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Workshop Programme


Workshop on International Law, Natural Resources and Sustainable Development



Scarman House, University of Warwick

11 – 13 September 2013

Workshop Programme (PDF Document)



Wednesday, 11 September 2013



7.30pm

Le Gusta Restaurant, Warwick Arts Centre



Pre-Conference Dinner


Thursday, 12 September 2013



8.00am – 9.15am


Scarman House Lobby



Registration and Coffee


9.15am – 9.30am


Meeting Room 4



Introductory Remarks by Julio Faundez and Celine Tan


9.30am – 11.15am



Meeting Room 4





Opening Plenary: Dimensions of International Law and Natural Resources

Chair: Peter Muchlinksi, School of Law, School of African and Oriental Studies (SOAS), London

Yao Graham, Third World Network Africa, Accra:
Escaping the Winner’s Curse: The Africa Mining Vision and the Challenges of the International Trade and Investment Regime

Rachel Sieder, Centre for Research and Higher Studies in Social Anthropology (CIESAS), Mexico City:
Indigenous Peoples’ Rights, Judicialization and Natural Resources

Marcos Orellana, Centre for International Environmental Law, Washington DC:
A Comparison of Sustainable Development and the New International Economic Order: Implications for Investment Disputes concerning Natural Resources


11.15am – 11.30am



Coffee Break


11.30am – 1.00pm


Parallel Sessions 1





Session 1A: International Investment Law and Natural Resources

Chair: Barnali Choudhury, School of Law, Queen Mary, London

Federico Ortino and Emily Lydgate, School of Law, Kings College, London:
Incorporating Sustainable Development: Applying Lessons Learned From WTO Law to International Investment Law

Lorenzo Cotula, International Institute for Environment and Development:
Commercial Pressures and Legal Rights: International Law, State Sovereignty and the Global Land Rush

Lise Johnson, Vale Columbia Centre for Sustainable International Investment, Columbia University, New York City:
Freezing Sustainable Development: A Critical Look at the Use of Investment Treaties to Protect ‘Specific Commitments’ in the Use and Management of Natural Resources



Session 1B: Tax, Finance and Regulation of Natural Resources


Chair: John Snape, School of Law, University of Warwick

Sol Picciotto, School of Law, University of Lancaster:
Unitary Taxation of TNCs and its Relevance for Natural Resources Industries

Alex Cobham, Centre for Global Development:
Swiss-ploitation? The Swiss Role in Commodity Trading
(co-authored with Alex Prats)

Savior Mwambwa, Centre for Trade Policy and Development, Lusaka:
Holding Multinational Companies Accountable in the Midst of State Fragilities: Towards a Global Legal Framework



Session 1C: Natural Resources and the World Trade Organisation

Chair: Mary Footer, School of Law, University of Nottingham

Fiona Smith, School of Law, University College, London:
Natural Resources in the Global Value Chain: the Public/Private Divide as a Challenge to the WTO

Elena Blanco, School of Law, University of West England:
Addressing Bribery and Corruption in Natural Resources Trade

Priscilla Schwartz, School of Law, University of East London:
The WTO, Sustainable Development and Developing Countries Natural Resources: New Wine in Old Skins


1.00pm – 2.30pm


Scarman House Restaurant



Lunch


2.30pm – 4.00pm



Parallel Sessions 2





Session 2A: International Trade, Agriculture and Commodities

Chair: Fiona Smith, School of Law, University College, London

Mary Footer, School of Law, University of Nottingham:
Permanent Sovereignty over Whose Natural Resources? Sovereignty, Natural Resource Exploitation and New Forms of Dependency Chinese-Style

Michael Fakhri, School of Law, University of Oregon, Eugene:
Historically Situating Agriculture at the Centre of Trade Law

Dwijen Rangnekar, School of Law, University of Warwick:
The ‘Cunning State’ of Farmers’ Rights in India: Aligning with Global Law or Emancipating Farmers?



