The current statist order assumes that states have a right to make rules involving the transfer and/or extraction of natural resources within the territory. Cosmopolitan theories of global justice have questioned whether the state is justified in its control over natural resources, typically by pointing out that having resources is a matter of good luck, and this unfairness should be addressed. This paper argues that self-determination does generate a right over resources, which others should not interfere with. It (...) does not entail, however, that there is no obligation on rich countries to redistribute to poor countries. Indeed, in some rare instances, it might be necessary for a particular political community to use its resources, but the presumption is that the collectively self-determining group should have the right to decide that. (shrink)

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the (...) transnational jurisdiction view—which favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand. (shrink)

This paper contrasts conceptions of global distributive justice focused on natural resources with human rights–based approach. To emphasize the advantages of the latter, the paper analyzes three areas: (1) the methodology of normative theorizing about natural resources, (2) the category of natural resources, and (3) the view of the system of sovereignty over natural resources. Concerning the first, I argue that global justice conceptions misconstrue the claims made to natural resources and offer conceptions which (...) are practically unfeasible. Concerning the second, I show that contemporary philosophy of justice downplays the plurality of meanings resources have for collectives and argue that conflicts over natural resources can best be accounted for using human rights. Finally, the paper looks at sovereignty over natural resources and argues that rather than dismissing it as unjustifiable on moral grounds, it should be reformed in line with valid principles of international law, most importantly with human rights. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, (...) each generation inherits a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

To address climate change fairly, many conflicting claims over natural resources must be balanced against one another. This has long been obvious in the case of fossil fuels and greenhouse gas sinks including the atmosphere and forests; but it is ever more apparent that responses to climate change also threaten to spur new competition over land and extractive resources. This makes climate change an instance of a broader, more enduring and - for many - all too familiar problem: the (...) problem of human conflict over how the natural world should be cared for, protected, shared, used, and managed. -/- This work develops a new theory of global egalitarianism concerning natural resources, rejecting both permanent sovereignty and equal division, which is then used to examine the problem of climate change. It formulates principles of resource right designed to protect the ability of all human beings to satisfy their basic needs as members of self-determining political communities, where it is understood that the genuine exercise of collective self-determination is not possible from a position of significant disadvantage in global wealth and power relations. These principles are used to address the question of where to set the ceiling on future greenhouse gas emissions and how to share the resulting emissions budget, in the face of conflicting claims to fossil fuels, climate sinks, and land. It is also used to defend an unorthodox understanding of responsibility for climate change as a problem of global justice, based on its provenance in historical injustice concerning natural resources. (shrink)

In an important recent article, "Contemporary Property Rights, Lockean Provisos, and the Interests of Future Generations, "Clark Wolf argues that sometimes the interests of future generations should take precedence over the claims of current property rights holders. Wolfs arguments concentrate on the genesis and nature of defensible property rights in various natural resources, and on the conditions under which morally unacceptable harm is caused to others. In this paper I explore two central sets of issues. First, (...) I investigate how the argument holds up when labor is involved in discovering, developing, or preparing natural resources for appropriation. I consider some persuasive reasons why one might think Wolfs arguments lose force in such cases. I also indicate how to accommodate these concerns without diminishing the force of Wolf s main arguments. Second, I show how either the examples Wolf uses do not support the conclusion he is pressing, or the argument has extremely far-reaching implications. I argue that either of these conclusions is problematic for Wolfs argument as thus far developed. (shrink)

This chapter considers whether collective self-determination, which justifies a right of jurisdiction, can also generate a right to control natural resources. It discusses the limits of that argument, focusing especially on the limits of justice. Part One deals with territorial claims over unoccupied islands, the seabed, the Arctic, and Antarctica. These are viewed as resources by the rival claimants, and their respective claims should be conceived of as property claims. The second part of the chapter deals with cases where (...) there are natural resources—oil, fertile land, water, coal—on land that is co-extensive with an area occupied by a group. It develops a middle ground between a strong resource rights conception, associated with current views of state sovereignty, and the cosmopolitan view that thinks of groups as having no special claims to resources within their midst, indeed thinking of it as a kind of undeserved advantage. (shrink)

