Globalisation and Natural Resources Law, by Elena Blanco and Jona Razzaque, Cheltenham, UK, Edward Elgar Publishing, 2011, 417 pp., £36.00 (paperback), ISBN 978-1-84844-250-4
Overstating the importance of the topic of “Globalisation and Natural Resources Law” seems to be hardly possible. Natural resources have come under increasing pressure since booming economies in “emerging countries” have added to the traditional high demand from “developed economies”. Linking natural resources to globalisation is crucial, not only since economic expansion thrives on globally intertwined markets, but also since many environmental consequences of natural resources exploitation are global in nature. While national authorities decide, in principle, on the natural resources situated on their territories, the governance of natural resources often takes a transnational turn because of these global ramifications. Exploring the possibilities and constraints of law to efficiently and equitably govern natural resources in this global arena is thus a particularly relevant, yet also highly complex venture.
Elena Blanco and Jona Razzaque have taken up this gauntlet, examining the extent to which national and international laws are instrumental in the good governance of natural resources. Their book consists of three parts. The logical starting point is to lay out the key concepts, principles and theories. Inequality (both within and across countries), sovereignty, global governance, natural resources destruction, ecosystem services, the right to development, sustainable development, foreign direct investments, command-and-control versus market-based governance and substantive versus procedural rights are the main aspects covered. Next, the authors discuss the roles that different actors play in the governance of natural resources. These actors include the “usual suspects” in a book on law in a global context: nation-states, global institutions (like the World Bank and the World Trade Organization) and regional institutions (including the European Union and the North American Free Trade Agreement). Other major stakeholders, who do not issue any “hard law” yet are still highly relevant, are also discussed, in particular, multinational corporations, export credit agencies, civil society and indigenous peoples. Thereby, the scope of the book goes beyond a strictly legal one. The third and final part zooms in on three types of natural resources that are crucial for sustaining human life: water, renewable energy and biodiversity. The conceptual insights and perspectives of different actors converge around these critical resource types.
Blanco and Razzaque should be lauded for their comprehensive approach. They go beyond a purely legal perspective by also considering political, economic, and sociological factors and relations. Such a systemic approach is indispensable to come to grips with a multifaceted phenomenon like natural resources governance. The authors are well-read, citing a wealth of relevant literature. Importantly, they clearly describe and richly illustrate a variety of aspects and lenses in relation to the governance of natural resources in a global context. Students, scholars and policy makers with an interest in this topic are likely to appreciate the many valuable insights that the book offers.
No human venture is perfect. Among the things I missed most was an overarching framework, an analytical synthesis of key insights. It would have been useful to offer a synopsis of which aspects of natural resources governance are best addressed via legislation and which ones are better left to market actors or civil society. Under what conditions do national governments or supranational authorities have the capacity and willpower to regulate which aspects of natural resources? When do domestic, foreign or supranational non-state actors have the self-interest and power to efficiently and equitably govern natural resources? And if existing governance options fall short, how can they be realistically remedied? Clear answers to these poignant questions, structured around diagnostic and prognostic frames, would have been insightful. Furthermore, the book is somewhat biased towards sympathy with the “have-nots” (in particular, the poor) and those suffering from the unsustainable exploitation of natural resources. While this is a noble attitude, it is not necessarily the best way to get to the analytical heart of thorny issues in a world of “realpolitik”.
All in all, “Globalisation and Natural Resources Law” offers a rich account of the multiple aspects and perspectives around the question of feasible and fair governance of natural resources. The book is a good read for lawyers and other social scientists, both in academia and in the “real world”, with a broad scope and an interest in how globally interconnected actors can sustainably manage our planet's resources.
© 2012, Frank Wijen