Session 2B: Litigation and Corporate Accountability

Chair: Lorraine Talbot, School of Law, University of Warwick

Richard Meeran, Leigh, Day and Co, London:
Access to Remedy: The United Kingdom Experience of MNC Tort Litigation for Human Rights Violations

Liesbeth Enneking, Faculty of Law, University of Utrecht:
The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case

Bill O’Brian, School of Law, University of Warwick:
Comments on the Kiobel Case



Session 2C: Public and Private Partnerships in Natural Resource Regulation

Chair: David Szablowski, Department of Social Science, York University, Toronto

Juliane Reinecke, Warwick Business School, University of Warwick:
The Construction of Private Responsibility for Human Rights in Conflict Zones: The Case of Conflict Minerals

Patrícia Galvão Ferreira, Centre for Latin American Studies, Stanford University:
EITI: How a Transnational Public-Private Partnership was Designed to Improve Domestic Governance in Resource-Rich Developing Countries

Deval Desai, School of Law, School of African and African Studies (SOAS), London and Amelia Evans, Institute for Multi-stakeholder Initiatives, Harvard University, Boston:
The Stakes of Multi-Stakeholder Initiatives: Thinking Critically about MSIs as a Tool of Global Governance in the Extractive Industries


4.00pm – 4.15pm



Coffee Break


4.15pm – 5.45pm



Parallel Sessions 3



Session 3A: Sustainable Development and International Law

Chair: Julio Faundez, School of Law, University of Warwick

Margot Salomon, School of Law, London School of Economics:
The Articulation and Fate of Development Claims under International Law

Koen De Feyter, Faculty of Law, University of Antwerp:
A Right to Development Approach to the Exploitation of Natural Resources

John McEldowney, School of Law, University of Warwick:
International Environmental Law and Natural Resources



Session 3B: Financing Natural Resource Projects

Chair: Deval Desai, School of Law, SOAS

Christiana Ochoa, School of Law, University of Indiana:
Transferring Wealth, Developing Poverty

David Rossati, School of Law, University of Edinburgh:
Exploring The Impacts of International Climate Finance on Natural Resources Policies and Laws in Developing Countries


Celine Tan, School of Law, University of Warwick:

Risky Rewards: Political Risk Insurance and the Law and Governance of Natural ResourcesDiane

Desierto, William S. Richardson School of Law, University of Hawaii, Manoa:
Sovereign Wealth Financing Paradigms in Natural Resources: Transparency Issues and International Regulation



7.00pm


Scarman House Restaurant



Conference Dinner


Friday, 13 September 2013



9.30am – 11.00am



Parallel Sessions 4



Session 4A: Rights and Responsibilities in Natural Resources Projects

Chair: Michael Fakhri, School of Law, University of Oregon, Eugene


Janet Dine, School of Law, Queen Mary, London:
Regulating the Resource Curse: The Devil versus God in Human Rights Discourse and Operationalizing Remedies

Ronald Janse, Faculty of Law, University of Amsterdam:
Rule of Law Without the State? Positive and Negative Implications of Mining Agreements between MNCs and Communities for Rule of Law

David Ong, School of Law, Nottingham Trent University:
Between State Retreat and Intervention: Regulating Environmental Responsibility for Multinational Oil Companies




Session 4B: Human Rights, Corporate Responsibility and Natural Resources

Chair: Koen De Feyter, Faculty of Law, University of Antwerp

David Szablowski, Department of Social Science, York University, Toronto:
Implementing the UN ‘Protect, Respect and Remedy’ Framework: A Transformation of International Human Rights Law?

Andrea Saldariagga and Andrea Shemberg, Investment and Human Rights Project, London School of Economics:
The Guiding Principles and the Extractive Industry: What has Happened to the State Duty to Protect?

