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2. The principle of permanent sovereignty over wealth and natural resources

Sovereignty over natural resources is a derivative of two principles of international law: the self-determination of nations and the sovereignty of states. In the ruling in the case of Democratic Republic of the Congo v. Uganda,¹¹ the International Court of Justice stated that, having exceeded the framework of a non-binding concept, this principle became the rule of international customary law. Its formulation in Resolution No. 1803 of 14 December 1962, emphasizing its economic aspects, preceded further stages of its evolution, taking into account also the perspective of protection and rational use of natural resources. New trends, emerging in an increasingly interdependent world, bring about the creation of further duties and rights that require legislative efforts, including in the field of regulation of foreign investments, environmental protection, and sustainable development.

2.1 The historical context and evolution

The principle of permanent sovereignty over natural resources has basically two sources: on the one hand, the issue of economic development, especially in the so-called developing countries, and, on the other hand, the international principle of the right to self-determination and pacta sunt servanda, as well as the duty to cooperate for development.¹² Undoubtedly, it is also anchored in the principle of sovereign equality.¹³ The basis for the principle of permanent sovereignty over natural resources has already been established by the United Nations Charter.¹⁴ Article 2, paragraph 7, introduces the concept of territorial jurisdiction of states, and recital 2 confirms the belief in the equality of nations large and small. Recital 4 calls for promoting social progress and improving living conditions in larger freedom. Article 1, paragraph 2, lists the principles of equality and self-determination of nations. In addition, Article 2, paragraph 1, of the Charter of the United Nations introduces the principle of sovereign equality of states. Article 55 establishes the need to promote economic and social progress and development, as well as the development and respect of human rights and fundamental freedoms.

The post-war period abounded in universal undertakings whose aim was to emphasize the importance of natural resources for the contemporary world. Post-war dependence on foreign raw materials was expressed in the Atlantic Charter of 1941 by the United States of America and the United Kingdom, which raised the issue of access on an equal basis to world trade and raw materials necessary for their economic development.¹⁵ Also the International Bank for Reconstruction and Development¹⁶ and the International Monetary Fund,¹⁷ established at the Bretton Woods conference in 1944, indicated in their founding files the need to develop the production of resources of all members. In 1947, the United Nations Food and Agriculture Organization organized an International Wood Conference to consider wood availability for the reconstruction of countries destroyed during the war.¹⁸ In 1949, the Economic and Social Council organized an academic conference on the protection and use of natural resources, the scope and goals of which were defined by the President of the United States, Harry Truman.¹⁹ The agenda included six main topics: land, water, forests, wild animals and fish, fuels, energy and minerals. The most urgent problem was the exhaustibility of basic raw materials in the world in confrontation with the needs of an ever-growing population. During the same period, interest in natural resources of the seabed and fisheries on the high seas intensified. By President Truman’s proclamation of 28 September 1945, the United States announced that the continental shelf adjacent to their land territory belongs to the United States, subject to their jurisdiction and rulership.²⁰ The justification argued that the exploitation of subsea deposits should be encouraged in view of the global need to access new oil and other mineral resources. Reasonable use of them will be possible if the given entity has the competence to decide on the manner of their exploitation. Furthermore, such competence is best granted to a coastal state, since the continental shelf is a geological extension of the land territory of a coastal state. In 1952, Chile, Ecuador, and Peru in the so-called Santiago Declaration on the maritime zone proclaimed the maintenance and protection of natural resources in their naval zones adjacent to their shores²¹.

The 1950s were also a period of the colonized states’ demands for independent control over natural resources within their territories. On the one hand, permanent sovereignty over natural resources was part of a movement aimed at strengthening the political and economic sovereignty of newly independent states, especially in Latin America. It can be seen as a derivative of the principle of national sovereignty established at that time, which includes economic jurisdiction over natural resources as well as domestic and foreign economic activity in the state. On the other hand, sovereignty over natural resources has become an inseparable element of the struggle of colonial peoples and non-governing territories for political independence based on a much younger principle of self-determination. In this way, sovereignty over natural resources has become an integral part of the decolonization movement, because it was widely believed that achieving political self-determination would be only apparent unless economic self-determination were carried out simultaneously.²² The UN General Assembly Resolution 523 (VI) of 12 January 1952 on integrated economic development and commercial agreements,²³ adopted on that date, recognizes that underdeveloped countries have the right to freely shape their natural resources, and they should do so in a way that would ensure their better position in further implementation of their economic development plans, in accordance with their national interests, as well as in line with continuing development of the global economy. The Resolution also indicates that commercial agreements should not contain economic or political conditions that violate the sovereign rights of underdeveloped countries, including the right to define their own plans for economic development.²⁴ Following the Iranian nationalization of the Anglo-Iranian Oil Company in 1952, Uruguay submitted a motion for a resolution that recommended that countries should recognize the right of each country to nationalize and freely use its natural resources as an important factor in independence. In the same year, UN General Assembly Resolution No. 626 (VII)²⁵ stated that the right of nations to freely use and exploit their natural resources and health is within their sovereignty.²⁶

The General Assembly Resolution No. 1314 (XIII) of 1958²⁷ established a Committee for permanent sovereignty over natural resources, whose task was to conduct a full study of the state of permanent sovereignty over natural resources as a fundamental component of the right to self-determination, with a recommendation for its possible strengthening. In addition, it was decided to pay due attention to the rights and obligations of states arising from international law, as well as the importance of supporting international cooperation for the economic development of developing countries. As a result of the Committee’s activities, Resolution No. 1803 (XVII) was adopted regarding permanent sovereignty over natural resources,²⁸ in which the concept of permanent sovereignty over natural resources was reiterated and it was stated that the right of peoples and nations to permanent sovereignty over natural resources should be exercised in the interest of their national development and in the interest of the well-being of the people in a given state (Article 1). According to Article 2, the search, development, and disposal of natural resources, as well as the acquisition of foreign capital for these purposes, should be consistent with the principles and conditions that peoples and nations are free to consider necessary or desirable with regard to granting, restricting, or prohibiting such activities. The next two articles contain regulations regarding the treatment of foreign investors. According to Article 3, the profits derived from investments must be shared between the investor and the host country in accordance with the freely agreed profit sharing ratio. Moreover, nationalization, expropriation, or requisition should be based on considerations of public utility, security and national interests, while disputes should be resolved by agreement of the parties, in arbitration or by international courts (Article 4). The Resolution refers in its content to the importance of sovereign equality of states (Article 5) and stipulates that international cooperation and development must be directed towards supporting the independent development of developing countries and based on respect for their sovereignty in terms of their wealth and natural resources (Article 6). Article 7 emphasizes that the violation of the rights of peoples and nations to sovereignty over their wealth and natural resources is contrary to the spirit and principles of the United Nations Charter and hinders the development of international cooperation for the maintenance of peace. Article 8 combines investment regulations with the question of sovereignty over natural resources and stipulates that investment agreements concluded with a foreign entity should be respected in good faith and that states and international organizations should respect the sovereignty of peoples and nations over natural resources, in accordance with the Charter of the United Nations and the rules set out in this Resolution.

