Principle of permanent sovereignty over natural resources in rulings of international courts

Abstract

Despite the fact of moving gradually away from the traditional energy sources, and reducing the share of the energy from the coal-fired power stations in the energy production, extraction of minerals other than hard coal remains crucial for human existence. It is enough to mention natural gas, metal ores, metals, gypsum, sand, precious stones, or thermal waters. However, it is necessary to keep in mind that geology and nature do not recognise the national boundaries, which results in the fact that some mineral deposits can be divided between two or more state territories. This leads to the situation when they are subject to the varied legal regimes. There is also a possibility of them being located outsidethe sovereignty or jurisdiction of any state. There are still under-researched topics connected with mining. The aim of this study is to define legal issues related to cross-border mining, the so-called shared natural resources, and to present solutions to problems identified respectively. The second step, after analysis of the terms natural resources and shared natural resources, will involve an analysis of the principle of permanent sovereignty over natural resources in rulings of international courts.