James Harrison, School of Law, University of Warwick:
Establishing a Meaningful Human Rights Due Diligence Process for Corporations: Learning From Experience of Human Rights Impact Assessment



Session 4C: Law and Politics of Biofuels

Chair: Lorenzo Cotula, International Institute for Environment and Development

Elizabeth Fortin, School of Law, University of Bristol:
New Agriculture for Sustainable Development? Biofues and Agrarian Change in Post-War Sierra Leone (co-authored with Roy Maconachie)

Ben Richardson, Department of Politics and International Studies, University of Warwick:
From Carbon Markets to Sustainability Markets: The Curious Case of Certified Palm Oil

Patricia Urteaga, School of Law, Pontifical Catholic University of Peru, Lima:
Between Water Abundance and Scarcity: The Cultural Politics of Biofuels in Piura, Northern Peru


11.00am – 11.15am



Coffee Break


11.15am – 12.45pm



Parallel Sessions 5



Session 5A: Natural Resource Extraction, Local Communities and the State

Chair: Illan rua Wall, School of Law, University of Warwick

Julio Faundez, School of Law, University of Warwick:
Reflections on the Origins and Proposals to Reform of the International Legal Framework Governing Natural Resources

Marcus Colchester, Forest Peoples Programme:
Collective Rights and Customary Use: Securing Sustainable Livelihoods in Law and in Practice

Domnique Hervé, Diego Protales University, Santiago:
Environmental Justice and Natural Resources: The Identification of Principles and Rules that Should Be Applied to Fairly Distribute Environmental Benefits and Burdens Related to Access, Use and Enjoyment of Natural Resources



Session 5B: Water and Environmental Security

Chair: Elena Blanco, School of Law, University of West England

Sharron McEldowney, School of Life Sciences, University of Westminster:
Sustainable Development, Chemicals and the Protection of Natural Resources in the Developing World

Liber Martin, School of Law, National University of Cuyo, Mendoza:
The State Duty to Protect from Business-Related Human Rights Violations in Water and Sanitation Services: Regulatory and BITs Implications (co-authored with Juan Pablo Bohoslavsky and Juan Justo)

Daria Davitti, School of Law, University of Keele:
Away from the Spotlight: Bilateral Investment Treaties, Natural Resources and the Right to Water in Afghanistan



Session 5C: Law of the Sea

Chair: Richard Barnes, School of Law, University of Hull

Jill Wakefield, School of Law, University of Warwick:
Shifting Responsibility for the Sustainability of the Living Marine Resource

Charles Sheppard, School of Life Sciences, University of Warwick:
Nothing Natural about Man-made Environmental Law

Junfeng Gu, School of Law, Shantou University:
Resources Development and Environmental Protection in the South China Sea


12.45pm – 2.00pm


Scarman House Restaurant



Lunch


2.00pm – 3.30pm


Parallel Sessions 6






Session 6A: Public and Private Interests in Resource Management

Chair: Lise Johnson, Vale Columbia Centre for Sustainable International Investment, Columbia University, New York

Ximena Fuentes, School of Law, Adolfo Ibanex University, Santiago:
International Investment Law and the Right of States to Control and Manage their Natural Resources

Claire Buggenhoudt, Faculty of Law, University of Antwerp:
Natural Resource Disputes and ICSID Arbitration: What Role for the Public Interest

Richard Barnes, School of Law, University of Hull:
Control of the Sea: Privatisation or Protecting Public Interests ?




Session 6B: Climate Change, Environment and International Law

Chair: David Ong, School of Law, Nottingham Trent University


Usha Natarajan, Department of Law, American University in Cairo:

Environment and International Law in the Arab Uprisings

Sam Adelman, School of Law, University of Warwick:
Sovereignty, Sustainability and Natural Resources: The Limits of the Law

Ambreena Manji, School of Law, University of Cardiff and British Institute in Eastern Africa, Nairobi:
Constitutional Transformation, Privatisation and the Struggle for Karura Forest, Nairobi


3.30pm – 3.45pm



Coffee Break


3.45pm – 4.30 pm


Meeting Room 4



Closing Plenary: Future Plans and Networks


5.30pm


Outing to Stratford-upon-Avon


7.30pm



Dinner in Stratford-upon-Avon


Workshop funded by:


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