Actors in International Law-Making on Natural Resources

Abstract

This chapter provides a broad overview of the various ways that national, regional and international actors contribute to the formulation of international law in the realm of natural resources. It argues that while traditionally the most important actors are States, as sovereign entities in international law in recent decades, there has been a leavening of power structures globally, regionally and nationally. From the dominance of States in the making of international law there is a trend to an expanding range of actors. This trend has been reflected in increasing globalization of concerns over human rights, environmental protection and the exploitation of natural resources. A wider range and number of global inter-governmental bodies are therefore now involved, including secretariats and conferences of the parties of relevant conventions relating to natural resources; hybrid inter-governmental and non-governmental organizations and non-government organizations; and global private-sector organizations. Regional counterparts of these global bodies are also increasingly involved, and in particular cases, less formal groups and certain individual actors also feed into the making of international law in this field. There has also been an expansion of concerns, with enhanced possibilities for the role of law-making of organizations, with the adoption of the Sustainable Development Goals (SDGs) in 2015, replacing the Millennium Development Goals of the early 2000s.

The relationship between human rights, the exploitation of natural resources and environmental conservation has also become increasingly important in recent years. The expansion of the actors involved in the actual process of international law-making on natural resources has also contributed to the generation of ‘soft law’ in this area.

Keywords: International law making, natural resources, international actors, sustainable development goals, human rights, right to environment, environmental rule of law, reform

JEL Classification: K10, K30, K32