A Comparative Constitutional Analysis of Natural Resources Protection

Abstract

Globally, constitutions follow different approaches to dealing with their respective country’s natural resources, which are rooted in the diverging cultures, political and legal systems, as well as in the distinct historical developments of the diverse constitutional orders. Accordingly, the present contribution discusses how the analysed countries’ constitutions have played different roles in the field of the protection of natural resources, be they renewable or non-renewable. This contribution observes the notable similarities between the inclusion of provisions relating to ownership, exploitation and exploration, and the use of, natural resources. Moreover, while constitutional protection is generally afforded to natural resources through the human right to a healthy environment, this contribution reflects upon how the developing trend of adopting constitutional rights for nature both affects and ostensibly guarantees the protection and management of natural resources.

Note: This paper is based on Oliver C. Ruppel and Ruda Murray, ‘Natural Resources’ in Max Planck Encyclopedia of Comparative Constitutional Law (OUP 2023).

Keywords: Comparative Constitutional Law, Constitutional Design, Constitutions and International Law, Legal System, Natural Resources, Natural Rights, Principles and Objectives of Constitutions, Rule of Law