Beyond the National Resource Privilege: towards an International Court of the Environment

Fabian Schuppert

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    18 Citations (Scopus)
    384 Downloads (Pure)

    Abstract

    The national resource privilege, which holds that states are allowed to control all the natural resources found in their territory, is a cornerstone of international politics. Supporters of the national resource privilege claim that without the privilege states would fail to be sovereign and self-determining entities which provide for the needs of their citizens. However, as this paper shows the case is not as simple as that. In fact, control over resources must be carefully unpacked. Doing so shows that states do not require full control over all resources found in their territory in order to be sovereign. Moreover, sovereignty and self-determination come with a set of responsibilities and duties attached. Based on these observations the paper will sketch the contours of an alternative resource governance scheme built around the idea of an International Court of the Environment.
    Original languageEnglish
    Pages (from-to)68-97
    Number of pages30
    JournalInternational Theory
    Volume6
    Issue number1
    DOIs
    Publication statusPublished - 06 Mar 2014

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