Struggles over precious resources such as oil, water, and land are increasingly evident in the contemporary world. States, indigenous groups, and corporations vie to control access to those resources, and the benefits they provide. These conflicts are rapidly spilling over into new arenas, such as the deep oceans and the Polar regions. How should these precious resources be governed, and how should the benefits and burdens they generate be shared? Justice and Natural Resources provides a systematic theory of (...) class='Hi'>natural resource justice. It argues that we should use the benefits and burdens flowing from these resources to promote greater equality across the world, and share governance over many important resources. At the same time, the book takes seriously the ways in which particular resources can matter in peoples lives. It provides invaluable guidance on a series of pressing issues, including the scope of state resource rights, the claims of indigenous communities, rights over ocean resources, the burdens of conservation, and the challenges of climate change and transnational resource governance. It will be required reading for anyone interested in natural resource governance, climate politics, and global justice. (shrink)

Chapter 8 concerns the property-like rights that states claim to the natural resources in and around their claimed territories. It distinguishes states’ “extended” territorial claims—to the air above, the sea around, and the subsurface domain—from their “core” claims to surface land and water. A central argument is that such extended claims cannot be justified without productive use, except insofar as certain kinds of control are required for the performance of core jurisdictional tasks. The chapter argues that the standard (...) approaches to resource rights are, contrary to their claims, unable to justify more robust resource rights than these. It also explains and defends the position on states’ resource rights yielded by the Lockean theory that was defended in chapter 5. (shrink)

For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with (...) a person's appropriation of unowned natural resources and with his freedom to do as he chooses with the products that he makes from them, so long as he does not infringe upon the equal rights of others. These rights prescribe, as Locke put it, that persons be free “to order their Actions, and dispose of their Possessions, and Persons as they think fit … without asking leave, or depending upon the Will of any other Man”. (shrink)

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for permanent sovereignty, including claims from national improvement of or attachment to resources, as well as functionalist claims linking (...) class='Hi'>resource rights to key state functions. But it also shows that these defences are insufficient to justify permanent sovereignty and that in many cases they actually count against it as a practice. They turn out to be compatible, furthermore, with the dispersal of resource rights away from the nation-state which global justice appears to demand. (shrink)

This timely book by internationally regarded scholar of ethics and social/political philosophy, Michael Boylan, focuses on the history, application and significance of human rights in the West and China. Boylan engages the key current philosophical debates prevalent in human rights discourse today and draws them together to argue for the existence of natural, universal human rights. Arguing against the grain of mainstream philosophical beliefs, Boylan asserts that there is continuity between human rights and natural (...) law and that human beings require basic, essential goods for minimum action. These include food, clean water and sanitation, clothing, shelter and protection from bodily harm, including basic healthcare. The achievement of this goal, Boylan demonstrates, will require significant resource allocation and creative methods of implementation involving public and private institutions. Combining technical argument with four fictional narratives about human rights, the book invites readers to engage with the most important aspects of the discipline. (shrink)

Businesses interface with the natural world through rights to property. The shape of these rights and the responsibilities we assign to managers are important determinants of both patterns of resource use and pollutant levels. Consequently, conflicts have arisen between regulating bodies, indigenous groups, and corporations over the entitlements of businesses in the use of their property when that property is ecologically sensitive or significant. In this paper I develop an account of the ethical responsibilities of managers (...) regarding their treatment of the environment and their use of natural resources. This account is based on a philosophical examination of the nature of property rights. After a tour of traditional arguments employed to defend the institution of private property, I develop a new conception of property rights over objects that have a high natural resource component. I show that in today’s world, ethical concerns that motivated John Locke will yield property rights that are insufficiently strong to override a democratic say in overall use patterns and must be sensitive to factors such as need, scarcity, and the interests of stakeholders. I show a similar result for utilitarian arguments for property. On this foundation I develop a conception of property in key environmental resources that includes a stewardship element. To embody this, I suggest a set of ethical responsibilities for managers over certain natural resources that springs from it. I argue for obligations restricting harmful use patterns as a way of including the other goals (eg public participation, sustainability) that we care about, in a manner which clashes least with the liberty of owners and the efficiency of production. The outcome is a set of rights and responsibilities that take global environmental interests into account, but preserve the thrust of what is good about the institution of private property: that it rewards labour and facilitates a stable and efficient free exchange system. As a version of private property, it retains many of the advantages of global capitalism while attaching responsibilities to business decision makers. (shrink)

