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Julio Faundez

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Julio Faundez

This chapter examines the impact of international legal rules on the natural resource policies of Brazil, Chile and Ecuador during the recent commodities boom. By means of three case studies, it shows that their policies were remarkably similar despite considerable economic and political differences. Although they complied with norms on investment and trade liberalization, they were not constrained by other international rules, in particular those that recognize the rights of indigenous people and the need to protect the environment. Thus, the chapter shows that, while in some respects international law has reduced governments’ policy space in the area of natural resources, it provided them encouragement and flexibility to take advantage of the commodities boom. On close inspection, however, the political space created by the contradictory nature of international law conceals a more fundamental constraint arising from the nature of prevailing rules on trade and investment. Keywords: commodities; development; governance, international law; natural resources; Latin America; trade and investment

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Edited by Julio Faundez and Celine Tan

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Julio Faundez and Celine Tan

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Edited by Julio Faundez and Celine Tan

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Edited by Julio Faundez and Celine Tan

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Edited by Julio Faundez and Celine Tan

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Edited by Julio Faundez and Celine Tan

International Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries.
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Edited by Celine Tan and Julio Faundez

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Celine Tan and Julio Faundez

The current economic and ecological climate calls for a reappraisal of the international legal and political framework governing natural resources, defined broadly to include materials and organisms naturally occurring in the environment, such as water, mineral and fossil fuels, and cultivated resources, such as food crops, both renewable and exhaustible. This reappraisal is urgent because the governance and management of natural resources have formed a pivotal backdrop to the evolution of international economic law in the post-war period and have been critical components of the process of economic globalization. Contributors to this collection explore the different dimensions of natural resource governance in the contemporary economic, political and legal landscape. They reflect upon and address the different aspects of the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, notably human rights law and environmental law.