International Law and the Extractive Industries

This chapter covers international laws that can impact the governance of natural resources. Trade law is one example, as it can require governments not to restrict experts of natural resources. Other examples include conventions on corruption and human rights treaties. This chapter focuses on international investment law, illustrating the protection of foreign investors and foreign investments, for two key reasons. First, it limits the ability of governments to regulate or take actions impacting investments in extractive industries, and second, it can move resolution of disputes in the extractives industry into a more private system of international arbitration with less stake in domestic courts, legal systems, et al. Various examples are profiled, as are the responses countries are putting in place to address these challenges.

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