International Natural Resources Law, Investment and Sustainability

Shawkat Alam is a Professor of Law and Director of the Centre for Environmental Law at Macquarie University, Australia.Jahid Hossain Bhuiyan is an Associate Professor in the Department of Law, Northern University, Bangladesh.Jona Razzaque is a Professor of Environmental Law at Bristol Law School, University of the West of England Bristol, UK

• IntroductionSHAWKAT ALAM, JAHID HOSSAIN BHUIYAN AND JONA RAZZAQUEPART INatural resources law and investment law: InteractionsForeword ELIZABETH MARUMA MREMA1 International natural resources law and sustainable investment: Principles and practicesSHAWKAT ALAM, JAHID HOSSAIN BHUIYAN AND JONA RAZZAQUE2 Sovereign rights, state obligations and natural resourcesUPENDRA BAXI3 Evolution of the permanent sovereignty over natural resources in the context of the investment regime JAHID HOSSAIN BHUIYANPART IIBalancing competing interests Foreword KAMAL HOSSAIN4 Natural resources management and sustainable development in the WTO legal system: Implications for the investment regime ILARIA ESPA5 Natural resource protection in regional and bilateral investment agreements: In search of an equitable balance for promoting sustainable development SHAWKAT ALAM6 Arbitration and natural resource protection MARIEL DIMSEY7 Expropriation, nationalisation and resource protection – ‘resource nationalism’ and international law JÜRGEN BRÖHMER8 Regulatory strategies, CSR and resource protection PAOLO GALIZZI AND EMILY SMITH EWING9 State owned oil companies, North–South and South–South perspectives on investment ELENA MERINO BLANCOPART IIIChanging dynamics Foreword PHILIPPE CULLET10 Water, investment and sustainability REBECCA BATES11 Sustainable agricultural investment and the Global South JONA RAZZAQUE AND PHUONG LE12 Sustainable mining, human rights and foreign investment: Nexus and challenges ABDULLAH AL FARUQUE13 International indigenous rights, investment and sustainability in the mining sector ANDREW ERUETI, SARAH DOWN AND JACINTA RURU14 Financing energy resources and sustainable development PRISCILLA SCHWARTZ15 Carbon trading as a climate change mitigation tool BEATRIZ GARCIA16 Modern biofuels: The road to integrated sustainability FEJA LESNIEWSKAPART IVConflict, corruption and liability Foreword BENJAMIN J. RICHARDSON17 Natural resources, conflict and investment: Conflict minerals in the Democratic Republic of Congo and the challenges to sustainable investment ONITA DAS18 Corruption, investment and natural resources ADAM SIMPSON19 Criminal liability for exploitation of natural resources MICHAEL FAUREIndex

"In recent years, a surge in natural resource investments has prompted both hopes and fears for efforts to promote sustainable development, and created new challenges for international lawyers. Yet few academic publications have explored the role of international law in addressing the interface between transnational investment processes and the management of natural resources. This rich collection of essays is therefore both relevant and timely. It covers impressively vast ground, combining thoughtful analyses of the foundational issues with a discussion of recent developments in specific sectors or themes. A recommended reading for anybody interested in the international legal dimensions of resource-based investments." –Lorenzo Cotula, International Institute for Environment and Development, UK"The collection of papers published in this volume entitled International Natural Resources Law, Investment and Sustainability is timely as it comes soon after the adoption of the United Nations Declaration on Sustainable Development (SDGs) in September 2015 and the first report of the International Law Association’s Committee on Sustainable Natural Resources Management for Development in 2016. The analyses of different legal aspects of the complex concept of sustainable development will be valuable, in particular, for those devising national strategies for implementation of the SDGs. The challenge of change which societies face in different stages of development has needed a framework which would identify and elucidate the different facets of sustainable development. Juristic writings such as those contained in this volume contribute to a better understanding of the different dimensions of the complex concept, which is necessary if appropriate polices and strategies are to be devised to realize sustainable development." –Dr Kamal Hossain, Senior Advocate, Supreme Court of Bangladesh, Bangladesh "The analysis that follows in this book, edited by respected academics Shawkat Alam, Jahid Hossain Bhuiyan, and Jona Razzaque, thus tackles one of the most daunting fields of global governance for environmental law practitioners and scholars. Their work offers a much-needed contribution to prevailing legal and policy discourse. Sustainable use and conservation of natural resources is a global imperative in order to avoid climate change and other catastrophic planetary threats. This important volume brings together an array of international scholars to assess the implications of global investment law for the regulation of natural resources, and the impact of a suite of changing dynamics from carbon trading to corporate social responsibility. Readers will find the pages that follow both a valuable critique and rich palette of ideas for better governance of the resources economy." –Professor Benjamin J. Richardson, University of Tasmania, Australia