scholarly journals A People vs. Corporations? Self-determination, Natural Resources and Transnational Corporations in Western Sahara

2017 ◽  
pp. 15-66
Author(s):  
Raphaël Fišera
Keyword(s):  
Civil Society ◽  
Natural Resources ◽  
Oil And Gas ◽  
Transnational Corporations ◽  
Global Civil Society ◽  
Self Determination ◽  
Corporate Accountability ◽  
Media Campaigns ◽  
Western Sahara ◽  
Playing Field

Since the mid-1970s, the Western Saharan conflict has defied both resolution and understanding, as an entire people, split between refugee camps in the Algerian desert and the Moroccan occupied territory, has been waiting for the international community to effectively enforce its right to self-determination. Through a combination of legal and geopolitical perspectives on the issues related to the exploitation of the rich natural resources in the last African territory still to be decolonised, this research paper will argue that transnational corporations (TNCs) can directly affect the welfare and the self-determination of a people, while the means to enforce corporate accountability remain limited and poorly adapted to the current global realities. The recent media campaigns led by NGOs against TNCs active in this area demonstrate the key role of global civil society in the emergence of corporate accountability and in reminding individuals, corporations and governments of their ethical and legal obligations towards indigenous peoples such as the Saharawi’s. This paper will first consider the historical and socio-economic context of the conflict and the importance of natural resources in this dispute (chapter I) before addressing the legal dimension of the exploitation of these resources by the occupying power and third parties (II). I will then argue that the decision of Morocco to involve Western oil and gas TNCs in the Western Sahara represents a complicating factor to the conflict and has created a new, corporate playing field for the conflicting parties (III). The last chapter of this analysis will address the current political and legal mechanisms for ensuring the accountability of such TNCs and assess whether campaigns by global civil society actors provide an effective, alternative avenue for corporate accountability (IV).Published online: 11 December 2017

scholarly journals Self-Determination, Occupation and the Authority to Exploit Natural Resources: Trajectories from Four European Judgments on Western Sahara

2019 ◽  
Vol 52 (1) ◽  
pp. 3-29 ◽  
Author(s):  
Pål Wrange
Keyword(s):  
European Union ◽  
Natural Resources ◽  
Trade Agreement ◽  
Self Determination ◽  
General View ◽  
The European Union ◽  
Western Sahara ◽  
Court Of Justice ◽  
The Law ◽  
Grand Chamber

In two recent cases before the Court of Justice of the European Union (CJEU), the General Court (at first instance), the High Court of Justice of England and Wales and the Grand Chamber of the CJEU found that a trade agreement and a fisheries agreement between Morocco and the European Union cannot be applied to occupied Western Sahara without the consent of its people. In spite of the fact that it is the general view that Western Sahara is under belligerent occupation, none of the three courts invoked the law of occupation but based themselves instead on the principle of self-determination and the law governing the administration of non-self-governing territories, including the principle of permanent sovereignty over natural resources. A possible implication of these judgments is that that law and the law of occupation are converging in certain respects, in particular as regards long-term occupation. This pertains not only to the substantive rules on the exercise of authority, which seem to require that the people are heard, but also to the basis for the establishment of that authority, namely bare control.

The European Union’s Common Fisheries Policy, the Right to Self-determination and Permanent Sovereignty over Natural Resources

2019 ◽  
Vol 35 (1) ◽  
pp. 82-105
Author(s):  
Anne-Carlijn Prickartz
Keyword(s):  
Natural Resources ◽  
Self Determination ◽  
Western Sahara ◽  
European Court ◽  
Fisheries Policy ◽  
Scope Of Application ◽  
Partnership Agreement ◽  
The Right ◽  
The Impact ◽  
The Eu