In the presence of anthropogenic climate change, gross environmental degradation, and mass abject poverty, many political theorists currently debate issues such as people's right to water, the right to food, and the distribution of rights to natural resources more generally. However, thus far many theorists either focus (somewhat arbitrarily) only on one particular resource (e.g. water) or they treat all natural resources alike, meaning that many relevant distinctions within the group of natural resources are overlooked. (...) Hence, the paper will start with an analysis of the various forms which natural resources can take and how this might influence one's conception of resource rights. In so doing, the paper argues that we have to carefully distinguish between the actual physical resources people might control and how we distribute these, and the life-sustaining benefits each and every person draws from sustainable and functioning ecosystems. Based on this distinction, the paper will argue for a right to the benefits of life-sustaining ecosystem services as a universal basic right every person has. Further distributive claims with respect to particular physical resources would thus be limited by the requirements of such a basic right. (shrink)

he article combines Elinor Ostrom’s design principles for common-pool resources and human rights provisions, including subsequent clarifications and jurisprudence. It analyses whether stronger local self-governance, embedded in the natural resource dimension of peoples’ rights to self-determination is a recommendable approach. Two changes in understanding are noted. First, the universal approval of indigenous peoples’ right to self-determination as specified in the UN Declaration on the Rights of Indigenous Peoples. Second, the wide endorsement of the specific principle (...) of free and prior informed consent. As the exercise of peoples’ rights to self-determination is done on a collective level, it is important to have awareness of whether particularly affected and marginalized households and individuals are included or not included in the decision-making process. The article then reviews a range of new instruments adopted by the OECD and the UN for improved human rights awareness and compliance in the context of economic investments. The article finds that these instruments are still underutilized. Finally, the article identifies the role of human rights in bilateral investment treaties. It finds that there are less jurisdictional restrictions – as many treaties have a wide understanding of applicable law – than cognitive restrictions – as human rights competence is rarely sought when establishing tribunals mandated to solve investments disputes. (shrink)

This paper proposes an original account, based on the capabilities approach, that explains which kinds of attachment to natural resources are sufficiently morally weighty to give rise to special resource rights. The paper provides a critique of current attachment theories, which fail to provide a clear way to differentiate between what is a preference and what is a legitimate attachment, and thereby justify overreaching resource rights. It then examines Armstrong’s welfarist account of natural resources (...) justice, and argues that the capabilities approach can be used to specify the relevant dimensions of well-being, as elements of human flourishing. A capabilities-based account is appealing because it is more limited in scope than existing attachment theories, and able to make finer distinctions regarding the scope and content of individuals’ rights claims. Attachment claims are legitimate when the valuable basic capabilities held by individuals depend on their relationship to specific natural resources. By using capabilities as a mediating concept, we can detect more precisely when attachment claims are normatively significant and can ground special resource rights. (shrink)

Natural Property Rights presents a novel theory of property based on individual, pre-political rights. The book argues that a just system of property protects people's rights to use resources and also orders those rights consistent with natural law and the public welfare. Drawing on influential property theorists such as Grotius, Locke, Blackstone, and early American statesmen and judges, as well as recent work in in normative and analytical philosophy, the book shows how natural (...) rights guide political and legal reasoning about property law. It examines how natural rights justify the most familiar institutions in property, including public property, ownership, the system of estates and future interests, leases, servitudes, mortgages, police regulation, and eminent domain. Thought-provoking and comprehensive, the book challenges leading contemporary justifications for property and shows how property both secures individual freedom and serves the common good. (shrink)

This essay examines the most recent justifications for a people's exclusive right to resources as part of a territorial right. Divided into eight parts, the discussion covers contemporary philosophical discussion regarding: the conception of natural resources, the conception of resource rights, the general form of arguments supporting resource rights, arguments from self-determination, objections to arguments from self-determination, arguments from residence, arguments from improvement, and new directions for research in the future.

