Land Grabbing as a Threat to the Right to Self-Determination: How Permanent Sovereignty over Natural Resources Limits States’ Involvement in Large-Scale Transfers of Land

Abstract

This article examines the legal connections between the modern phenomenon of ‘land grabbing’ – large-scale acquisitions of land rights by foreign investors – and the human right to self-determination. It is argued that the right to self-determination and in particular the principle of permanent sovereignty over natural resources cannot only be invoked by one State against another, but also by the people against its own government, thus legally binding all States involved in the process. The basic premise shall not be that land grabbing is per se illegal; it depends on how it is performed. The right to self-determination and the principle of permanent sovereignty over natural resources bring along important restrictions that States have to honour. Governments should develop their foreign investment relations in a way that ensures the human rights of their populations, especially given the fact that in this respect business corporations are not bound by any hard international law. The regulation of the investment is an important factor: transparency and involvement of local authorities at the planning stage, as well as the participation in the investment’s benefits help to ensure that a people is not deprived of its own means of subsistence.