Permanent Sovereignty Over Natural Resources Under International Law: An Analysis
- IJLLR Journal
- 10 hours ago
- 1 min read
Arushi Singh, LL.M., Faculty of Law, University of Delhi.
ABSTRACT
Nations hold complete authority over their natural assets and may choose to develop or conserve them. Under international law, countries enjoy lasting control over resources situated inside their borders. Any resource found within a state’s territory belongs to its citizens collectively. This idea gained renewed focus during decolonisation. The concept of unbreakable national control over such assets has been clarified and reaffirmed in many actions by global bodies. Most provisions on lasting sovereignty appear in United Nations General Assembly resolutions, with some also present in treaties.
A core principle in international law allows formerly colonised countries to exercise full authority over resources inside their frontiers. Although early UN General Assembly resolutions on the subject were passed in the post- colonial period, growing opinion holds that this right should expand to let non-state groups and local populations determine ownership and usage of resources within a country. International law now recognises several concrete and methodical entitlements for aboriginal communities, comprising property rights over resources, participation in decisions plus FPIC for extraction projects, and shared benefits from commercial exploitation on their lands. This article contends that lasting national control over resources complements the claim of peoples to self direction and imposes clear limits on how property claims in resources are distributed. By granting indigenous groups substantive and procedural powers to manage resources, states have transferred part of their authority to non-state entities, thereby challenging the view that lasting sovereignty belongs solely to the state.
Keywords: Lasting control over natural resources; International law; Global agreements; Human rights; Indigenous communities; Self-determination.
