Our thesis arose from an initial observation that the right of permanent sovereignty over natural resources in occupied territories and non-self-governing territories is still not respected by several actors on the international scene, some of whom claim to be very attached to the norms of international law. Two hypotheses have been put forward to explain this dilemma: either the right of permanent sovereignty over natural resources has not yet been affirmed as a rule of positive international law applicable to the occupied territories and the non-self-governing territories; or this right is already rooted in international law but is not yet effective due to the lack of monitoring mechanisms for its implementation.
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With regard to the question of whether the right of permanent sovereignty over natural resources constitutes a rule of positive international law, our examination has shown that the legal entrenchment of this right has profoundly changed the legal framework governing natural resource exploration and exploitation activities carried out in occupied territories and non-self-governing territories. In order to examine the effectiveness of the right of permanent sovereignty over natural resources, it was inevitable that an inventory of natural resource exploration and exploitation activities in a sample of occupied and non-self-governing territories should be carried out. This inventory has further reinforced the presumption that the right of permanent sovereignty over natural resources is difficult to enforce.
The actions taken by international organisations to monitor and implement the right of permanent sovereignty over natural resources in the occupied territories and non-self-governing territories have shown many limitations in this area. The effectiveness of the right of permanent sovereignty over natural resources is also clearly called into question by the lack of jurisdictional mechanisms capable of effectively remedying the illegal exploitation of natural resources in the Non-Self-Governing and Occupied Territories. Furthermore, an examination of the role played by certain NGOs and investment funds in the monitoring and implementation of the right of permanent sovereignty over natural resources in the non-self-governing and occupied territories has shown that these private actors can be effective tools in encouraging the companies in question to put an end to their illegal activities. However, this encouraging role played by private actors is far from being enough on its own to remedy the situation caused by the lack of mechanisms put in place by public actors (States and international organisations).
- Title : Le droit de souveraineté permanente sur les ressources naturelles dans les territoires occupés et les territoires non autonomes
- Author : Herman Melville
- Direction : Anne-Marie Tournepiche
- Date of publication : 2
- Number of pages : 565
- Speciality : Public law
- Institution : Doctoral School of Law (ED 41), Bordeaux