With growing vigor, political philosophers have started questioning the Westphalian system of states as the main actors in the international arena and, within it, the doctrine of Permanent Sovereignty over Natural Resources. In this article I add to these questionings by showing that, when it comes to migratory natural resources, i.e., migratory species, a plausible theory of territorial rights should advocate a regime of shared sovereignty among states. This means that one single entity should represent their interests (...) and maybe also those of third parties, managing and making decisions over the resource as a whole. Although such a regime might be the tacit goal of existing international conventions regarding wildlife, it remains untheorized in political philosophy and largely under-theorized in international law. By presenting the critical situation of the monarch butterfly in North America, I point to the inadequacy of the compartmentalized current regime, which generates injustice in migration; namely, the phenomenon whereby range states of a given species may neglect or over-exploit it while in their territory, to the detriment of others. I suggest that more flexible and imaginative governance arrangements are needed to deal in a better way with these and similar natural resources. (shrink)

For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with (...) a person's appropriation of unowned natural resources and with his freedom to do as he chooses with the products that he makes from them, so long as he does not infringe upon the equal rights of others. These rights prescribe, as Locke put it, that persons be free “to order their Actions, and dispose of their Possessions, and Persons as they think fit … without asking leave, or depending upon the Will of any other Man”. (shrink)

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for permanent sovereignty, including claims from national improvement of or attachment to resources, as well as functionalist claims linking (...) class='Hi'>resource rights to key state functions. But it also shows that these defences are insufficient to justify permanent sovereignty and that in many cases they actually count against it as a practice. They turn out to be compatible, furthermore, with the dispersal of resource rights away from the nation-state which global justice appears to demand. (shrink)

_Classic Papers in Natural Resource Economics Revisited_ is the first attempt to bring together a selection of classic papers in natural resource economics, alongside reflections by highly regarded professionals about how these papers have impacted the field. The seven papers included in this volume are grouped into five sections, representing the five core areas in natural resource economics: the intertemporal problem; externalities and market failure; property rights, institutions and public choice; the economics of (...) exhaustible resources; and the economics of renewable resources. The seven papers are written by distinguished economists, five of them Nobelists. The papers, originally published between 1960 and 2000, addressed key issues in resource production, pricing, consumption, planning, management and policy. The original insights, fresh perspectives and bold vision embodied in these papers had a profound influence on the readership and they became classics in the field. This is the first attempt to publish original commentaries from a diverse group of scholars to identify, probe and analyse the ways in which these papers have impacted and shaped the discourse in natural resource economics. Although directed primarily at an academic audience, this book should also be of great appeal to researchers, policy analysts, and natural resource professionals, in general. This book was published as a series of symposia in the _Journal of Natural Resources Policy Research_. (shrink)

Hans Morten Haugen offers an analysis of the intersection of intellectual property with health, traditional knowledge and biodiversity against a backdrop of established and emerging human rights. How those rights interface and who decides are among the most difficult issues in international intellectual property, and there is no doubt that there is room for fresh ideas on how to simultaneously achieve the goals of innovation, development and access. 0Also part of series: Library of Human Rights; 2.

Immigration restrictions close-off large portions of the earth to large proportions of the earth’s population. For those who regard the earth and its natural resources as belonging to mankind equally and in common, this is a morally impermissible state of affairs. This is because, if the earth and its resources belong to all equally, then the exclusion of anyone from any portion of the earth will be a violation of their natural ownership rights. A commitment to (...) class='Hi'>Natural Resource Egalitarianism (NRE) is therefore held to entail a commitment to substantially more open, or even fully open borders. This paper does not seek to directly refute the claims of NRE, but rather seeks to demonstrate the failure of arguments from NRE, to establish the moral necessity of a general opening of borders. This paper addresses the two most prominent accounts of Open Borders NRE—Equal Division NRE and Egalitarian Ownership NRE—as well as a more recent attempt to advocate for open borders by combining these two positions into a so-called ‘Combined Model’. This paper argues that none of these three positions can plausibly and coherently account for the moral necessity of open borders. (shrink)

