The article
Popular Sovereignty over Natural
Resources discusses the concept of popular sovereignty over natural
resources and its possible applicability to a broader account of natural
resource justice based on a moral interpretation of international law. Leif
Wenar’s recent proposal to entrench popular resource sovereignty as a
counterclaim to illegitimate uses of natural resources by corrupt and
authoritarian regimes serves as the starting point for the discussion of the
possible meaning of popular resource sovereignty and its role in an account of
natural resource justice. Three key aspects of Wenar’s conception are in focus:
1) the framing of popular resource sovereignty within the current system of
sovereign territoriality, 2) the notion of collective ownership of natural
resources as the content of popular resource sovereignty, and 3) civil and
political rights as the key set of norms determining the conditions of
legitimate exercise of resource sovereignty. The article argues that collective
sovereignty claims over natural resources can neither be framed exclusively
through boundaries of current sovereign states, nor understood in terms of full
and unlimited property rights. Concerning civil and political rights, I argue
we need to move past the liberal conception of legitimacy toward a more
comprehensive human rights-based conception of justice serving as a standard
for assessment of legitimacy of both sovereign and non-sovereign entities which
have rights over natural resources.
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