TITLE

LA REGULACI�N DEL COMERCIO INTERNACIONAL DE LOS RECURSOS NATURALES: REFLEXIONES A LA LUZ DE LA TEOR�A DE LOS BIENES P�BLICOS GLOBALES

AUTHOR(S)
Bl�zquez Navarro, Irene
PUB. DATE
January 2010
SOURCE
Cursos de Derecho Internacional y Relaciones Internacionales de ;ene2010, p441
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Natural resources are key for the global economy, and relevant for environmental sustainability, as well as sources of new international conflicts due to their importance for human life, their potential exhaustible character, their growing scarcity, and the diversity of nations and corporations that control the markets for these resources. The concept of security is dynamic, because of the changing nature of the challenges facing international law, national laws, the State, non-State actors, the humanity. Globalization and `mondialization' demand a reconsideration of the traditional concepts of international law, particularly within the context of the modern theory of global public goods, as applied to natural resources, which benefits should transcend time and generations. These ideas are the starting point to consider the legal regime applicable to the international trade in natural resources under WTO law. The specificities of natural resources are neither precisely nor explicitly regulated by WTO law. This fact may increase the number of cases in which the Dispute Settlement Body of the WTO will be called to intervene to solve differences concerning disagreements on the `liberalization of international trade and the protection of natural resources.' The scope of unilateral environmental or extraterritorial measures as defined by the DSB should take into account the evolution of international law and the emergence of imperative norms which should be protected beyond national borders.
ACCESSION #
71160296

 

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