Most people assume that the natural resources of a country belong to its people. Theorists of cosmopolitan resource justice have recently questioned this assumption, arguing that extensive rights of peoples over natural resources cannot be justified. In response, defences of peoples’ resource rights, grounded in the value of self-determination, have been tepid. This paper argues against both positions. It advances the distinct thesis that popular resource sovereignty is justified as the resource (...) class='Hi'>rights allocation that maximizes well-being. This consequentialist account provides superior normative foundations for peoples’ resource rights. (shrink)

In discussions about responsibility for climate change, it is often suggested that the historical use of natural resources is in some way relevant to our current attempts to address this problem fairly. In particular, both theorists and actors in the public realm have argued that historical high-emitters of greenhouse gases (GHGs) – or the beneficiaries of those emissions – are in possession of some form of debt, deriving from their overuse of a natural resource that should have (...) been shared more equitably. These accounts of what might be termed ‘natural debt’ generally focus on one particular natural resource (global GHG sink capacity); invoke a principle of justice by which rights to consume this resource should have been allocated (most commonly, equal per capita shares); and then argue that historical violations of this principle give rise to certain rectificatory duties in the present (generally, duties on the part of those who have historically consumed an excessive amount of the world’s GHG sink capacity, or who have benefitted from such excess consumption, to offer some form of compensation to those who have not – such compensation usually taking the form of emission credits or cash). Though many seem to find it intuitively plausible that historical high-emissions have incurred some form of debt, significant challenges arise in rendering the concept of natural debt both coherent and defensible. Such problems are not, however, my focus in this piece. Instead, I here suggest that discussions about historical responsibility for climate change commonly fail to recognise certain other past injustices concerning natural resources that appear to hold contemporary relevance. In particular, I argue that it is not just the unequal consumption of global GHG sink capacity that may be of moral significance here; but also the way in which the world’s resources have more generally been governed. (shrink)

Los derechos de conquista, descubrimiento y ocupación, y la libertad de los mares: una genealogía de la injusticia sobre los recursos naturales Este artículo analiza los orígenes coloniales de tres principios del derecho internacional: el derecho de conquista, el derecho de descubrimiento y ocupación, y la libertad de los mares. Argumento que cada uno de estos derechos se estableció como principio jurídico internacional para facilitar la colonización de pueblos lejanos, sus territorios y tierras, y con el fin de acumular sus (...) recursos naturales. El artículo analiza cómo se justificaron estos derechos, qué conjunto de facultades e inmunidades exclusivas conferían, y cómo están vinculados a tres regímenes jurídicos modernos distintos de derechos sobre el espacio natural y sus recursos: la soberanía territorial, los derechos de propiedad privada sobre tierras extranjeras y los bienes marítimos comunes mundiales. En tanto expongo los orígenes moralmente arbitrarios de cada uno de estos principios de derecho internacional, que reflejan las condiciones y los objetivos específicos de determinados proyectos coloniales, también sostengo que los regímenes de derechos sobre los recursos naturales que estos institucionalizaron son convergentes en el sentido de que permitieron una apropiación y una explotación distintivamente injustas de los recursos naturales. El artículo también señala las formas en que la lógica y el funcionamiento de estos regímenes siguen dando forma al uso injusto de los recursos naturales hasta el día de hoy. (shrink)

Abstract. In this article we developed scientific and applied foundations of commercialization of the nature-resource potential of anthropogenic objects, on the example of exhausted mines. It is determined that the category of “anthropogenic object” can be considered in a narrow-applied sense, as specific anthropogenic objects to ensure the target needs, and in a broad theoretical sense, meaning everything that is created and changed by human influence, that is the objects of both artificial and natural origin. It was determined (...) that problems of commercialization of the natural-resource potential of anthropogenic objects are most often considered by researchers for specific objects, without having complex methodological coverage from the point of view of combining environmental, technical, economic and managerial components. When studying the substantiation of the scientific base, the authors confirmed the feasibility of the commercialization of natural-resource potential of anthropogenic objects on the example of a number of theoretical scientific studies in reclamation, reconstruction, recreation, remediation, restoration of biological productivity and economic value of land disturbed by economic activity. The considered examples of exhausted mines in the 21st century in the USA, Canada, Germany, Romania, and Poland indicate a wide range of opportunities for their commercialization. The study of the potential for commercialization of exhausted mines in the post-Soviet countries testified to the underused reserves for the commercialization of their nature-resource potential and their high potential for further development. The authors proposed the identification of anthropogenic objects on the basic livelihood spheres of society. There were identified the main system (natural, biological, technical, economic, social, managerial) and structural (subjects, trends, threats, risks, problems, challenges) factors of diagnosing the state of an anthropogenic object. A set of measures has been developed for commercialization of an anthropogenic object in functional and production activities, product policy, financial and investment spheres, pricing and sales policies, promotion, management and determination of property rights. Recommendations were provided on optimizing the management decision-making process based on a set of positivistic development principles, methods, and management functions. The study allows international organizations, state and local authorities, territorial communities, owners and potential investors to see new opportunities and make mutually beneficial decisions on the rational use of the nature-resource potential of anthropogenic objects. (shrink)

