The past decades have shown an increase in recourse to international legal bodies to address disputes over land distribution, uses and rehabilitation. This raises the question as to whether and to... Show moreThe past decades have shown an increase in recourse to international legal bodies to address disputes over land distribution, uses and rehabilitation. This raises the question as to whether and to what extent international law offers a coherent framework for addressing land as part of environmental peacebuilding. Since land issues have played a role in most armed conflicts that occurred over the past decades, addressing such issues in peace processes is essential for the resolution of these conflicts and for maintaining the peace that has been so hard won. This chapter therefore first examines how international law impacts on decisions with respect to land uses, distribution and rehabilitation in peace processes. This chapter then explores whether and how the notion of environmental peacebuilding can be instrumental in mainstreaming international legal responses for the purpose of achieving a sustainable peace. Show less
The current article aims to assess proportionality within the context of the Security Council’s practice, focusing specifically on how the Council balances various interests in the design of... Show moreThe current article aims to assess proportionality within the context of the Security Council’s practice, focusing specifically on how the Council balances various interests in the design of sanctions regimes adopted pursuant to Article 41 of the UN Charter. It argues that proportionality in this context plays a role in the Security Council’s targeting decisions on the one hand and in the determination of whose interests are affected by the sanctions on the other. This implies that the Security Council should distinguish, first, between those who should be subjected to sanctions (the targets) and those would should be shielded (third parties) and, second, that it carefully delineates the targets of the sanctions. This article assesses this balancing exercise within the context of the Council’s measures to curb the illegal exploitation of natural resources financing armed conflict on the one hand and with respect to countering the proliferation of nuclear weapons on the other. Show less
Herik, L.J. van den; Brölmann, C.M.; Alebeek, R. van; Dekker, G.R. den; Ginkel, B. van; Hoogh, A.J.J. de; ... ; Dam-de Jong, D.A. 2020
Natural resources are strongly connected to the onset, duration and recurrence of armed conflicts. However, even after an armed conflict has formally ended, natural resources can be an important... Show moreNatural resources are strongly connected to the onset, duration and recurrence of armed conflicts. However, even after an armed conflict has formally ended, natural resources can be an important trigger for a relapse into armed conflict. For these reasons, it is of the utmost importance, both from a security and a development perspective, to address natural resources as an integral part of the peace process. This article aims to assess how provisions in peace agreements addressing natural resource governance are embedded in the international legal framework. It inquires into the particularities and legal nature of peace agreements and examines the various functions of natural resource arrangements as part of peace agreements. Finally, as each category of natural resources comes with distinct legal questions and peacebuilding challenges, the article zooms in on water governance as a case study to explore the different ways in which natural resource arrangements in peace agreements and international law interact. The analysis is based on a study of 40 intra‐State agreements, including the 2015 South Sudan agreement, the 2015 Mali agreement and the 2016 Colombian agreement. Show less
Target 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development... Show moreTarget 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development. Nevertheless, the inherent vagueness of the notions of transparency and accountability poses difficulties for achieving the target. This is why this article examines how these notions have been conceptualized in international legal discourse and applied in practice. It does so within the context of the trade in natural resources that finance armed conflict, which is considered detrimental to the development opportunities of developing countries. The article examines how two of the most important initiatives in this field, namely the Kimberley Process for the Certification of Rough Diamonds and the oecd Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-affected and High-risk Areas, operationalize transparency and accountability. It posits that both initiatives fall short of establishing full accountability. However, notwithstanding their flaws and limitations, they make a valuable contribution to achieving target 16.6. Show less
Article 28A(1)(13) of the Protocol to the Statute of the African Court of Justice and Human Rights lists ‘Illicit exploitation of natural resources’ as a criminal offence within the Court’s... Show moreArticle 28A(1)(13) of the Protocol to the Statute of the African Court of Justice and Human Rights lists ‘Illicit exploitation of natural resources’ as a criminal offence within the Court’s jurisdiction. In conjunction with the new mandate of the African Court, which includes the exercise of jurisdiction over corporations for the first time in an international treaty, the prohibition of ‘illicit exploitation of natural resources’ creates an offence with especially sharp teeth, for businesspeople, their corporations, military actors and politicians. The crime constitutes an important innovation in international law, since it offers a distinct legal basis for prosecution of a wider array of acts covered by the war crime of pillage. Nonetheless, it also comes with a set of major limitations, not the least of which is its great vagueness. This chapter offers a critical doctrinal overview of the seven sub-offences that fall within the wider banner of this new crime of Illicit Exploitation, simultaneously pointing to a range of interpretative possibilities that might accord with recent thinking about the relationship between law and resource predation. Show less
In januari van dit jaar ging de Tweede Kamer akkoord met het besluit van het kabinet om luchtaanvallen in te zetten op strategische doelen en aanvoerlijnen van IS in Syrië. De vraag die in dit stuk... Show moreIn januari van dit jaar ging de Tweede Kamer akkoord met het besluit van het kabinet om luchtaanvallen in te zetten op strategische doelen en aanvoerlijnen van IS in Syrië. De vraag die in dit stuk centraal staat is of dit besluit berust op een adequate rechtsgrondslag. Show less
This article examines whether international law provides a legal basis for the exploitation of natural resources by armed opposition groups. This issue is particularly pertinent in light of the... Show moreThis article examines whether international law provides a legal basis for the exploitation of natural resources by armed opposition groups. This issue is particularly pertinent in light of the ongoing armed conflict in Syria—and the 2011 armed conflict in Libya, where third states are looking for ways to provide non-military support to the opposition movement, including by allowing it to export oil. This article examines three potential legal bases for a right for armed opposition groups to exploit natural resources: international humanitarian law, the recognition of the armed opposition group as the representative of the state and its recognition as the representative of the people. While this article concludes that current international law does not allow armed opposition groups to exploit natural resources, it argues in favour of applying the concept of usufruct from international occupation law to internal armed conflicts. On the basis of this concept, highly organised armed opposition groups would be granted a right to exploit the natural resources situated within the territory under their control for the purpose of establishing and maintaining a civilian administration. Show less