Abstract In Front Polisario and Western Sahara Campaign UK, the European Court of Justice applied the principles of self-determination and permanent sovereignty over natural resources, deciding that the various international agreements concluded with Morocco, including the Fisheries Partnership Agreement and its 2013 Protocol, should be interpreted as excluding Western Sahara’s territory and adjacent waters. These cases and Western Sahara’s situation more generally raise several questions regarding the external aspect of the European Union’s (EU) Common Fisheries Policy and the impact of international law on the EU’s fisheries agreements. In particular, the principle of self-determination may require the scope of application of the EU’s fisheries agreements to be (more) limited to safeguard the interests of those peoples protected by the principles of self-determination and permanent sovereignty over natural resources. This article outlines the continued influence of the principle of self-determination, including its influence on the actions of the EU.

Die Spur des Stoffs. Ermittlungsrausch in Friedrich Glausers Die Fieberkurve

2019 ◽  
Vol 48 (1) ◽  
pp. 57-89
Author(s):  
Mareike Schildmann
Keyword(s):  
Material Culture ◽  
Natural Resources ◽  
20Th Century ◽  
North Africa ◽  
Oil And Gas ◽  
Logical Structure ◽  
The Novel ◽  
Conservative Approach ◽  
Crime Novel ◽  
The 19Th Century

Abstract This article traces some of the fundamental poetological changes that the traditional crime novel undergoes in the work of the Swiss author Friedrich Glauser at the beginning of the 20th century. The rational-analytical, conservative approach of the criminal novel in the 19th century implied – according to Luc Boltanski – the separation of an epistemologically structured, institutionalized order of “reality” and a chaotic, unruly, unformatted “world” – a separation that is questioned, but reestablished in the dramaturgy of crime and its resolution. By shifting the attention from the logical structure of ‘whodunnit’ to the sensual material culture and “atmosphere” that surrounds actions and people, Glauser’s novels blur these epistemological and ontological boundaries. The article shows how in Die Fieberkurve, the second novel of Glauser’s famous Wachtmeister Studer-series, material and sensual substances develop a specific, powerful dynamic that dissipates, complicates, crosslinks, and confuses the objects and acts of investigation as well as its narration. The material spoors, dust, fibers, fingerprints, intoxicants and natural resources like oil and gas – which lead the investigation from Switzerland to North Africa – trigger a new sensual mode of perception and reception that replaces the reassuring criminological ideal of solution by the logic of “dissolution”. The novel thereby demonstrates the poetic impact of the slogan of modernity: matter matters.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

Territorial Sovereignty

2019 ◽  
Author(s):  
Anna Stilz
Keyword(s):  
Natural Resources ◽  
International Law ◽  
International System ◽  
Core Values ◽  
The State ◽  
Self Determination ◽  
Territorial Sovereignty ◽  
Collective Self ◽  
Political Units ◽  
Territorial States

This book offers a qualified defense of a territorial states system. It argues that three core values—occupancy, basic justice, and collective self-determination—are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all of the sovereignty rights states currently claim and that are recognized in international law. Instead, the book proposes important changes to states’ sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people’s preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and facilitates its people’s collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought.

Transnational Social Movements and Peaceful Change

2020 ◽  
Author(s):  
Alejandro Milcíades Peña
Keyword(s):  
Social Movements ◽  
Civil Society ◽  
Political Violence ◽  
Global Civil Society ◽  
Dynamic Processes ◽  
Transnational Social Movements ◽  
Relational Perspective ◽  
The Relationship ◽  
Interactive Dynamic ◽  
Dominant Treatment

The chapter discusses the relationship between social movements and peaceful change. First, it reviews the way this relationship has been elaborated in IR constructivist and critical analyses, as part of transnational activist networks, global civil society, and transnational social movements, while considering the blind sides left by the dominant treatment of these entities as positive moral actors. Second, the chapter reviews insights from the revolution and political violence literature, a literature usually sidelined in IR debates about civil society, in order to cast a wider relational perspective on how social movements participate in, and are affected by, interactive dynamic processes that may escalate into violent outcomes at both local and international levels.

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