Natural Resources Exploitation: Business and Human Rights

Natural Resources Exploitation: Business and Human Rights

By Dr. Xavier Favre-Bulle

Many natural resources, including oil, gas, minerals, tar sands or water, are much coveted. As such, they are not only under scrutiny of States, industries, traders and diverse non-governmental organisations, but are also of paramount importance for people, in particular those living where these resources are located. Exploitation of natural resources is not an innocuous activity. Conflicting interests, complex legislations and fundamental principles such as sovereignty and self-determination come all into play.

Between increasing demand in natural resources and threats of depletion or other forms of abuse, lawyers shall have a voice, and lend a listening ear, into these issues. Canada being an ideal venue for such a debate, the Main Theme 1 of this year’s Annual Congress of the UIA in Toronto will be “Natural Resources Exploitation: Business and Human Rights”, with distinguished speakers of truly diverse backgrounds.   

The session will start with an overview of the interests and challenges faced by various stakeholders in the natural resources sectors for “needs for exploitation versus interests to be protected”. Some alternative viewpoints will be given by eminent representatives of the industry, non-governmental organisations and political institutions.

The next panel will cover tensions between the exploitation of natural resources and human rights. Sensitive issues relate to the rights of indigenous people and local communities, community-based natural resources management, safety of employees working with natural resources, as well as the role of natural resources in armed conflicts.

The third panel will address existing problems in environmental protection and engage a discussion on possible solutions such as “order & command” policies (regulatory, civil and criminal liabilities), sustainable development, green energy, land planning, prevention and precaution measures, restauration or corporate accountability in case of environmental disaster.

Finally, the fourth panel will present different mechanisms to resolve disputes in relation to natural resources exploitation: court litigation, arbitration/mediation and the WTO dispute settlement mechanism.