Although the Resolution is declaratory and expresses the then legal status in the area in question, it also contains quasi-legal elements, which are: granting the attribute of sovereignty over natural resources both to the state for its own development and people for their well-being (Article 1); legal international approval for taking over other people’s property (Article 4 sentence 1); and giving priority to domestic dispute resolution measures (Article 4 sentence 2). The resolution also shows programme features by introducing guidelines on the distribution of profits in arbitrarily set ratios (Article 3) and indicating support for independent development of developing countries, based on respect for their sovereignty in terms of their wealth and natural resources (Article 6) as the objective of international cooperation.²⁹ Being the result of intense preparatory work and fruitful discussions and responding to the need to achieve political consensus on this issue, Resolution 1803 (XVII) soon became the declaration of economic decolonization – a derivative of the political declaration as enshrined in Resolution No. 1514 (XV).³⁰ It has been adopted by many countries, representing not only all geographical areas, but also all the economic systems of the world. Consequently, it formulates the opinio iuris communis of the international community and thus reflects the state of customary international law in this field, including the contentious issue of nationalizing foreign ownership under international law.³¹

The above solutions became the basis for adopting further regulations, oriented on the need to strengthen the national potential for the development, as well as the use and marketization of resources. In 1964, the United Nations Conference on Trade and Development (UNCTAD) was convened.³² General Principle Three of the Final Act of UNCTAD³³ stipulates that any state has the sovereign right to freely trade with other countries and to freely dispose of its natural resources in the interest of economic development and well-being of its citizens. This statement was reinforced by Resolution No. 2158 (XXI)³⁴ adopted in 1966, which stresses that in order to ensure the exercise of permanent sovereignty over natural resources, it is essential that their exploitation and marketing are oriented to achieve the fastest possible growth rate of developing countries. The resolution also establishes a link between resource sovereignty and development by stating that the natural resources of developing countries are the basis for their economic development in general and their industrial progress in particular. It also recognizes that in order to ensure sustainable sovereignty over natural resources, developing countries commit to exploiting their natural resources and trading them in such a way that they can gain as many benefits as possible in the interest of their national development. Foreign capital can play an important complementary role, but developing countries should on an equitable basis ensure adequate participation in management and profits of foreign companies. These, in turn, should train national staff at all levels. This resolution has therefore placed an emphasis on the exercise of permanent sovereignty over natural resources in the economic and social context, attempting to grant developing countries a status that would allow for their own natural resources to be extracted, processed, and marketed. It perceives foreign investment as a complementary element and contains programme provisions on the transfer of capital and know-how to developing countries in the mining and marketing of their natural resources, as well as on increasing the participation of developing countries in the management of foreign companies operating in their territory and in the profit gained from them.

The 1970s brought a confrontation between developing and developed countries in place of previous cooperation. The principle of permanent sovereignty over natural resources began to be used as a basis for legitimizing a more radical policy of nationalization and establishing associations of producers, such as the Organization of Petroleum Exporting Countries (OPEC)³⁵ established in 1960 in Baghdad. At a special session of the UN General Assembly on the problems of raw materials and development, on 1 May 1974, Resolution No. 3201 was adopted entitled “Declaration on the Establishment of a New International Economic Order”.³⁶ This resolution, strongly supported by developing countries,³⁷ proclaimed, among others, full sovereignty of any state over its natural resources and all economic activity, including the right to nationalize funds or transfer its property to citizens, and granted the right to restitution and full compensation for exploitation and depletion of natural resources and all other resources of states and nations being under foreign occupation, foreign and colonial domination or apartheid, inter alia based on the principle of full sovereignty of any state over its natural resources and all kinds of economic activity, including the right to nationalize property or transfer ownership to citizens.³⁸

In 1974, the UN General Assembly adopted the “Charter of States’ economic rights and obligations” covered by Resolution No. 3281 (XXIX)³⁹ and supplemented by the “Declaration on New International Economic Order”. According to Article 2 (1) of this Declaration, every state is free to exercise permanent sovereignty, including possession, use, and disposal of all its wealth, natural resources, and economic activity. This document contains numerous provisions providing for the possibility of regulating foreign investments and their nationalization by the host state, granting the state, inter alia, the right to regulate and exercise authority over foreign investments within its national jurisdiction, in accordance with its laws and regulations, and in line with national objectives and priorities,⁴⁰ and emphasizes the need for the host state to regulate and operate transnational corporations under its national jurisdiction and take measures to ensure that such activities are in accordance with its laws, rules, and regulations, as well as with their economic and social policy.⁴¹

During this period, in 1972 in Stockholm the first ever United Nations Conference on the protection of the human environment took place, during which the issue of the environment was addressed in a holistic way. The achievements of the conference included, in particular, the condemnation of nuclear weapons’ tests, the establishment of World Environment Day, and the adoption of an action plan on recommendations for further international action. The most important achievement of this conference was, however, the adoption of the Stockholm Declaration,⁴² which shifted the center of gravity of the discussion towards increasing international cooperation in the field of governance of natural resources. It contains a series of rules whose aim was to influence the behaviour of states in their environmental activities. The most important provision in this respect is provided in art. 21, which stipulates that states have a sovereign right to use their resources when applying their own environmental policy, and are responsible for ensuring that activities carried out within their jurisdiction or under their control do not harm other states or areas that are located beyond the limits of national jurisdiction. The Stockholm Declaration served as the basis for formulating guidelines for the United Nations Environment Programme (UNEP)⁴³ of 1978 on the distribution of cross-border resources. These documents limited the exercise of sovereignty over natural resources by reference to the rules of international law, such as due diligence, good neighbourliness, and state liability for extraterritorial damage. The UN General Assembly then adopted in 1982, at the initiative of the International Union for Conservation of Nature,⁴⁴ the World Charter for Nature,⁴⁵ which formulated a number of environmental parameters regarding the use of natural resources, while taking into account the sovereignty of states over their natural resources.

