Ein Rohstoffvölkerrecht für das 21. Jahrhundert

2021 ◽  
Author(s):  
Marie-Christine Zeisberg
Keyword(s):  
International Economic ◽  
Developing Countries ◽  
Natural Resources ◽  
International Law ◽  
Technical Progress ◽  
World Population ◽  
Solution Strategies ◽  
International Economic Law ◽  
Multilateral Agreements ◽  
Great Relevance

The fair and sustainable distribution of natural resources worldwide is one of the most important tasks of mankind in the 21st century and, with its effects on life, the environment and technical progress, decides the fate of the continuously growing world population. The study examines the current international law on natural resources, consisting of the principle of permanent sovereignty over natural resources, WTO law, multilateral agreements as well as cartels such as OPEC, and comes to the conclusion that the current body of regulations is limited to – usually non-binding – organizational measures and consultations. International economic law follows a passive approach that does not do justice to the great relevance of this sub-area of international law. Against this background, six different legal solution strategies are developed and subsequently examined for their political feasibility. Special attention is paid to the position of developing countries, which despite their wealth of natural resources have not yet benefited from it.

Contingent Economic Legal Ordering

2021 ◽  
pp. 246-264
Author(s):  
Lucas Lixinski ◽  
Mats Ingulstad
Keyword(s):  
International Economic ◽  
Natural Resources ◽  
International Law ◽  
Interwar Period ◽  
Economic Conference ◽  
Pivotal Moments ◽  
Path Dependencies ◽  
International Economic Law ◽  
History Of ◽  
Law Making

This chapter queries the history of the principle of Permanent Sovereignty over Natural Resources (PSNR), often heralded as a watershed moment of the push to decolonise international law. It shows that the principle has a much longer and more complicated history that places this principle’s origins in Latin America in the interwar period. While predating the movement for decolonisation in Africa and Asia, many of the same aspirations existed in the Americas: the push to control economic development through natural resources; protection against (neo)imperial forces; and an aspiration for international (economic law) world-making. Our counterfactual is that pre-PSNR pivotal moments in international legal history, such as the 1933 London Monetary and Economic Conference, and the Bogotá Economic Agreement of the Organization of American States, had they come into force, would have precluded the need for PSNR in the form we know today, and achieved the same objectives, but as an integral part of economic legal architecture, rather than the exception to it that PSNR is. Posing this counterfactual helps us query contingency by revealing the strength of path dependencies in international law, and that the precise formulation of ideas is incidental to their context and what is achievable, while closing down the possibilities of what international law can be. Therefore, shedding light on the baselines we take for granted in international law-making through (alternative or revisionist) history allows us to rescue functional equivalence and the creative possibilities of the field.

The Diminishing Acts of the State. Or, Is It?

2012 ◽  
pp. 687-717
Author(s):  
Francis N. Botchway
Keyword(s):  
International Economic ◽  
International Law ◽  
The State ◽  
Police Powers ◽  
Economic Law ◽  
Role Of The State ◽  
International Economic Law ◽  
The Us

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.

He Who Makes the Rules Owns the Gold

2019 ◽  
pp. 412-429
Author(s):  
Joel Slawotsky
Keyword(s):  
International Economic ◽  
International Law ◽  
Critical Mass ◽  
Code Of Conduct ◽  
International Investment ◽  
Leadership Role ◽  
Military Conflict ◽  
International Investment Law ◽  
International Economic Law ◽  
New Institutions

This chapter analyses the ever-increasing importance of Chinese influence on international investment law, which is a key branch of international economic law. By using the mechanics of the current architecture to assume a leadership role, China will likely become the new architect of the legal and financial orders. New infrastructure and development banks, a growing usage of the yuan and other incipient transformations, herald an upcoming era of new international law architects. While new institutions may initially work in conjunction within the existing framework, it is probable that the new architects’ alternatives will reach a critical mass and achieve an independent role in the international economic and legal orders. This transformation will likely lead to rewriting the rules and will serve to devalue the institutions which have enforced the global governance architecture over the previous seventy years. At a minimum, the replacement of the present architects will present a definitional, let alone enforcement problem with respect to international law. A different code of conduct may conflict with current norms and international law will need to focus on this potential dichotomy between former and new standards and customs. The failure to address this impending clash of customs may lead to a fracture of global cooperation and enforcement of international law, reduced prosperity, and heightened economic and military conflict.

The Dynamics of Technical Progress in Some Developing and Developed Countries

2016 ◽  
pp. 172-194
Author(s):  
Weshah A. Razzak ◽  
Belkacem Laabas ◽  
El Mostafa Bentour
Keyword(s):  
Developing Countries ◽  
Human Capital ◽  
Population Growth ◽  
Technical Progress ◽  
Capital Intensity ◽  
Developed Countries ◽  
World Population ◽  
Long Run ◽  
Endogenous Growth Model ◽  
New Ideas

We calibrate a semi-endogenous growth model to study the transitional dynamic and the properties of balanced growth paths of technological progress. In the model, long-run growth arises from global discoveries of new ideas, which depend on population growth. The transitional dynamic consists of the growth rates of capital intensity, labor, educational attainment (human capital), and research and ideas in excess of world population growth. Most of the growth in technical progress in a large number of developed and developing countries is accounted for by transitional dynamics.

scholarly journals Smart Energy Consumption Could Preserve Natural Resources

ICR Journal ◽  
2017 ◽  
Vol 8 (3) ◽  
pp. 420-422
Author(s):  
Shahino Mah Abdullah
Keyword(s):  
Developing Countries ◽  
Energy Consumption ◽  
Natural Resources ◽  
Energy Demand ◽  
Cold Weather ◽  
World Population ◽  
Standards Of Living ◽  
The World ◽  
Increase Productivity ◽  
United Nation

Energy plays an important role in our lives. It comes in several forms which can be utilised to keep people warm during cold weather, provide foods, improve transportation, and increase productivity. When energy is utilised efficiently, it brings great comfort to our lives. However, energy consumption has been increasing in recent decades as the world population keeps growing. According to a United Nation (UN) report, the current world population of 7.4 billion is projected to increase by 1 billion over the next 10 years and reach 9.6 billion by 2050. Besides population, the standards of living for many people in developing countries is increasing, which in turn results in growing energy demand.

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