Document Type
Article
Publication Date
12-2015
Publication Title
San Diego Law Review
Publication Title (Abbreviation)
San Diego L. Rev.
Volume
52
Issue
5
First Page
1123
Last Page
1148
Abstract
In this Article, I defend the view that natural resources originally belong to individuals who have legitimately established private property claims over them. Natural resources do not belong to a collective entity such as the people or the state. My argument is simple. Relying on the Lockean contractarian tradition, I argue that individuals must delegate any resource controlled by the state. This is because all powers of the state are, morally, delegated powers. A group's claims over natural resources is entirely derivative of the original claims of its members. Only individuals can originally appropriate natural resources; only they have the right to use or sell them, to the state or others.
I proceed as follows. First, I discuss the international law rule according to which peoples or states have permanent sovereignty over natural resources. Second, I attempt to clarify what are natural resources and who is the rightholder. Third, I present my argument for rejecting the above-mentioned rule: for moral and empirical reasons, title on natural resources should be vested in individuals, not in peoples or states. I conclude with a discussion of common ownership, the view that global natural resources are owned, not by states or individuals, but by humanity as a whole. I indicate the reasons why that position should be rejected as well.
Rights
© 2015 Fernando R. Tesón
Faculty Biography
http://www.law.fsu.edu/our-faculty/profiles/tes%C3%B3n
Recommended Citation
Fernando R. Tesón,
Revising International Law: A Liberal Account of Natural Resources, 52
San Diego L. Rev.
1123
(2015),
Available at: https://ir.law.fsu.edu/articles/218
Comments
First published in San Diego Law Review.