The United Nations Convention on the Law of the Sea⁴⁶ adopted in 1982 led to a thorough revision of the sovereignty of the coastal state over marine resources. This convention extended the width of the territorial sea to 12 nautical miles with full authority over natural resources. It also introduced new regulations regarding the breadth of the extended continental shelf and the exclusive rights of coastal states to the exploration of the continental shelf and the exploitation of its natural resources. This convention established a limit of 200 nautical miles for an exclusive economic zone.⁴⁷ As in the case of the continental shelf, a coastal state does not enjoy full sovereignty within the exclusive economic zone, but only sovereign rights to natural resources, both animate and non-animate, from the seabed and subsoil, and covering waters. In addition to the rights, the UN Convention on the Law of the Sea also imposed obligations on the management of marine resources and natural resources.⁴⁸ It requires all states to protect and preserve the marine environment, while recognizing their sovereign right to exploit their natural resources according to their environmental policy. It also establishes a detailed international cooperation system for the management of the seabed and its natural resources (in particular polymetallic concretes), which it considers to be the common heritage of mankind.

During this period, attention was also paid to the protection and rational use of natural resources.⁴⁹ The necessity of reconciling economic development with environmental protection was covered by the concept of sustainable development, introduced into international policy by the World Commission on Environment and Development, known as the Brundtland Commission, in the 1987 report “Our common future”.⁵⁰ The concept of sustainable development has been succinctly described as a development that meets the needs of the present generation without diminishing the prospects of future generations to meet their own needs. In this respect, the UN General Assembly convened in 1989 a conference on Environment and Development. The conference was held in 1992 in Rio de Janeiro, and, due to the thematic reach and interest of states, it was called the “Summit of the Earth”. It continued the achievements of the Stockholm conference. The main results of the Rio conference were: the “Agenda 21” document,⁵¹ the Framework Convention on Climate Change,⁵² the Convention on Biological Diversity,⁵³ the Statement of Principles for a Global Consensus on the Management, Conservation, and Sustainable Development of all Types of Forests,⁵⁴ and the Rio de Janeiro Declaration on Environment and Development.⁵⁵ The last document contains a catalogue of rules of conduct, among which the key principle is putting humanmankind at the centre of the process of sustainable development (No. 1). This process itself must take into account the needs of present and future generations (No. 3). Finally, environmental protection must be linked to economic development (No. 4). The Rio Declaration on Environment and Development aims to strike a balance between environmental protection and economic development in developing countries. Although the document is based on the Stockholm Declaration of 1972, it more explicitly refers to the exercise of sovereignty over resources both in the context of development and environmental protection. While No. 21 of the Stockholm Declaration declares that states have a sovereign right to exploit their own resources in accordance with their own environmental policy, Rule 2 of the Rio Declaration adds: “and (policy) of development”. Article 2 of the Convention on Biological Diversity introduces the term “sustainable use”, defined as using elements of biological diversity in such a way and with such intensity that it does not lead to long-term decline of biodiversity, by maintaining its potential in the way that meets the needs and aspirations of present and future generations.⁵⁶ The United Nations Framework Convention on Climate Change and the Convention on the Conservation of Biological Diversity were open for signature at the Rio conference. Further global conferences, in particular the World Summit in Johannesburg in 2002 and the Rio+20 Sustainable Development Conference in 2012, continued global engagement in sustainable development and confirmed sovereignty over natural resources, along with state commitments for environmental protection and development as one of their essential elements.

The principle of permanent sovereignty over natural resources is also associated with the increased attention to the rights of indigenous peoples, in particular with regard to their native lands and natural resources. Regulations establishing the rights of indigenous peoples and setting standards for the protection of these rights⁵⁷ are included in the United Nations General Assembly Declaration on the Rights of Indigenous Peoples,⁵⁸ and in the International Labour Organization Convention No. 169 on indigenous and tribal peoples (1989),⁵⁹ in the International Covenant on Civil and Political Rights,⁶⁰ as well as the African Charter on Human and Peoples’ Rights.⁶¹ All of the above acts establish the duty of states to take measures, in cooperation with the peoples concerned, to protect and preserve the natural environment of the territories inhabited by these peoples.⁶² States not only have the duty to respect these rights, but also have a positive obligation to pursue policies that both respect and protect the rights of indigenous peoples. In addition, the implementation and protection of indigenous peoples’ rights should proceed through a fair, independent, open and impartial process in which indigenous peoples are to have the full right to participate in matters that may affect their rights to their land, territories, and natural resources.⁶³

The principle of permanent sovereignty over natural resources has been included in treaty law, mainly concerning the protection of investment and the natural environment. The Treaty on the International Energy Charter⁶⁴ provides a multilateral framework for cooperation in the field of energy and aims to promote energy security through the interaction of open and competitive energy markets, while respecting the principles of sustainable development and sovereignty over energy resources. This document, initially treated as a future basis for relations with oil and gas-rich former Soviet republics, underlines the recognition of the sovereignty of states over their energy resources, constituting a legal and political foundation for creating an open international energy market. The following conventions can be referred to in the field of environment: the Framework Convention on Climate Change⁶⁵ and the Convention on Biological Diversity.⁶⁶ Regional solutions include the Protocol Against the Illicit Exploitation of Natural Resources, adopted in 2006 by the International Conference in the Great Lakes Region.⁶⁷ The protocol defines the concept of illegal exploitation, understood as any exploration, development, acquisition, and disposal of natural resources in violation of the law, customs, practices, or the principle of permanent sovereignty over natural resources (Article 1). It also confirms that members of this conference of states from the Great Lakes Region are free to dispose of their natural resources (Article 3). The principle of permanent sovereignty over natural resources has also been incorporated into the Vienna Convention of 1978 State Succession to Treaties⁶⁸ and the Vienna Convention of 1983 on Succession of States in Respect of State Property, Archives and Debts⁶⁹.

The principle of permanent sovereignty over natural resources has also been repeatedly invoked in the jurisprudence of international courts and tribunals, as well as in quasi-judicial verdicts of treaty institutions, especially those concerning human rights. With regard to international arbitration awards, reference should be made to the 1954 Texaco⁷⁰ ruling and the Liamco⁷¹ ruling of 1981 on the nationalization of oil companies in Libya. Both of these rulings refer to the principle of permanent sovereignty over natural resources and its formulation in Resolution No. 1803 (XVII) regarding permanent sovereignty over natural resources.⁷² The International Court of Justice ruled on fisheries jurisdiction as well as the delimitation of the continental shelf: the principle of permanent sovereignty over natural resources was explicitly mentioned in the judgment in Democratic Republic of Congo v. Uganda, in which the Court stated that this principle is part of customary international law.⁷³ In addition, elements of this principle arose from certain consultative opinions, such as the Namibia case (1971),⁷⁴ the Western Sahara case (1975)⁷⁵ and the legal consequences of the construction of a wall in the Occupied Palestinian Territories (2004).⁷⁶ The principle of permanent sovereignty over natural resources is also present in the case law in the field of human rights. The Inter-American Commission and the Inter-American Court of Human Rights ruled on indigenous cases brought, including against Guatemala (Bamaca-Velasquez, 2000)⁷⁷, Suriname (Saramaka indigenous people, 2007),⁷⁸ and Ecuador (Kichwa indigenous people of Sarayaku, 2012).⁷⁹ The African Commission expressed an opinion in the context of the principle of permanent sovereignty over natural resources in the matter concerning the right to self-determination of the Ogoni indigenous people in the Niger Delta (2001)⁸⁰ and on the local communities of the ethnic group Endorois indigenous people against Kenya (2003).⁸¹

