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Overstating the importance of the topic of ‘Globalisation and Natural Resources Law’
seems to be hardly possible. Natural resources have come under increasing pressure since
booming economies in ‘emerging countries’ have added to the traditional high demand from
‘developed economies’. The link from natural resources to globalisation is crucial, not only
since economic expansion thrives on globally intertwined markets, but also since many
national authorities decide, in principle, on the natural resources situated on their territories,
the governance of natural resources often takes a transnational turn because of these global
ramifications. Exploring the possibilities and constraints of law to efficiently and equitably
govern natural resources in this global arena is thus a particularly relevant, yet also highly
complex venture.
Elena Blanco and Jona Razzaque have taken up this gauntlet, examining the extent to
which national and international law are instrumental in the good governance of natural
resources. Their book consists of three parts. The logical starting point is to lay out key
concepts, principles, and theories. Inequality (both within and across countries), sovereignty,
based governance, and substantive versus procedural rights are some of the main aspects
covered. Next, the authors discuss the roles that different actors can play in the governance of
natural resources. These actors include the ‘usual suspects’ one would expect in a book on
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law in a global context: nation-states, global institutions (like the World Bank and the World
Trade Organization), and regional institutions (including the European Union and the North
American Free Trade Agreement). Other major actors, who do not issue any ‘hard law’ yet
are still highly relevant are also discussed, in particular, multinational corporations, export
credit agencies, civil society, and indigenous peoples. Thereby, the scope of the book goes
beyond a strictly legal one. The third and final part zooms in on three critical types of natural
resources: water, renewable energy, and biodiversity. The conceptual insights and
perspectives of different actors converge around these majorly important resource types.
Blanco and Razzaque should be lauded for their comprehensive approach. They go
beyond a purely legal perspective by also considering political, economic, and sociological
factors and relations. Such a systemic approach is indispensable to come to grips with a
multifaceted phenomenon like natural resources governance. The authors are well-read, citing
a wealth of relevant literature. Importantly, they clearly describe and richly illustrate a variety
of aspects and lenses in relation to the governance of natural resources in a global context.
Students, scholars, and policy-makers with an interest in this topic are likely to appreciate the
No human venture is perfect. Among the things I missed most was an overarching
framework, an analytical synthesis of key insights. It would have been useful to offer a
synopsis of which aspects of natural resources governance are best addressed via legislation
and which ones can be left to market actors or civil society. Under what conditions do
national governments or supranational authorities have the capacity and willpower to regulate
actors have the self-interest and power to efficiently and equitably govern natural resources?
And if existing governance options fall short, how can they be realistically remedied? Clear
answers to these poignant questions, structured around diagnostic and prognostic frames,
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would have been useful. Furthermore, the book is somewhat biased towards sympathy with
the ‘have-nots’ (in particular, the poor) and those suffering from unsustainable exploitation of
natural resources. While this is a noble attitude, it is not always helpful in getting to the
All in all, ‘Globalisation and Natural Resources Law’ offers a rich account of the
multiple aspects and perspectives around the question of feasible and fair governance of
natural resources. The book is a good read for lawyers and other social scientists, both in
academia and the ‘real world’, with a broad scope and an interest in a crucial area for the
future of humanity, whose fate is so intricately bound to the way in which it (fails to) govern
natural resources.
Frank Wijen