The Impact of Climate Change Law on the Principle of State Sovereignty Over Natural Resources

Dr. Sanita van Wyk

doi:10.5771/9783845285542

Summary

The overarching objective of this book is to make a positive contribution to the global efforts to address the problem of climate change by considering the possible contribution of the international law principle of sovereignty over natural resources. The legal principle of sovereignty over natural resources is considered in this book as a means by which to address the lack of state compliance to climate commitments made in terms of the international legal climate change regime. The gravity of the effects of climate change justify a reinterpretation and reconfiguration of the principle of sovereignty over natural resources in terms of which the right of people to economic self-determination is promoted and constitutes a basis upon which states can be held accountable to climate commitments made in terms of the Kyoto Protocol and the Paris Agreement.

Search publication

Bibliographic data

Copyright year: 2017
ISBN-Print: 978-3-8487-4291-2
ISBN-Online: 978-3-8452-8554-2
Publisher: Nomos, Baden-Baden
Series: Recht und Verfassung in Afrika - Law and Constitution in Africa
Volume: 35
Language: English
Pages: 384
Product type: Book Titles

Titelei/Inhaltsverzeichnis No access Pages 1 - 22
1. 1 1 Background to research question No access
2. 1 2 Research question No access
3. 1 3 Hypotheses No access
4. 1 4 Research objectives and assumptions No access
5. 1 5 Research design and methodology No access
6. 1 6 Chapter overview No access
1. 2 1 Introduction No access
2. 2 2 Foundation of the principle of sovereignty over natural resources No access
3. 2 3 Legal nature of the principle of sovereignty over natural resources No access
4. 1. 2 4 1 Identifying key terminology No access
  2. 1. 2 4 2 1 Definition of natural resources No access
    2. 2 4 2 2 Possibility of climate as a natural resource No access
    3. 1. 2 4 2 3 1 Classifying natural resources according to renewability and non-renewability No access
      2. 2 4 2 3 2 Classifying natural resources according to location No access
  3. 2 4 3 Natural wealth No access
  4. 2 4 4 Economic activities No access
5. 1. 1. 2 5 1 1 Introduction No access
    2. 2 5 1 2 UNGA resolutions No access
    3. 2 5 1 3 Instruments of international law No access
  2. 1. 2 5 2 1 Meaning of states No access
    2. 2 5 2 2 Permanency as an attribute of state sovereignty No access
    3. 1. 2 5 2 3 1 Introduction No access
      2. 2 5 2 3 2 Brief overview of the development of sovereignty No access
      3. i Introduction No access
        ii Continued existence of sovereignty No access
        iii Denial or criticism of sovereignty No access
        iv Erosion of sovereignty No access
        v The principle of sovereignty over natural resources and global climate justice No access
  3. 1. 2 5 3 1 Meaning of people No access
  4. 2 5 4 Final note on the subjects of the principle of sovereignty over natural resources No access
6. 2 6 Reinterpreting and reconfiguring the principle of sovereignty over natural resources as a means to combat climate change No access
7. 2 7 Conclusion No access
1. 3 1 Introduction No access
2. 3 2 Nexus between climate change and the principle of sovereignty over natural resources No access
3. 1. 3 3 1 Definition of climate change No access
  2. 3 3 2 Definition of regime No access
4. 1. 3 4 1 Link between greenhouse gas emissions and climate change No access
  2. 1. 3 4 2 1 Carbon dioxide and anthropocentric activity No access
    2. 3 4 2 2 Methane and anthropocentric activity No access
    3. 3 4 2 3 Nitrous oxide and anthropocentric activity No access
    4. 3 4 2 4 Fluorinated gases and anthropocentric activity No access
5. 1. 3 5 1 Introduction No access
  2. 3 5 2 Understanding the term ‘well-being’ No access
  3. 3 5 3 Well-being of people as an objective of the international legal climate change regime and as an objective of the principle of sovereignty over natural resources No access
  4. 3 5 4 Environmental effects of climate change on the well-being of people No access
  5. 3 5 5 Social effects of climate change on the well-being of people No access
  6. 3 5 6 Economic effects of climate change on the well being of people No access
6. 1. 3 6 1 Introduction No access
  2. 3 6 2 The emergence of climate change as an intergovernmental issue and the international legal climate change regime as a state-centric regime No access
  3. 3 6 3 Targets and timetables negotiations No access
7. 1. 3 7 1 Introduction to the United Nations Framework Convention on Climate Change No access
  2. 1. 3 7 2 1 Principle of equity No access
    2. 1. 3 7 2 2 1 The principle No access
      2. 3 7 2 2 2 The problem with the principle of common but differentiated responsibility as illustrated by the example of China and the United States of America No access
      3. 3 7 2 3 Precautionary principle No access
    3. 3 7 2 4 Polluter-pays principle No access
    4. 3 7 2 5 Principle of sustainable development No access
  3. 3 7 3 Conference of the parties No access