The availability of natural resources sometimes turns out to be a curse.⁸² The economic value of natural resources can be the source of violent conflicts, such as the conflict over stones and wood in Cambodia, or the basis of serious controversies, such as the issue of “blood diamonds” in Liberia, Sierra Leone, and the Democratic Republic of the Congo.⁸³ It has led to the increased interest in the principle of sovereignty over natural resources and the principles of international humanitarian law in areas under occupation, especially those contained in the Geneva Convention on the Protection of Civilians in Time of War.⁸⁴ The United Nations General Assembly Resolution 3336 on the Israeli occupation of Palestinian territories⁸⁵ confirmed the right of nations under occupation to restitution and full compensation for exploitation, losses, and depletion of natural resources and related damage in the area under occupation. The International Court of Justice in the case of the Democratic Republic of the Congo v. Uganda explained that the permanent sovereignty over natural resources as an element of international customary law also applies during the occupation.⁸⁶ In the advisory opinion on the legal consequences of the construction of the wall in the Occupied Palestinian Territories,⁸⁷ the International Court of Justice stated that human rights conventions do not cease to apply during armed conflict, at least with regard to certain rights.

2.2 Principle of permanent sovereignty over natural resources as a source of international law

Article 38 of the Statute of the International Court of Justice (ICJ) provides a list of sources of international law, indicating that the rules and principles of international law should come from: international conventions, both general and particular, establishing rules expressly recognized by the contesting states; international custom as proof of the existence of a common practice adopted as law; general principles of law recognized by civilized nations; and – subject to the provisions of Article 59 – judicial decisions and teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of the rules of law.⁸⁸

Due to their high degree of abstractness, principles are considered to be very useful instruments for flexible adaptation to new situations and trends, which contributes to the gradual development of international law.⁸⁹ In order to determine whether the principle of permanent sovereignty over natural resources is a source of international law, the question whether or not it is generally recognized in the light of international law must be answered. This can be determined by referring to the case law of international courts and tribunals, and to the resolutions of international organizations.⁹⁰ In particular, it should be taken into account that regulations of international law naturally evolve over time as a result of the elusive process of adaptation and change. Consequently, it should be considered whether this principle also changes over time or whether it has a feature of permanent validity.

The term “natural resources” was used in the report of the World Trade Organization on the subject of natural resources trade (2010) and narrowly defined as “stocks of materials that exist in the natural environment that are both scarce and economically useful in production or consumption, either in their raw state or after a minimal amount of processing”.⁹¹ Similarly, Article 56 (1) of the Havana Charter establishing the International Trade Organization (1948)⁹² contains a relatively narrow definition of the term “primary commodity”, which means “any product of farm, forest or fishery or any mineral, in its natural form or which has undergone such processing as is customarily required to prepare it for marketing in substantial volume in international trade”. Therefore, the term “resources” in the widest sense would include all measures facilitating or enabling the satisfaction of human needs, tangible and intangible goods, signifying an extremely wide range of production factors, such as: people, products, land, capital; factors for creating well-being, such as trade or investment, living and non-living resources (environmental resources such as clean air, raw materials, energy, goods, microprocessors), social regulation resources, such as legal systems, transport infrastructure, education systems, healthcare systems, welfare systems characteristics of natural persons, such as skills, talents, adaptive abilities, and even human creativity.⁹³

It is legitimate to ask who is entitled and equipped with the legal capacity to freely dispose of natural resources. It is impossible to separate the discussion on the right to permanent sovereignty from the general discussion on the subjects of international law, especially as international law gradually expands the circle of subjects.⁹⁴ Although states are still the main subjects of international law, they are no longer its only subjects. In international law, the term “nation” is often used as a synonym for the term “state”, “nation state”, or “country”.⁹⁵ Although the use of the notion of statehood in individual cases is often controversial, the term “state” has a fairly well-defined meaning.⁹⁶ The UN resolutions often refer to the so-called “undeveloped countries”, and after 1960 to the so-called “developing countries”. Doctrine further categorizes these concepts.⁹⁷ Since the debate on permanent sovereignty, it has become obvious that these are the general terms covering all African countries (except for South Africa before 1994), Asia (with the exception of Japan), and Latin America, and some European countries such as Albania, Cyprus, and Malta.⁹⁸ The Vienna conventions on succession⁹⁹ introduced an additional sub-category of “newly independent states”, stating that agreements between the state’s predecessor and the newly independent state cannot violate the principle of permanent sovereignty of any nations. The term “newly independent state” is defined as the successor state, within whose territory a dependent territory was located directly before the date of succession, and for whose international relations the state-antecedents were responsible.¹⁰⁰ In the Compensation Advisory Opinion (1949), the International Court of Justice stated that the UN is an “international person” and a “subject of international law capable of possessing rights and duties”.¹⁰¹ Later, other intergovernmental organizations were treated in a similar way. The circle expanded even further due to legal changes related to the principle of self-determination of nations and human rights, which granted nations and individuals rights and obligations under international law. Transnational corporations obtained a limited, functional international personality.¹⁰² This is evidenced by a number of international legal documents, i.e.: procedures provided for in the World Bank Convention on the International Settlement of Investment Disputes between States and Nationals of Other States;¹⁰³ the provisions of the World Bank Convention Establishing the Multilateral Investment Guarantee Agency (MIGA) that allow MIGA subrogation to such rights or claims related to guaranteed investments that the beneficiary of the guarantee may report to the host state and other debtors;¹⁰⁴ and international dispute resolution provisions regarding mineral deposits in the sea and ocean beds contained in the UN Convention on the Law of the Sea (1982).¹⁰⁵ However, it should be noted that this legal status is conditional because it depends on the prior approval of the corporation’s state of origin to comply with the treaties and, in the case of the law of the sea, on financing of a given enterprise by the state. Finally, reference should be made to the development of the concept of “mankind”, which covers both present and future generations. In international law, with regard to the oceans, the cosmos and the global environment, laws and powers fall to mankind as such.¹⁰⁶

The group of entities authorized to dispose of natural resources underwent temporary changes. Initially, in 1950, the right to permanent sovereignty was exercised by “peoples and nations” and “developed countries” due to the fact that permanent sovereignty had its roots in both promoting the economic development of developed countries, as well as the self-determination of nations.¹⁰⁷ When the process of decolonization was progressing, the emphasis on the “nation” and the relationship with “self-determination” decreased and gradually shifted towards “developing countries”. In the 1950s and 60s, reference to “nations” as subjects of law to permanent sovereignty, was probably intended to strengthen the right of nations to self-determination, both before and after their right to political self-determination. After the adoption of Resolution No. 1803 (XVII) regarding permanent sovereignty over natural resources,¹⁰⁸ the word “nation” was only once included in the resolution concerning permanent sovereignty, namely Resolution No. 2692 (XXV).¹⁰⁹ Therefore, it seems reasonable to conclude that the term “nation” lost its significance as a subject of the right to permanent sovereignty.

