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A concise introduction of the Case
Text Text
Minerals
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Two perspectives:
1) Literal Interpretation
2) Purposive Interpretation
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Question 3
1) Literal Interpretation:
2) Purposive Interpretation:
Article 24: All States have the duty to conduct their mutual economic relations
in a matter which takes into account the interests of other countries. In
particular, all States should avoid prejudicing the interests of developing
countries.
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Article 25: In furtherance of world economic development, the international
community, especially its developed members, shall pay special attention to the
particular needs and problems of the least developed among the developing
countries…with a view to helping them to overcome their particular difficulties
and thus contribute to their economic and social development
Article 32: No State may use or encourage the use of economic, political or
any other type of measures to coerce another State in order to obtain from it the
subordination of the exercise of its sovereign rights.
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Question 3
Article 7. Violation of the rights of peoples and nations to sovereignty over their
natural wealth and resources is contrary to the spirit and principles of the
Charter of the United Nations and hinders the development of international co-
operation and the maintenance of peace.
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Question 3
The conflict here highlights the tension of a state’s ability exercise its
sovereignty in an international context without infringing on another state’s
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sovereignty: Imperia with regards to its right to dictate laws to Imperian
corporations, and Micronia with regards to its right to further develop its country
while making full use of its natural resources.
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Question 3
Question 3 Presentation Notes:
There is nothing in this Charter which explicitly prohibits countries from placing sanctions on its own
corporations in relation to trade. In fact, Article 2 affirms Imperia’s right to regulate transnational
corporations in order to conform with its social policies. Thus, this article would allow Imperia to take
measures such as punishing Imperian corporations investing in Micronia on the basis of requiring such
corporations to conform with the states’ environmental policy.
When reading the Charter as a whole – and especially Article 30, Imperia’s desire to punish Imperian
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corporations that invest in Micronia, comes into conflict with Micronia’s claim to state sovereignty in
making decisions that enable its development. Particularly important is that the environmental policies of
all States should enhance and not adversely affect the present and future development potential of
developing countries. Thus, even though Imperia’s proposed law could be legitimate, this law would also
be contrary to the spirit of this Charter on Economic Rights and Duties of States, particularly if such
actions adversely affect present and future development of Micronia. Moreover, further reading of the
Charter suggests it is the responsibility of developed countries to aid developing countries in areas of
economic and environmental development. Other provisions that support this ‘purposeful’ interpretation of
the Charter include Articles 24, 25 and 32.
While imposing punishments on Imperian corporations investing in Micronia would not be an explicit
violation of international law, its actions could be seen as a violation of the spirit and principles of the UN
Charter. As an advisor to the Foreign Affairs ministry of Imperia, I would suggest that since Imperia has
heavily invested in Micronia, such a law would not be economically beneficial for either country. A better
way to ensure the protection of Micronian bears and uphold a purposive interpretation of the Charter
would be to work together with Micronia to develop and implement environmental safety and protection
policies. This would give effect to the state interests of both countries, while minimally affecting the others’
state sovereignty.
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Question 4
Although a none-WTO member state shall not be bound by GATT agreement, according
to UN Charter, all states are bound by some universal principles under this Charter!
Fundamental Principles
1The Organization is based on the principle of the sovereign equality of all its Members.
4 Nothing contained in the present Charter shall authorize the United Nations to
intervene in matters which are essentially within the domestic jurisdiction of any state or
shall require the Members to submit such matters to settlement under the present
Charter; but this principle shall not prejudice the application of enforcement measures
under Chapter Vll.
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Question 4
Firstly ,
General Assembly resolution 1803 (XVII) of 14 December
1962, "Permanent sovereignty over natural resources“ is
one legal resource to solve this problem
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Legal resources:
General Assembly resolution 1803 (XVII) of 14 December
1962, "Permanent sovereignty over natural resources"
Legal Literature:
Sovereignty over Natural Resources: Balancing Rights
and Duties By Nico Schrijver.
The book are found in a Swedish library ,or you can access
the book on the Internet
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Permanent sovereignty over natural resources
1. The right of peoples and nations to permanent sovereignty over their natural wealth
and resources must be exercised in the interest of their national development and of the
well-being of the people of the State concerned.
2. The exploration, development and disposition of such resources, as well as the import
of the foreign capital required for these purposes, should be in conformity with the rules
and conditions which the peoples and nations freely consider to be necessary or
desirable with regard to the authorization, restriction or prohibition of such activities.
3. In cases where authorization
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capital shall be governed by the terms thereof, by the national legislation in force, and by
international law. The profits derived must be shared in the proportions freely agreed
upon, in each case, between the investors and the recipient State, due care being taken
to ensure that there is no impairment, for any reason, of that State's sovereignty over its
natural wealth and resources.
4. Nationalization, expropriation or requisitioning shall be based on grounds or reasons
of public utility, security or the national interest which are recognized as overriding purely
individual or private interests, both domestic and foreign. In such cases the owner shall
be paid appropriate compensation, in accordance with the rules in force in the State
taking such measures in the exercise of its sovereignty and in accordance with
international law. In any case where the question of compensation gives rise to a
controversy, the national jurisdiction of the State taking such measures shall be
exhausted. However, upon agreement by sovereign States and other parties concerned,
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Permanent sovereignty over natural resources
5. The free and beneficial exercise of the sovereignty of peoples and nations over
their natural resources must be furthered by the mutual respect of States based on
their sovereign equality.
6. International co-operation for the economic development of developing countries,
whether in the form of public or private capital investments, exchange of goods and
services, technical assistance, or exchange of scientific information, shall be such as
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to further their independent national development and shall be based upon respect for
their sovereignty over their natural wealth and resources.
7. Violation of the rights of peoples and nations to sovereignty over their natural
wealth and resources is contrary to the spirit and principles of the Charter of the
United Nations and hinders the development of international co-operation and the
maintenance of peace.
8. Foreign investment agreements freely entered into by or between sovereign States
shall be observed in good faith; States and international organizations shall strictly
and conscientiously respect the sovereignty of peoples and nations over their natural
wealth and resources in accordance with the Charter and the principles set forth in the
present resolution.
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Question 4
Secondly,
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Charter of Economic Rights and Duties of LOGO
States
Article 7
Every State has the primary responsibility to promote the economic, social and cultural
development of its people. To this end, each State has the right and the responsibility to
choose its means and goals of development, fully to mobilize and use its resources, to
implement progressive economic and social reforms and to ensure the full participation
of its people in the process and benefits of development. All States have the duty,
individually and collectively, to co-operate in eliminating obstacles that hinder such
mobilization and use.
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Question 4
Dispute settlement
2. Failing an agreement on the means for the peaceful settlement of the dispute within
a period of six months, the parties to the dispute shall, at the request of any of
them, have recourse to the establishment of an impartial fact-finding commission.
6. The Commission shall adopt its report by a majority vote, unless it is a single-
member Commission, and shall submit that report to the parties to the dispute
setting forth its findings and recommendations, which the parties to the dispute
shall consider in good faith.
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Question 4
Thank you !
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