In this chapter, I argue that there is at present no adequate naturalistic grounding of natural human rights and that it's hard to see how there could be one. My argument is even stronger: not only is there no adequate naturalistic grounding, but there is no adequate secular grounding. I close the chapter by arguing that certain versions of theism do have resources that are adequate for the grounding of human rights.

This article makes the normative case for a differentiated approach to the sovereignty of states over natural resources. In the first half of the article, drawing on the example of the Yasuní-ITT-Initiative, I will argue that countries commit a moral wrong when they exploit natural resources for their own benefit, but that they have the moral right to do so given the current structure of the international system. In the second half of the article, I address the question (...) of whether states' rights over natural resources can be justified. Central to my argument will be the distinction between “control rights” and “income rights.” Only control rights, I will argue, can be justified as inherently tied to collective self-determination. (shrink)

In this paper, I argue that Ubuntu can be construed as a strict form of cosmopolitan moral and political theory. The implication of this is that the duty or obligation that humans owe other humans arises in virtue of humanity or the notion of human-ness. That is, one is a person insofar as he or she forms humane relations and it is this particular way of beingness that makes every person both an object and subject of duty. On this cosmopolitan (...) interpretation of Ubuntu, I therefore, argue that Ubuntu would support the principle of natural resource redistribution according to which all humans fall within the scope of justice and the principles of distributive justice. If this is right, then Ubuntu’s cosmopolitanism has something to contribute generally to cosmopolitanism, as an account of global justice. (shrink)

Native American land ethics are not well understood by many governmental natural resource managers. This article presents the results of interviews with selected tribal elders, tribal land managers, and tribal content experts concerning traditional beliefs and values forming a land ethic and how these influence tribal land management practices. The Native American land ethic that emerged from this study includes four belief areas: “All Is Sacred”; ; “Right Action”; ; “All Is Interrelated”; ; and “Mother Earth”;. Traditional Native (...) American beliefs concerning the environment appear to spring from a spiritual context rather than the scientific‐utilitarian context more prevalent in the dominant Euro‐American culture. (shrink)

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. (shrink)

In this paper, we discuss Armstrong’s account of attachment-based claims to natural resources, the kind of rights that follow from attachment-based claims, and the limits we should impose on such claims. We hope to clarify how and why attachment matters in the discourse on resource rights by presenting three challenges to Armstrong’s theory. First, we question the normative basis for certain attachment claims, by trying to distinguish more clearly between different kinds of attachment and other kinds (...) of claims. Second, we highlight the need to supplement Armstrong’s account with a theory of how to weigh different attachment claims so as to establish the normative standing that different kinds of attachment claims should have. Third, we propose that sustainability must be a necessary requirement for making attachment claims to natural resources legitimate. Based on these three challenges and the solutions we propose, we argue that attachment claims are on the one hand narrower than Armstrong suggests, while on the other hand they can justify more far-reaching rights to control than Armstrong initially considers, because of the particular weight that certain attachment claims have. (shrink)

In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers.