In the 1960s and 1970s, the disposal of natural resources was increasingly perceived as an attribute of state sovereignty. Hence, the detailed rules of exercising state sovereignty became the main thread of the debate on permanent sovereignty, giving way to the self-determination of nations. This change resulted from an emphasis on the relatively fast process of decolonization, the way in which the newly independent states exercised their sovereignty, and the lack of national representation in the United Nations.¹¹⁰ This “etatist” orientation was mitigated by the growing number of obligations incumbent on states, in particular the duty to exercise permanent sovereignty in the national interest and for the nations’ welfare. However, at that time there was a tendency to devote increased attention to the principle of self-determination and peoples’ rights in the non-colonial context. At present, the rights of indigenous peoples are at the forefront even though indigenous peoples have been previously treated as an object rather than as a subject of international law.¹¹¹

In the 1970s and 1980s, only those nations whose territories were under foreign occupation or under foreign colonial rule or were identified as subjects of the right to permanent sovereignty were considered worthy of UN attention. For example, in 1974, the UN Council for Namibia formulated the right of the people of Namibia to their natural resources and resources of Namibia, which they called their birthright.¹¹² For the same reason, special attention was also given to the rights of the Palestinian people, as well as to some states in Latin America and the Arab areas under Israeli occupation.¹¹³ During this period, however, a clear tendency to limit the circle of permanent entities with state sovereignty was again observed. Both the Charter of States’ Rights and Obligations adopted by the UN General Assembly (1974) and the Seoul Declaration (1986) of the International Law Association (ILA) illustrate this trend: neither Article 2 of the Charter nor Chapter 5 of the Seoul Declaration, which deal with permanent sovereignty, contain any reference to the concept of nation.¹¹⁴

Later, however, there was a further shifting of the centre of gravity away from the colonial nations, which were not yet able to exercise the right to self-determination, and for whom permanent sovereignty was an attribute supporting their independence. Then, permanent sovereignty became an atribute of the undeveloped countries, and subsequently of the developing countries, as well as the newly independent countries seeking economic autonomy. Examples include environmental protection laws included in the World Charter for Nature (1982),¹¹⁵ the rights of nations to develop in the exercise of sovereignty over all their wealths and natural resources contained in the UN Declaration on the Right to Development (1986)¹¹⁶ and the rights of indigenous peoples to their territories, lands and resources included in the UN Declaration on the Rights of Indigenous Peoples (2007).¹¹⁷ Thus, the principle of permanent sovereignty over natural resources has again referred to two primary generators, stressing the nation’s competence to exercise state sovereignty (related, for example, to the implementation of the principle in the interest of people’s welfare). Both sovereignty and self-determination are now the determinant of the subjective side of the principle of permanent sovereignty over natural resources, and it is desirable that they be in balance with each other.

Regarding the subject matter, the analysis of resolutions on permanent sovereignty over natural resources shows a gradual extension of the scope of resources and activities covered by the principle: from “natural resources” and “natural wealth and resources”,¹¹⁸ through “natural resources, on land within their international borders, as well as those on the seabed, in its subsoil, within their national jurisdictions and covering waters”,¹¹⁹ then “natural resources, both terrestrial and marine, and all economic activities for the exploitation of these resources”,¹²⁰ and “natural resources and all economic activities”,¹²¹ to “all wealth, natural resources and economic activities”.¹²²

However, UN authorities have not always consistently applied individual expressions in a given period. For example, the Resolution of 1962 on permanent sovereignty over natural resources interchangeably uses the terms “natural resources” and “natural wealth and resources”. Similarly, the terms “natural resources” and “natural wealth and resources” are used interchangeably in Resolution No. 1803 (XVII), whereas the expressions “all its wealth and natural resources” and “natural resources and wealth” appear only once. The Declaration on the Establishment of a New International Economic Order (1974)¹²³ refers to the permanent sovereignty over natural resources and “all economic activities”, and also includes references to “resources” as such, “natural and other resources” and “resources”. UN resolutions on permanent sovereignty adopted in the 1980s and 1990s, however, tend to gradually return to the original scope of the principle of permanent sovereignty, limiting the expression to “natural resources” or “natural wealth and resources”.¹²⁴

“Natural wealth” refers to those elements of nature from which natural resources can be exploited or which can serve as a basis for economic activities. Natural resources can be described as materials taken from natural wealth that can be renewable or non-renewable and can be used to meet the needs of human beings and other living species.¹²⁵ Both “wealth and natural resources” and “natural resources” are subject to the principle of permanent sovereignty over natural resources. Oil and gas resources meet the criteria for inclusion in the above conceptual ranges.

11 International Court of Justice, Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Judgment of 19 December 2005, ICJ Reports 2005, p. 168, https://www.icj-cij.org/files/case-related/116/116-20051219-JUD-01-00-EN.pdf (2020-01-09). See more: Gawłowicz I., Dyplomatyczne aspekty sporu między Demokratyczną Republiką Konga a Ugandą przed Międzynarodowym Trybunałem Sprawiedliwości, (in:) Aktualne problemy konstytucji: Księga Jubileuszowa z okazji 40-lecia pracy naukowej Profesora Bogusława Banaszaka, Legnica 2017, p. 150—166.

12 S. Hobe, Evolution of the Principle on Permanent Sovereignty Over Natural Resources. From Soft Law to a Customary Law Principle?, (in:) M. Bungenberg, S. Hobe (ed.), Permanent Sovereignty over Natural Resources, Springer International Publishing Switzerland 2015, p. 3.

13 J. Tyranowski, Ekonomiczne aspekty suwerenności i samostanowienia we współczesnym prawie międzynarodowym (zagadnienia podstawowe), RPEiS 1992, No. 1, p. 32.

14 Charter of the United Nations and the Statute of the International Court of Justice, San Francisco 1945, https://treaties.un.org/doc/publication/ctc/uncharter.pdf (2018-07-21).

15 See para. 5 Atlantic Charter. Declaration of Principles issued by the President of the United States and the Prime Minister of the United Kingdom, http://www.nato.int/cps/en/natohq/official_texts_16912.htm (2018-11-26).

16 Art. I (iii), International Bank for Reconstruction and Development, IBRD Articles of Agreement, http://siteresources.worldbank.org/EXTABOUTUS/Resources/ibrd-articlesofagreement.pdf (2016-11-26).

