Strani pravni život (Jan 2021)

Natural resources in international treaties: From the sovereign rights of states to the common concern of humankind

  • Todić Dragoljub C.

DOI
https://doi.org/10.5937/spz65-32847
Journal volume & issue
Vol. 2021, no. 3
pp. 391 – 405

Abstract

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The paper points out the importance of natural resources and discusses their international legal protection. It analyses the UN deposited international agreements in the field of environment as well as the views of various authors. In specific, relations of the international agreements with the principle of permanent sovereignty of states over natural resources ("principle") and the concept of ,,common concern of humankind" (,,concept") is explored. The aim of the paper is to identify relevant international agreements, determine how they relate to ,,natural resources" and assess the content of norms related to the ,,principle" and ,,concept". The conclusion states that the ,,principle" and the ,,concept" are simultaneously defined in two international agreements (Convention on Biological Diversity and the UN Framework Convention on Climate Change), that the content and meaning of the ,,principle" was upgraded, as well as that there are elements of intertwining and lack of clarity when it comes to characterising relations between the ,,principle" and the ,,concept".

Keywords