Globalisation and Natural Resources Law

Globalisation and Natural Resources Law

Challenges, Key Issues and Perspectives

Elena Blanco and Jona Razzaque

This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.

Chapter 6: Compliance

Elena Blanco and Jona Razzaque

Subjects: environment, environmental law, law - academic, environmental law, human rights, politics and public policy, human rights


INTRODUCTION In natural resource and environmental matters sustainable use and conservation of natural resources require regimes and systems which focus on the prevention and control of environmental harm rather than on providing reparation for damage already suffered. The unsustainable use of natural resources has consequences which are difficult to quantify in economic terms and which are unsuitable for resolution by resorting to the channels of state responsibility or the imposition of fines or other sanctions. It is much more important that all parties involved agree to a regime which allows the sustainable use of resources without depleting them. Sustainable use, in turn, needs to be based on fair and equitable access to resources, and economic measures and incentives should be implemented together with the necessary safeguards in respect of the poor and vulnerable.1 Environmental damage is often subtle, cumulative and long term2 and therefore requires ‘equitable and preventative measures’.3 In order to have an effective system of compliance it is necessary to have an agreed system of rules and standards. The two are mutually and intrinsically connected. The more successful the agreement on standard setting, the more likely it is that parties will comply with the rules and the less the need for enforcement mechanisms. Strong governance institutions and forums for fostering agreement are the first step towards effective compliance mechanisms. Effective compliance mechanisms must also include provisions which enable enforcement of the regulatory regime, if necessary, by all interested affected parties.4 Natural resources regulation takes See chapter 2, ‘Sustainability’,...

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