In this paper, the objects of philosophical reflection are the important lessons learned from a participatory action research program conducted by the Cordillera Studies Center of UP Baguio in Sagada, Mountain Province, in Northern Luzon, Philippines, which ran from March 1997 to February 2001. This research program used the Community Based Natural Resource Management (CBNRM) approach. Concepts of philosophy are made to re-describe “second order” concepts of theory, as well as “first order” concepts of community-based natural (...) class='Hi'>resource management research, planning, testing, implementation, and monitoring. Concepts used in the context of field work are given philosophical re-descriptions in the form of the ontology of societal totality and nature, ethical thinking applied to land rights and to collective action of marginalized groups, and in the form of epistemological assertions concerning the interaction of indigenous knowledge and the conduct of scientific research itself on community-based natural resource management. (shrink)

In “Property Rights and the Resource Curse” Leif Wenar argues that the purchase and sale of resources from certain countries constitutes a violation of property rights, and the priority in reforming global trade should be on protecting these property rights. Specifically, Wenar argues that the U.S. and other western liberal democracies should not be complicit in the trade of so-called cursed resources, and the extant legal system can be used to end the trade in cursed resources (...) by prohibiting the importation of cursed resources, litigating against companies that operate in resource-cursed countries, and imposing trade tariffs on third party countries’ exports if they trade in cursed resources. In this paper, I show that while Wenar is correct that the trade in cursed resources is morally objectionable and therefore creates additional moral obligations for participants in that trade, his normative assessment fails to take account of the complexity of the resource curse and his prescriptive proposal for clean trade will not reduce harm in resource-cursed countries. I suggest that the reduction of harm, rather than the enforcement of property rights, should be the normative and practical focus in evaluating and reforming trade in natural resources. (shrink)

In “Property Rights and the Resource Curse” Leif Wenar argues that the purchase and sale of resources from certain countries constitutes a violation of property rights, and the priority in reforming global trade should be on protecting these property rights. Specifically, Wenar argues that the U.S. and other western liberal democracies should not be complicit in the trade of so-called cursed resources, and the extant legal system can be used to end the trade in cursed resources (...) by prohibiting the importation of cursed resources, litigating against companies that operate in resource-cursed countries, and imposing trade tariffs on third party countries’ exports if they trade in cursed resources. In this paper, I show that while Wenar is correct that the trade in cursed resources is morally objectionable and therefore creates additional moral obligations for participants in that trade, his normative assessment fails to take account of the complexity of the resource curse and his prescriptive proposal for clean trade will not reduce harm in resource-cursed countries. I suggest that the reduction of harm, rather than the enforcement of property rights, should be the normative and practical focus in evaluating and reforming trade in natural resources. (shrink)

Chronic poverty comes in a variety of forms. It is multi-dimensional in its causes and multi-dimensional in its impacts . Although poverty "has an irreducible economic connotation," this connotation "does not necessarily imply the primacy of economic factors" . For example, violent conflict, access to land, and social relations of power are among the most important factors in food security . Integration into global economic markets is as likely to be a source of immiseration and impoverishment as it is a (...) solution . Access to safe drinking water and basic sanitation are significantly impacted by displacement and violent conflict and its aftermath; displacement and violent conflict often have an ethnic dimension. (shrink)

This article considers whether any interpretation of the idea of equal claims to the natural world can resolve the Canyon Dilemma (i.e. can justify protecting the Grand Canyon but not a small canyon from mining by a poor generation). It first considers and ultimately rejects the idea of subjecting natural resource rights to an intergenerational equal division. It then demonstrates that a pluralist theory of environmental justice committed to both respect for the separateness of persons and (...) to the collective good can justify a type of intergenerational non-absolute equal division of natural resource rights that can navigate the Canyon Dilemma. (shrink)

Why do we assign to countries rights to all the positive utilities from their natural resources, but hold them under no duty to bear costs for the negative utilities generated by those resources for those beyond their borders? In this paper I suggest that this ‘volcanic asymmetry’ has been overlooked by statist and cosmopolitan theories and that, despite of the arguments that might be given on its behalf, keeping this asymmetry requires further normative justification. I present two ways (...) of getting rid of it, conclude that neither is satisfactory, and point to an alternative path. (shrink)

