Resources grabbing and human rights: building a triangular relationship between states, indigenous peoples and corporations

Bernaz, Nadia and Gilbert, Jérémie (2015) Resources grabbing and human rights: building a triangular relationship between states, indigenous peoples and corporations. In: Natural Resources Grabbing: An International Law Perspective. Bonfanti, Angelica, Romanin Jacur, Francesca and Seatzu, Francesco, eds. Legal Studies on Access and Benefit-sharing, 4 . Brill, pp. 38-51. ISBN 9789004305656. [Book Section]

Abstract

Control over natural resources is a highly controversial issue. Natural resources can be said to belong to the State as part of its sovereignty, but under human rights law, peoples have the right to freely dispose of their own natural resources. Hence, sovereignty over natural resources is defined both as a State and peoples’ right, turning it into a multifaceted and even ambiguous legal concept. In analysing this ambiguity, the chapter examines whether international human rights law and soft law standards on business and human rights may influence the way natural resources are exploited, and notably how the rights of local communities could be better protected in that context. In analysing the role of the State, the rights of indigenous peoples, and the responsibilities of corporations, this chapter aims at exploring the extent to which the international human rights legal framework encourages the consolidation of a triangular relationship between States, indigenous peoples and corporations when it comes to the exploitation of natural resources.

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