(Existence of) common or universal principles for resource management (?)

Abstract

This chapter seeks to identify and probe a selective number of common and universal principles of international law as to whether and to what extent they are applicable to resource management. The inescapable phenomenon of globalization today is considerably more intensive as well as extensive than historic globalization compelling States to cooperative engagement. According to regime theory, States coordinate their behaviour under circumstances where decentralized and uncoordinated decision-making does not lead to optimal results. Such international regimes consist of sets of principles, norms, rules and decision-making procedures for the governance of limited issue-areas thereby furnishing the basis for global governance. Most of the existing or developing common or universal principles for resource management are to be found in the field of international environmental law. Due to high thresholds for acceptance, only the principle of permanent sovereignty over natural resources and the principle not to cause trans-boundary environmental damage have as yet attained the status of customary international law. Even though numerous other principles such as the precautionary principle and the concept of sustainable use are not yet fully accepted principles of international law, they are certainly developing towards broader recognition.