Towards an International Law of Brigandage: Interpretative Engineering for the Regulation of Natural Resources Exploitation
3 Asian Journal of International Law (2013), pp. 1-24
23 Pages Posted: 21 Jan 2013
Date Written: January 21, 2013
The exploitation of natural resources in times of conflict has been the object of prolific literature due to the extremely laconic character of the standards of conduct prescribed by the Hague and Geneva Conventions. Such laconicism has led scholars to be creative in ensuring that this central aspect of modern conflicts falls within the scope of existing legal instruments. This paper starts by depicting the rich argumentative creativity developed by scholars and experts to ensure a more comprehensive regulation of what has often been perceived as a form of international brigandage. Subsequently it reflects on the biases of the professional community that has dedicated its efforts to the elaboration of a fairer framework of natural resources exploitation in times of conflict. In particular, it formulates some critical remark on the “just world business” that has dictated the methodology behind most of the interpretative engineering to be found.
Keywords: International Law, International Humanitarian Law, Human Rights, international criminal law, natural resources, collective security, use of force, permanent sovereignty, security council, crime of pillage, environmental law
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