17 Art. I (ii), Articles of Agreement of the International Monetary Fund, https://www .imf.org/external/pubs/ft/aa/ (2018-11-26).

18 F.A.O. International Timber Conference: Marianske Lazne April-May 1947, Empire Forestry Review 26 1947, p. 286–288, http://www.jstor.org/stable/42599651 (2018-11-26).

19 Memorandum by the Department of Exact and Natural Sciences, NS/UNR/1, 10.11.1948, http://unesdoc.unesco.org/images/0015/001547/154751eb.pdf (2020-01-09).

20 150 – Proclamation 2667—Policy of the United States With Respect to the Natural Resources of the Subsoil and Sea Bed of the Continental Shelf, September 1928, 1945, http://www.presidency.ucsb.edu/ws/?pid=12332 (2018-11-26).

21 Art. 3 (ii), No 17458, Chile, Ecuador and Peru Declaration on the maritime zone. Signed at Santiago on 18 August 1952, https://treaties.un.org/doc/Publication/UNTS/Volume%201006/volume-1006-I-14758-English.pdf (2018-11-26).

22 More on this topic: J. Tyranowski, Ekonomiczne aspekty suwerenności…, op. cit., p. 25–40.

23 Sentence 1 of the Preamble, UNGA resolution of 12 January 1952, 523 (VI), Integrated economic development and commercial agreements, https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/067/78/IMG/NR006778.pdf?OpenElement (2018-11-26).

24 Ibidem, No. 1 (b).

25 UNGA resolution of 21 December 1952, 626 (VII), Right to exploit freely natural wealth and resources, http://www.un.org/documents/ga/res/7/ares7.htm (2018-11-26).

26 Ibidem, sentence 3 of the Preamble. See also: R. Andrzejczuk, Stała suwerenność nad zasobami i bogactwami naturalnymi, Roczniki Nauk Prawnych VIII/1998, p. 5–40.

27 UNGA resolution of 12 December 1958, 1314 (XIII), Recommendations concerning international respect for the right of peoples and nations to self-determination, A/RES/1314, http://www.refworld.org/docid/3b00f1e420.html (2018-11-26).

28 UNGA resolution of 14 December 1962, 1803 (XVII), Permanent sovereignty over natural resources, http://www.un.org/documents/ga/res/17/ares17.htm (2018-11-26). See also: S. M. Schwebel, The Story of the U.N.’s Declaration on Permanent Sovereignty over Natural Resources, American Bar Association Journal 49/1963, p. 463–469.

29 Compare: S. Hobe, Evolution of the Principle…, op. cit., p. 18.

30 UNGA resolution of 14 December 1960, 1514 (XV), Declaration on the Granting of Independence to Colonial Countries and Peoples, https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/152/88/IMG/NR015288.pdf?OpenElement (2018-11-26).

31 R. J. Dupuy in the judgment: Sole arbitrator R.-J. Dupuy, Texaco Overseas Petroleum Co. and California Asiatic Oil Co. v. Government of Libyan Arab Republic, Judgment of 1977, reprinted in 17 ILM (1978), p. 3–37, https://www.trans-lex.org/261700/_/texaco-overseas-petroleum-company-v-the-government-of-the-libyan-arab-republic-yca-1979-at-177-et-seq-/ (2018-07-28).

32 United Nations Conference on Trade and Development, http://unctad.org/en/Pages/About%20UNCTAD/A-Brief-History-of-UNCTAD.aspx (2018-11-26).

33 UNCTAD I, Final Act adopted by the Conference at its thirty-fifth plenary meeting held on 15 June 1964, http://unctad.org/en/Docs/econf46d141vol1_en.pdf (2018-11-26).

34 UNGA resolution of 25 November 1966, 2158 (XXI), Permanent sovereignty over natural resources, http://www.un.org/documents/ga/res/21/ares21.htm (2018-01-04).

35 Organization of the Petroleum Exporting Countries, OPEC, http://www.opec.org/opec_web/en/ (2018-11-26).

36 UNGA resolution of 1 Mai 1974, 3201 (S-VI), Declaration on the Establishment of a New International Economic Order, A/RES/S-6/3201, http://www.un-documents.net/s6r3201.htm (2016-11-26).

37 S. Hobe, Evolution of the Principle…, op. cit., p. 19. See also: W. Verwey, The establishment of a new international economic order and the realisation of the right to development and welfare – a legal survey. IJIL 1981, No. 21, p. 1–15.

38 UNGA resolution of 1 Mai 1974, 3201 (S-VI)…, op. cit., No. 4 letter (e).

39 UNGA resolution of 12 December 1974, 3281 (XXIX), Charter of Economic Rights and Duties of States, A/RES/29/3281, http://www.un-documents.net/a29r3281.htm (2016-11-26).

40 Ibidem, Art. 2 (2) (a).

41 Ibidem, Art. 2 (2) (b).

42 Declaration of the United Nations Conference on the Human Environment, Stockholm, 16 June 1972, http://www.unep.org/documents.multilingual/default.asp?documentid=97&articleid=1503 (2018-11-26).

43 United Nations Environment Programme, Principles of Conduct in the Field of the Environment for the Guidance of States in the Conservation and Harmonious Utilization of Nature Resources Shared by Two or More States, Nairobi, 9 May 1978, http://www.unep.org/training/programmes/Instructor%20Version/Part_2/Activities/Interest_Groups/Decision-Making/Supplemental/Enviro_Law_Guidelines_Principles_rev2.pdf (2018-11-26).

44 International Union for Conservation of Nature, IUCN, https://www.iucn.org (2016-11-26).

45 UNGA resolution of 28 October 1982 r., No 37/7, World Charter for Nature, A/RES/37/7, http://www.un.org/documents/ga/res/37/a37r007.htm (2018-11-26).

46 United Nations Convention on the Law of the Sea, http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf (2018-11-26).

47 Ibidem, Art. 57.

48 Ibidem, Art. 193.

49 An early example is the concept of optimal sustainable fishing provided for in Art 2, Convention on Fishing and Conservation of the Living Resources of the High Seas, Done at Geneva on 29 April 1958. Entered into force on 20 March 1966. United Nations, Treaty Series, vol. 559, p. 285.

50 United Nations, Report of the World Commission on Environment and Development, Our Common Future, 1987, Annexed to UN Doc A/42/427-Development and International Co-operation: Environment, http://www.un-documents.net/our-common-future.pdf (2018-11-26).

51 United Nations Conference on Environment & Development Rio de Janerio, Brazil, 3 to 14 June 1992, Agenda 21, https://sustainabledevelopment.un.org/content/documents/Agenda21.pdf (2018-11-29).

