Authority over Natural Resources: No End of Geography

Abstract

This short note — based on concluding observations at a workshop — offer a bird‘s eye perspective on structural features of the legal rules governing natural resources. Reflecting on presentations made during the workshop, it makes three points. First, it notes the diversity and fragmentation of the various regimes, which typically address a particular resource or resource-related activity, or lay down rules for a particular area. Second, it emphasises the continuing relevance of geographical factors for the allocation of authority over respurces, and in this respect draws a distinction between (i) resources within a State‘s sphere of influence, (ii) resources located outside spheres of State influence, and (iii) resources ‚straddling‘ spheres of influence. Finally, third, it notes the contingency of these three categories, and highlights how in the course of the 20th century, international law has evolved to recognize expanded spheres of State influence, often driven by a quest for control over resources.