Peoples-Based Permanent Sovereignty Over Natural Resources: Toward Functional Distributive Justice?

Human Rights Review, 2015, 16, 343-368

Posted: 3 Apr 2016

See all articles by Temitope Onifade

Temitope Onifade

Memorial University; University of British Columbia

Date Written: 2015

Abstract

The international law principle of permanent sovereignty over natural resources posits that governments bear the sovereign rights to manage natural resources on behalf of citizens. That citizens have rights over natural resources at all however detaches from governance realities showcasing citizen marginalization. This necessitates revisiting the issue of what rights citizens actually have over natural resources. Qualitatively investigating this issue reveals rights of citizens over natural resources now embedded in the doctrine of peoples-based permanent sovereignty over natural resources (PPSNR). However, this doctrine appears to be subject to international law limitations and might not be effective within domestic jurisdictions. Alternatively, PPSNR may be domestically driven by common ownership and environmental justice claims. These two drivers may be able to advance distributive justice rights of citizens to returns from natural resources exploitation within domestic jurisdictions. These rights could be actuated through rent distribution practices. This results in functional distributive justice.

Keywords: Peoples Permanent sovereignty over natural resources Common ownership, Environmental justice, Distributive justice, Resource rent distribution

JEL Classification: H23, H41, I28, I31, J68, K10, K11, K33, P16, Q32, Q33, Q38

Suggested Citation

Onifade, Temitope, Peoples-Based Permanent Sovereignty Over Natural Resources: Toward Functional Distributive Justice? (2015). Human Rights Review, 2015, 16, 343-368, Available at SSRN: https://ssrn.com/abstract=2757899

Temitope Onifade (Contact Author)

Memorial University ( email )

St John's
230 Elizabeth Avenue
St. John's, Newfoundland and Labrador NL A1B 3X9
Canada
1-709-638-3814 (Phone)

HOME PAGE: http://www.grenfell.mun.ca/social-science/resource-management/Pages/faculty.aspx

University of British Columbia ( email )

2329 West Mall
Vancouver, British Columbia BC V6T 1Z4
Canada

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