52 United Nations Framework Convention On Climate Change, FCCC/INFORMAL/84 GE.05-62220 (E) 200705, https://unfccc.int/resource/docs/convkp/conveng.pdf (2016-11-26).

53 Convention on Biological Diversity, Rio de Janeiro, 5 June 1992, https://www.cbd.int/convention/text/default.shtml (2018-11-29).

54 Non-Legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of all Types of Forests, A/CONF.151/26 (vol. III), http://www.un-documents.net/for-prin.htm (2018-11-26).

55 Report of the United Nations Conference on Environment and Development (Rio de Janeiro, 314 June 1992) A/CONF.151/26 (T. I), http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm (2018-11-26).

56 Convention on Biological Diversity…, op. cit., Art. 2.

57 Extensively about the protection of indigenous people’s rights: Z. Rudnicki, Kultura i rozwój jako podstawowe kategorie odniesienia w tworzącym się prawie ludów tubylczych, Zeszyty Prawnicze 12/4, p. 7–38.

58 UNGA resolution of 13 September 2007 r., 61/295, United Nations Declaration on the Rights of Indigenous Peoples, Annexed to UN Doc A/61/295, http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf (2018-11-26).

59 International Labour Organization (ILO), Convention No 169 concerning Indigenous and Tribal Peoples in Independent Countries, adopted 27.6.1989, 72 ILO Official Bull. 59; 28 ILM 1382 (1989).

60 International Covenant on Civil and Political Rights. Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49, https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx (2018-07-21).

61 African Charter on Human and Peoples’ Rights, Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), http://www.achpr.org/files/instruments/achpr/banjul_charter.pdf (2018-06-15).

62 ILO Convention No 169 …, op. cit: Art. 7 (4): Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.

63 United Nations Declaration on the Rights of Indigenous Peoples…, op. cit., Art. 27. See also: S. Rombouts, Having a Say: Indigenous Peoples, International Law and Free, Prior and Informed Consent. Wolf Legal Publishers, Oisterwijk 2014.

64 Energy Charter Treaty, 17 December 1994, 2080 UNTS 95; 34 ILM 360 (1995); International Energy Charter, http://www.energycharter.org/fileadmin/DocumentsMedia/Legal/IEC_Certified_Adopted_Copy.pdf (2018-11-27).

65 United Nations Framework Convention On Climate Change, FCCC/INFORMAL/84 GE.05-62220 (E) 200705, https://unfccc.int/resource/docs/convkp/conveng.pdf (2018-11-26).

66 Convention on Biological Diversity, Rio de Janeiro, 5 June 1992, https://www.cbd.int/convention/text/default.shtml (2018-11-29).

67 Protocol Against the Illicit Exploitation of Natural Resources, adopted by the International Conference on the Great Lakes Region on 30 November 2006, http://www.icglr.org/index.php/en/rinr (2018-11-27).

68 Vienna Convention of 1978 on State Succession to Treaties, Done at Vienna on 23 August 1978. Entered into force on 6 November 1996, United Nations, Treaty Series, vol. 1946, p. 3.

69 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts, done at Vienna on 8 April 1983. Official Records of the United Nations Conference on Succession of States in Respect of State Property, Archives and Debts, t. II (United Nations publication, Sales No. E.94.V.6).

70 Sole arbitrator R.-J. Dupuy, Texaco Overseas Petroleum Co. and California Asiatic Oil Co. v. Government of Libyan Arab Republic…, op. cit., No. 29–30, 84–88.

71 Iran-United States Claims Tribunal, Libyan American Oil Company (LIAMCO) v. Government of Libyan Arab Republic, Revue de l’Arbitrage, 1980, s. 132–191, reprinted in 20 ILM (1981), p. 53, Judgment of 12 April 1977, https://www.trans-lex.org/261400 (2017-06-24), p. 53, No. 100.

72 UNGA resolution of 14 December 1962, 1803 (XVII), Permanent sovereignty over natural resources, https://www.ohchr.org/Documents/ProfessionalInterest/resources.pdf (2020-01-09).

73 International Court of Justice, Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Judgment of 19 December 2005, …, op. cit., No. 18. See also: I. Gawłowicz, Some reflections on international customary law in the context of the problem of the sources of public international law, Annales Universitatis Apulensis. Series Jurisprudentia 2015, vol. 18, p. 72–78.

74 International Court of Justice, Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, ICJ Reports 1971, p. 16.

75 International Court of Justice, Western Sahara, Advisory Opinion, ICJ Reports 1975, p. 12.

76 International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ Reports 2004, p. 136, No. 111, http://www.icj-cij.org/docket/files/131/1671.pdf (2016-11-26); No. 36.

77 Inter-American Court of Human Rights, Case of Bámaca-Velásquez v. Guatemala, Judgment, 25 November 2000, Series C, No. 70, http://www.corteidh.or.cr/docs/casos/articulos/seriec_70_ing.pdf (2018-06-15).

78 Inter-American Court of Human Rights, Saramaka People v. Suriname, Judgment of 28 November 2007 (Preliminary Objections, Merits, Reparations, and Costs) Series C, No. 172, http://www.corteidh.or.cr/docs/casos/articulos/seriec_172_ing.pdf (2018-06-15).

79 Inter-American Court of Human Rights, Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, Judgment of 27 June 2012, http://corteidh.or.cr/docs/casos/articulos/seriec_245_ing.pdf (2018-11-27).

80 African Commission on Human and Peoples’ Rights, The Social and Economic Rights Action Center and the Center for Economic and Social Rights v. Nigeria, African Commission on Human and Peoples’ Rights, Comm. No. 155/96 (2001), http://www.achpr.org/files/sessions/30th/comunications/155.96/achpr30_155_96_eng.pdf (2018-07-27).

81 African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, 276/2003, http://www.achpr.org/communications/decision/276.03/ (2018-07-27).

82 The plunder of natural resources in the Democratic Republic of the Congo via Uganda, Burundi and Rwanda is part of the international conflict over resources, determined in particular by the possibility of gaining access to rich natural resources in the Great Lakes Region. On the subject of the raw material curse in Nigeria: J. Osiejewicz, Prawo ludności tubylczej do czystego środowiska naturalnego w konfrontacji z wydobyciem ropy naftowej w Delcie Nigru, (in:) J. Jaskiernia, K. Spryszak, Ochrona praw człowieka w Afryce. Aksjologia – instytucje – nowe wyzwania – praktyka, Toruń 2017, p. 445–459.

83 See comprehensively: D. Dam-de Jong, International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations, Cambridge 2015.

84 The Geneva Conventions of 12 August 1949, http://www.icrc.org/eng/assets/files/publications/icrc-002-0173.pdf (2018-11-26).

85 UNGA resolution of 1 Mai 1974, 3201 (S-VI), Permanent sovereignty over national resources in the occupied Arab territories, https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/739/38/IMG/NR073938.pdf?OpenElement (2018-11-26).

