McIntyre, Owen --- "The making of international natural resources law" [2016] ELECD 597; in Brölmann, Catherine; Radi, Yannick (eds), "Research Handbook on the Theory and Practice of International Lawmaking" (Edward Elgar Publishing, 2016) 442

Book Title: Research Handbook on the Theory and Practice of International Lawmaking

Editor(s): Brölmann, Catherine; Radi, Yannick

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781953211

Section: Chapter 20

Section Title: The making of international natural resources law

Author(s): McIntyre, Owen

Number of pages: 25

Abstract/Description:

International natural resources law is not a clearly defined or systematically constructed body of rules but, instead, arises from the application of general rules and principles of ‘classical’ international law applying to shared natural resources. Most notable amongst which are the principle of State sovereignty over natural resources and the concept of equity, which informs the allocation of rights over such resources. However, international law-making in this field involves a number of unique challenges for the international legal system which have shaped the means, both formal and informal, by which such rules have emerged. Thus, international rules relating to natural resources tend be found in framework conventions, which promote inclusive participation by States and permit adaptive and scientifically sophisticated regimes to emerge. Similarly, soft-law instruments are employed to permit hesitant States to engage in early iterations of the law and to build confidence in the emerging rules. In addition, general principles of law are widely employed, while customary rules appear to form rather quickly and easily.