PILPG Work Product on Natural Resources
WATER RIGHTS: A COMPARISON OF STATE PRACTICE
This memorandum provides a survey of water rights in nine countries. Our survey is not intended as a complete survey of all possible ways that a country could address water rights issues. Instead, this memorandum is intended to provide some helpful examples to consider in developing a water rights regime. While the human right to water is one component of a water rights regime, our analysis focuses primarily on the right to water as a property right and how different countries have addressed who can control water and how water resources and competing needs will be managed.
Click here to read the memorandum, Water Rights: Comparative State Practice.
WATER RIGHTS: CORE ELEMENTS
This memorandum provides an overview of the core elements and approaches to establishing a formal water rights regime that serves national and regional interests while protecting individual rights to use water and promoting the quantity and quality of a nation’s water resources for the future.
Click here to read the memorandum, Water Rights: Core Elements.
Land Rights Speaker notes
These speakers notes discuss major developments in international law regarding land rights, particularly regarding indigenous rights. The notes cover three pivotal cases: Alexcor Ltd. v. The Richtersveld Community in the South African Constitutional Court, the Case of the Moiwana Community v. Suriname in the Inter-American Court of Human Rights, and African Commission on Human and People’s Rights v. Republic of Kenya in the African Court on Human and Peoples’ Rights.
OPTIONS FOR NATURAL RESOURCE ALLOCATION WITHIN GAMBELLA
This memorandum outlines examples of best practices for protecting the natural resources of a regional group in relation to a national government. Natural resource allocation structures are addressed to outline provisions that have been implemented in a number of other conflicts. Further, this memorandum will outline various options for revenue sharing, collection, and distribution for the Anuak people of Ethiopia. Finally, water rights are examined to provide examples for any type of natural resource protection program by highlighting provisions from prior peace agreements that have been instituted to protect the water rights of minority groups.
Click here to read the memorandum, Options for Natural Resource Allocation Within Gambella.
Health and water rights for the anuak people
This memorandum will examine the current state of the right to health and water, as well as the domestic remedies and international remedies that the Anuak people may consider in seeking legal redress against the Ethiopian Government.
Click here to read the memorandum, Health and Water Rights for the Anuak People.
Analysis of burma’s mining law and rules
The purpose of this memorandum is to analyze Burma’s 1994 Mining Law, the 2015 Mining Law amendment, and the 1996 Mining Rules against international standards and comparative state practices and provide recommendations on potential areas for reform.
Click here to read the memorandum, Analysis of Burma’s Mining Law and Rules.
OIL RESOURCE OWNERSHIP AND ALLOCATION
This memorandum briefly explores some of the considerations to be made and identifies other state models that might serve as examples. Specifically this memo examines: (1) shared management of resources; (2) models for allocating revenue from natural resources; (3) specialized petroleum funds; and (4) methods for promoting transparency. It is the intent of this memo to present a broad overview of the different approaches to oil ownership and formulas for the allocation of oil revenue, as well as to examine the creation of oil funds, in an effort to provide options for the creation of a uniquely Iraqi system for handling its petroleum resources.
Click here to read the memorandum, Oil Resources Ownership and Allocation.
CORE ELEMENTS OF JOINT NATURAL RESOURCE AUTHORITIES
The purpose of this memorandum is to identify through comparative state practice the core elements of joint natural resources authorities including the composition, functions, and fiscal oversight.
Click here to read the memorandum, Core Elements of Joint Natural Resource Authorities.
Natural Resources in Mindinao
This memorandum examines foreign models of natural resource ownership and provides recommendations for natural resource ownership in Mindanao.
Click here to read the memorandum, Natural Resources in Mindinao.
BOTSWANA: THE SAN’S AVAILABLE REMEDIES AFTER THE HIGH COURT DECISION
The purpose of this memorandum is to survey the San’s options after the Botswana High Court decides their current land rights claim. The memorandum explores other mechanisms to achieve the relief requested in the current case, in addition to alternate ways to protect the rights and traditions of the San and hold those government officials accountable for crimes they may have committed on the San population. The High Court is charged with determining whether it was unlawful for the Government of Botswana to end essential services to the San residents in January 2002, and if the Government of Botswana has an obligation to restore these services.
WEALTH AND RESOURCE SHARING DECISION TREE
This decision tree outlines choices parties might need to make regarding wealth and resource sharing.
Click here to read the decision tree, Wealth and Resource Sharing.