This chapter provides an historic and conceptual discussion of the evolving debate on the role of international law with regard to corporate accountability in relation to natural resources, taking in turn the perspectives of international investment law, international human rights law and international environmental law. The discussion aims to reveal tensions and synergies among these perspectives, the role of different international actors, and the increasing convergence in international standard-setting and monitoring activities. The chapter concludes with a reflection on outstanding questions that require further legal research in the natural resource sector, in order to contribute to the negotiations of a treaty on business and human rights under the Human Rights Council.
Abstract This chapter will discuss the widespread diffusion of the concept of fair and equitable benefit-sharing in different areas of international environmental law (notably, but not limited to, biodiversity) and its linkages with international human rights law. It will then suggest that notwithstanding different articulations of benefit-sharing in different areas of international law, a common normative core can be identified on the basis of converging interpretative materials. The entry will conclude by discussing the status of fair and equi-table benefit-sharing in international law and identifying outstanding research questions.
The ecosystem approach can be considered the landmark regulatory strategy of the Convention on Biological Diversity and other biodiversity-related conventions. But legal scholarship is surprisingly thin with regard to the status and implications of the ecosystem approach. This chapter discusses the evolution of the ecosystem approach under the Convention on Biological Diversity, and analyses its interrelated components, including its interplay with the precautionary principle and its role in ensuring mutual supportiveness among biodiversity-related conventions, as well as with international human rights law. The chapter concludes by identifying overarching legal questions for future research.
Elisa Morgera and Jona Razzaque
Edited by Elisa Morgera and Jona Razzaque
The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.