  4. 1. 1. 3 7 4 1 1 Introduction No access
      2. 3 7 4 1 2 Example of a mitigation strategy: United Nations Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries No access
    2. 3 7 4 2 Adaptation to climate change No access
8. 1. 3 8 1 Introduction No access
  2. 1. 3 8 2 1 Introduction to international emissions trading No access
    2. 3 8 2 2 Joint implementation mechanism No access
    3. 3 8 2 3 Clean development mechanism No access
    4. 3 8 2 4 Registry of Kyoto units acquired through market-based mechanisms No access
  3. 1. 3 8 3 1 Overall effectiveness of the Kyoto Protocol and the possible movement towards a people-based solution No access
    2. 3 8 3 2 Reporting as a component of an effective international legal climate change regime No access
    3. 1. 3 8 3 3 1 Compliance provisions in the Kyoto Protocol and the inadequate repercussions of non-compliance No access
      2. 3 8 3 3 2 Increasing compliance with the Kyoto Protocol and the principle of sovereignty over natural resources as a negative incentive No access
9. 1. 3 9 1 Introduction No access
  2. 3 9 2 Outline of differentiation between countries and nationally determined contributions in the Paris Agreement No access
  3. 3 9 3 Market-based mechanism of the Paris Agreement No access
  4. 3 9 4 Future outlook on the effectiveness of the Paris Agreement and the position of the principle of sovereignty over natural resources No access
10. 3 10 Conclusion No access
1. 4 1 Introduction No access
2. 1. 4 2 1 Introduction to the rights and duties of states in terms of the principle of sovereignty over natural resources No access
  2. 1. 4 2 2 1 Right to dispose freely of, explore, and exploit natural resources No access
    2. 4 2 2 2 Right to exercise effective control over natural resources and the right to receive appropriate compensation No access
    3. 4 2 2 3 Right to use natural resources for national development No access
    4. 4 2 2 4 Right to manage natural resources according to national environmental policy No access
    5. 4 2 2 5 Right to an equitable share in benefits of transboundary natural resources No access
    6. 1. 4 2 2 6 1 Introduction to and delineation of rights (and duties) pertaining to foreign investment No access
      2. 4 2 2 6 2 Rights pertaining to the regulation and exercise of authority over foreign investment No access
      3. 4 2 2 6 3 Rights pertaining to the taking of property and the payment of compensation No access
      4. 4 2 2 6 4 Possible right pertaining to the settlement of disputes on the basis of national law No access
  3. 1. 4 2 3 1 Duty to exercise sovereignty over natural resources for national development and the well-being of people No access
    2. 4 2 3 2 Duty to cooperate in respect of international development No access
    3. 4 2 3 3 Duty of conservation and sustainable use of natural resources No access
    4. 1. 4 2 3 5 Duty to respect international law No access
  4. 4 2 4 Final remarks on the rights and duties of states in terms of sovereignty over natural resources, and the shift in environmental attitudes owing to the effects of climate change No access
  5. 4 2 5 Increased importance of the common concern as an indicator of the growing importance of the duties of states in terms of the principle of sovereignty over natural resources No access
3. 1. 4 3 1 Introduction No access
  2. 1. 4 3 2 1 Introduction to people’s rights in terms of the principle of sovereignty over natural resources No access
    2. 4 3 2 2 Right to economic self-determination No access
    3. 4 3 2 3 Human rights and the right to economic self-determination No access
  3. 1. 4 3 3 1 Introduction No access
    2. 4 3 3 2 Application of economic self-determination by indigenous people No access
    3. 4 3 3 3 Growing possibilities of the application of economic self-determination in the context of foreign investment No access
4. 1. 4 4 1 Introduction and initial steps for people-based action in holding states accountable for climate commitments No access
  2. 4 4 2 People-based action against the state in terms of the Oslo Principles on Global Climate Change No access
  3. 4 4 3 Urgenda case and general movement toward people-based climate change litigation No access
5. 4 5 Conclusion No access
1. 5 1 Remarks on the original research objectives and hypotheses No access
2. 5 2 Areas of future research No access
3. 1. 5 3 1 Chapter 2: The principle of sovereignty over natural resources No access
  2. 3 2 Chapter 3: The international legal climate change regime and the question of whether the gravity of climate change warrants a reinterpretation and reconfiguration of the principle of sovereignty ... No access
  3. 5 3 3 Chapter 4: The reinterpretation and reconfiguration of the principle of sovereignty over natural resources and the expansion of the means to combat climate change No access
4. 5 4 Recommendations No access
1. Case law No access
2. International instruments and legislation No access
3. Seminars, lectures and presentations No access
4. UNGA resolutions and other resolutions or decisions No access
5. Online media No access