These lectures constitute the earliest version of Hegel's Philosophy of Right, one of the most influential works in Western political theory. They introduce a notion of civil society that has proven of inestimable importance to diverse philosophical and social agendas. This transcription of the lectures, which remained in obscurity until 1982, presents the philosopher's social thought with clarity and boldness. It differs in some significant respects from Hegel's own published version of 1821. Nowhere does Hegel make plainer the difference between (...) his concept of objective spirit and traditional concepts of natural law or offer a more prominent treatment of the key notion of recognition. His description of poverty is more forceful and his critique of existing social conditions more thorough than in the published edition, which had to satisfy the Prussian censor. The strictly limited powers of the monarch are more clearly delineated in the Heidelberg lectures, and the arguments for a bicameral legislature are more explicit. Hegel formulates in a more dynamic way his understanding of the relationship between rationality and actuality--the rational is not what exists but what is coming into being--and sets forth more simply and clearly the central themes of his political philosophy--freedom, justice, and community. The Heidelberg lectures are an indispensable resource for understanding the edition of 1821 and an invaluable supplement to one of the great classics of political philosophy. (shrink)

Earth is the home planet, right for life. But rights, a notable political category, is, unfortunately, a biologically awkward word. Humans, nonetheless, have rights to a natural environment with integrity. Humans have responsibilities to respect values in fauna and flora. Appropriate survival units include species populations and ecosystems. Increasingly the ultimate survival unit isglobal; and humans have a responsibility to the planet Earth. Human political systems are not well suited to protect life atglobal ranges. National boundaries ignore (...) important ecologicalprocesses; national policies do not favor an equitable distribution of sustainable resources. But there are signs of hope. (shrink)

This article examines the question of who has a right to control and benefit from genetic resources globally. To this end it draws on different accounts in the resource rights literature with a focus on the specific features that distinguish genetic resources from other types of natural resources. It will be argued that due to the intangible and non‐territorial nature of genetic resources, territorial rights over these resources are difficult to maintain. Moreover, the vulnerability of genetic (...) resources implies that much cost and effort is required to protect them. I will argue that not only benefits resulting from the use of genetic resources but also these costs associated with their protection should be an object of distributive justice. To accommodate these two points I will introduce the model of a global biodiversity fund that could replace the bilateral access and benefit sharing negotiations suggested by the Convention on Biological Diversity. (shrink)

A currently popular proposal for fairly distributing emission quotas is the equal shares view, which holds that that emission quotas should be distributed to all human beings globally on an equal per capita basis. In this paper I aim to show that a number of arguments in favour of equal shares are based on a misleading analysis of climate change as a global commons problem. I argue that a correct understanding of the way in which climate change results from the (...) overuse of a global commons shows those who defend equal shares using commons arguments to be harbouring more controversial commitments than might at first appear. I then discuss two options for equal shares theorists who wish to maintain the view in the face of my critique, and attempt to show that one approach holds more promise than the other. (shrink)

A number of hugely valuable natural resources fall outside of the borders of any nation state. We can legitimately expect political theory to make a contribution to thinking through questions about the future of these extraterritorial resources. However, the debate on the proper allocation of rights over these resources remains relatively embryonic. This paper will bring together what have often been rather scattered discussions of rights over extraterritorial resources. It will first sketch some early modern contributions to (...) thinking through rights over the ocean. It then discusses the guidance available within more contemporary contributions to debates on resources beyond the state. Finally, it concludes by emphasising the key questions with which future work on this topic must engage. (shrink)

Capitalism is often defended by appeals to natural rights: only in a free market, it is said, are people protected from the illegitimate intrusions of others. Coercion, either to prevent exchanges or to redistribute wealth, violates people's rights. But much of the property people have acquired came not from their own effort or the efforts of those who gave them gifts, but instead was taken from nature. Thus the question I propose to discuss in this paper: How (...) is it that an unowned natural resource can legitimately be acquired for private benefit? Much thought has been given by libertarian defenders of capitalism to justifying the claim that, once owned, property cannot be taken without its owner's consent. Relatively little attention has been paid, however, to how the original acquisition can be justified. Indeed, I argue here that if one approaches the problem of resource appropriation from the perspective of the Lockean ‘proviso,’ that enough and as good must be left in common, then the typical method of acquiring property under capitalism is unjust. Libertarians must either give up the individualistic, state of nature approach to economic justice or admit that appropriation of natural resources requires compensation of people who do not get a share of the resource. (shrink)