The fight against climate change and International Law. A third world perspective.

One of the issues that has created some type of stir in Mexico, is the new possible changes to the energy law, and the way forward by the political party in turn, to make a bet for carbon fuels and non-renewable energy. The political arguments in favor and against are taking part everywhere, social media, twitter, facebook, maybe instagram, which I stop using, since I didn’t seem to have a foreseeable future in photography, but that is a whole different issue. Coming back to point.

There it seems that the issue of using non-renewable energy is almost treated as a possible menace of using nuclear weapons, like for example the Advisory Opinion by the ICJ as to the Threat or the Use of Nuclear Weapons, in here lies a fundamental question regarding the sovereignty of the States to use natural resources, as they deem it most appropriate for the development of their given countries, and the issue of sovereignty as the element of Permanent Sovereignty to Natural Resources. There is a fight between developed and third world countries, I know that today is better to talk about developed and developing, but the stark distinction of first world countries vis a vis third world countries rings a better bell at least for me. (there is the added dramatism)

The concept of Permanent Sovereignty over Natural Resources, was a fight by the Third World Countries for their given right to develop, for one side, yes, but also, the possibility of nationalisations, especially over elements that could create the power over the state to enjoy its natural resources, the paramount document is the General Assembly Resolution 1803 of 1962,

The right of peoples and nations to permanent sovereignty over their natural wealth must be exercised in the interest of their national development and the well-being of the people concerned.

Violation of the rights of peoples and nations to sovereignty over their natural wealth and resources is contrary to the spirit and principles of the Charter of the United Nations and hinders the development of international economic cooperation and the maintenance of peace.”

The couple of quotes above were extracted from the book by Anghie on Imperialism, Sovereignty, and the Making of International Law.

One of the issues that we will see to further develop is then the right to development, and hence a given right to contaminate, and on the other side of the spectrum, the call for action by the “international” community, or the develop world to stop contaminating. There will be a silent and indirect fight, for one side between the companies that invested in third world countries with clean energy, and on the other side, the right to nationalize the industry by way of the implementation of the doctrine of Permanent Sovereignty of Natural Resources (PSNR)

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