86 Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Judgment, I.C.J. Reports 2005, p. 168, http://www.icj-cij.org/docket/files/116/10455.pdf (2018-11-26).

87 International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, …, op. cit., No. 111.

88 A. Pellet, Article 38, (in:) A. Zimmermann, C. Tomuschat, K. Oellers-Frahm, C. Tams, The Statute of the International Court of Justice. A Commentary, Oxford 212, p. 924–1044. However, the statutory calculation of sources of international law is not exhaustive. It is not disputed that there are at least two additional sources of law not mentioned in Article 38 of the Statute of the ICJ, i.e. unilateral acts of states and binding resolutions of international organizations.

89 Ibidem, No. 60–63.

90 R. Wolfrum, Sources of international law, (in:) R. Wolfrum (red), Max Planck encyclopedia of public international law, vol X. Oxford University Press, Oxford 2012, No. 55.

91 World Trade Organization, Trade in natural resources. WTO, Geneva 2010, No. 5, 46, https://www.wto.org/english/res_e/booksp_e/anrep_e/world_trade_report10_e.pdf (2018-12-14).

92 Havana Charter for an International Trade Organization, including Annexes, United Nations Conference on Trade and Employment held at Havana, Cuba, from November 21, 1947, to March 24, 1948, United Nations document E/Conf. 2/78, https://treaties.un.org/doc/source/docs/E_CONF.2_78-E.pdf (2018-06-15).

93 F. Weiss, B. Scherzer, (Existence of) Common or Universal Principles for Resource Management (?), in: M. Bungenberg, S. Hobe (ed.), Permanent Sovereignty over Natural Resources, Springer International Publishing Switzerland 2015, p. 35–36.

94 See more: P. Menon, The Subjects of Modern International Law, Hague Yearbook of International Law 3/1990, p. 30–36.

95 N. Shrijver, Sovereignty over natural resources. Balancing rights and duties, Cambridge 2008, p. 10.

96 J. Crawford, The Creation of States in International Law, Oxford 1979, p. 36–48.

97 On the categorization of developing countries: W. Verwey, The Principle of Preferential Treatment for Developing Countries, Indian Journal of International Law 23/1983, p. 359–374.

98 N. Shrijver, Sovereignty…, op. cit., p. 10.

99 Vienna Convention on Succession of States in respect of Treaties (1978), Vienna Convention on Succession of States in respect of State Property, Archives and Debts, The Work of the International Law Commission (4th edn, New York: United Nations, 1988), p. 323, 343, http://legal.un.org/ilc/publications/yearbooks/english/ilc_1988_v1.pdf (2017-06-15).

100 Art. 2 (f) of the 1978 Convention and Art. 2 (e) of the 1983 Convention, op. cit.

101 International Court of Justice, Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, ICJ Reports 1949, s. 174, http://www.icj-cij.org/docket/files/4/1835.pdf (2018-06-15), p. 174.

102 D. Kokkini-Iatridou, P. de Waart, Legal Personality of Multinationals in International Law, Netherlands International Law Review 14/1983, p. 129–31.

103 World Bank Convention on the International Settlement of Investment Disputes between States and Nationals of Other States, ICSID/15 April 2006, https://icsid.worldbank.org/en/Documents/icsiddocs/ICSID%20Convention%20English.pdf (2018-06-15).

104 World Bank Convention Establishing the Multilateral Investment Guarantee Agency (MIGA), Art. 24 with Annex I and Art. 57 with Annex II, https://www.miga.org/Documents/MIGA%20Convention%20February%202016.pdf (2018-06-15).

105 See specifically Section 6 Part XI UNCLOS; N. Shrijver, Sovereignty…, op.cit., p. 226–227.

106 Comprehensively: K. Baslar, The concept of the common heritage of mankind, Hague 1997.

107 UNGA resolution of 12 January 1952, 523 (VI), United Nations General Assembly (UNGA) resolution of 21 December 1952, 626 (VII), …, op. cit.

108 UNGA resolution of 14 December 1962, 1803 (XVII), Permanent sovereignty over natural resources, http://www.un.org/documents/ga/res/17/ares17.htm (2018-11-26).

109 UNGA resolution of 11 December 1970, 2692 (XXV), Permanent Sovereignty over Natural Resources of Developing Countries and Expansion of Domestic Sources of Accumulation for Economic Development, https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/349/57/IMG/NR034957.pdf?OpenElement (2018-06-15).

110 S. Hobe, Evolution of the Principle on Permanent Sovereignty…, op. cit., p. 26.

111 N. Shrijver, Sovereignty…, op. cit., p. 311–319.

112 UNGA resolution of 17 December 1973, 3171 (XXVIII), Permanent Sovereignty over Natural Resources, https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/282/43/IMG/NR028243.pdf?OpenElement (2018-06-16).

113 N. Shrijver, Sovereignty…, op. cit., p. 144–160.

114 UNGA resolution of 12 December 1974, 3281 (XXIX), op. cit.; Seoul Declaration on the Progressive Development of Principles of Public International Law Relating to a New International Economic Order, see the description: R. Chowdhury, Substratum of the Seoul Declaration, (in:) P. de Waart, P. Peters, E. Denters, International Law and Development, Tom 1, Dordrecht-Boston-London, p. 59–86.

115 UNGA resolution of 28 October1982 r., 37/7, World Charter for Nature, A/RES/37/7, http://www.un.org/documents/ga/res/37/a37r007.htm (2018-11-26).

116 UNGA resolution of 4 December 1986, 41/128, Declaration on the Right to Development, A/RES/41/128.

117 UNGA resolution of 13 September 2007, 61/295, United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295.

118 UNGA resolution 523/1952…, op. cit..

119 UNGA resolution 3016/1972…, op. cit..

120 Lima Declaration on Industrial Development and Co-Operation, https://www.unido.org/fileadmin/media/images/1975-Lima_Declaration_and_Plan_of_Action_on_Industrial_Development_and_Co-operation_26.3.1975.pdf (2018-06-15).

121 UNGA resolution of 1 May 1974, 3201…, op. cit..

122 UNGA resolution 3281/1974…, op. cit..

123 UNGA resolution of 1 May 1974, 3201…, op. cit.

124 For example: UNGA resolution of 4 December 1986, 41/128, Declaration on the Right to Development, A/RES/41/128.

125 See also: Art. l (e), IUCN’s Draft International Covenant on Environment and Development, revision of Draft 4, IUCN-CEL/Rev. Draft 4/3 May 1993, https://portals.iucn.org/library/sites/library/files/documents/EPLP-031-rev3.pdf (2018-06-15). More on the definition: N. Shrijver, Sovereignty…, op. cit., p. 11–19.