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Differentiating between Sovereignty over Exclusive and Shared Resources in the Light of Future Discussions on the Law of Transboundary Aquifers
Author(s) -
Sánchez Castillo Nadia
Publication year - 2015
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12098
Subject(s) - sovereignty , negotiation , natural resource , political science , law , resource (disambiguation) , law and economics , sociology , computer science , politics , computer network
This article argues that sovereignty over exclusive resources and sovereignty over shared resources are different concepts constituting distinct legal regimes. First, it presents the controversy caused by applying the principle of permanent sovereignty over natural resources to shared resources. It then explores the main differences between sovereignty over exclusive and shared resources. The article suggests that increased awareness about these differences could facilitate negotiations on shared resource management, particularly in the light of discussions on the Draft Articles on the Law of Transboundary Aquifers at the United Nations General Assembly scheduled for 2016.