Better protecting natural resources
International laws regulating the link between natural resources and armed conflict have been addressed to create awareness of contradictions and reduce inconsistencies.
Natural resources and international conflict have long been linked. In
recent years, this link is an issue at the forefront of society and
consequently a main agenda of international organisations. One such
organisation is the United Nations and its two main veins: The General
Assembly and The Security Council.
Based on results of recent political debates revolving around
international resource conflicts, the EU-funded NATRESACIL project aimed
at a deeper understanding of the paradox of legal regimes. From this,
the project developed a method to help reduce fragmentation and
inconsistencies that are present despite the fact that resource
conflicts seem like a unitary phenomenon. This diversity can influence
behaviour of the entities participating in the conflict.
NATRESACIL found that wars of depredation are prohibited at the
inter-state level by international law. Conflicts regarding natural
resources are also prohibited.
Though land/boundary conflicts over natural resources are common,
international law offers flexible means to approach such conflicts. In
this light, states can negotiate the aim of their authority over natural
resources through such options as joint development agreements. Another
option is for legal entities to resolve disputes of territory or
boundaries that are connected to natural resources.
When it comes to non-international resource conflicts, the rules are
aimed at the position of third parties, not allowing them to finance
conflict by acquiring natural resources. As such, one of the project's
main results exhibits the possibility of a duty of vigilance for states
on the activities of transnational corporations.
The project was successful in highlighting the main challenges for
effective regulation of resource conflicts under international law. It
also addressed the issue of double standards related to natural
resources and armed conflicts. Findings will be of particular interest
to academics as well as members of civil society and government
practitioners.
published: 2015-01-29