAIN

ILARIA ESPA

SHAWKAT ALAM

MARIEL DIMSEY

JRGEN BRHMER

PAOLO GALIZZI AND EMILY SMITH EWING

ELENA MERINO BLANCO

Part III
Changing dynamics

PHILIPPE CULLET

REBECCA BATES

JONA RAZZAQUE AND PHUONG LE

ABDULLAH AL FARUQUE

ANDREW ERUETI, SARAH DOWN AND JACINTA RURU

PRISCILLA SCHWARTZ

BEATRIZ GARCIA

FEJA LESNIEWSKA

PART IV
Conflict, corruption and liability

BENJAMIN J. RICHARDSON

ONITA DAS

ADAM SIMPSON

MICHAEL FAURE

Shawkat Alam is Professor of Law and Director of the Centre for Environmental Law at Macquarie University, Australia. His research and teaching explore the relationship between international law, international environmental law and international trade and sustainable development. Professor Alam holds an LLB (Hons) from Rajshahi University, Bangladesh, an LLM from Dhaka University, Bangladesh, and a PhD from Macquarie University. He has recently co-edited International Environmental Law and the Global South (Cambridge University Press, 2015), International Trade Law and the WTO (Federation Press, 2013) and Routledge Handbook of International Environmental Law (Routledge, 2012) and has authored several other books and scholarly articles. Professor Alam is a member of the IUCN Academy of Environmental Law and is engaged in its Teaching and Capacity Building Committee.