and the exploitation of its natural resources. This convention established a limit of 200 nautical miles for an exclusive economic zone.47 As in the case of the continental shelf, a coastal state does not enjoy full sovereignty within the exclusive economic zone, but only sovereign rights to natural resources, both animate and non-animate, from the seabed and subsoil, and covering waters. In addition to the rights, the UN Convention on the Law of the Sea also imposed obligations on the management of marine resources and natural resources.48 It requires all states to protect and preserve the marine environment, while recognizing their sovereign right to exploit their natural resources according to their environmental policy. It also establishes a detailed international cooperation system for the management of the seabed and its natural resources (in particular polymetallic concretes), which it considers to be the common heritage of mankind.
During this period, attention was also paid to the protection and rational use of natural resources.49 The necessity of reconciling economic development with environmental protection was covered by the concept of sustainable development, introduced into international policy by the World Commission on Environment and Development, known as the Brundtland Commission, in the 1987 report “Our common future”.50 The concept of sustainable development has been succinctly described as a development that meets the needs of the present generation without diminishing the prospects of future generations to meet their own needs. In this respect, the UN General Assembly convened in 1989 a conference on Environment and Development. The conference was held in 1992 in Rio de Janeiro, and, due to the thematic reach and interest of states, it was called the “Summit of the Earth”. It continued the achievements of the Stockholm conference. The main results of the Rio conference were: the “Agenda 21” document,51 the Framework Convention on Climate Change,52 the Convention on Biological Diversity,53 the Statement of Principles for a Global Consensus on the Management, Conservation, and Sustainable Development of all Types of Forests,54 and the Rio de Janeiro Declaration on Environment and Development.55 The last document contains a catalogue of rules of conduct, among which the key principle is putting humanmankind at the centre of the process of sustainable development (No. 1). This process itself must take into account the needs of present and future generations (No. 3). Finally, environmental protection must be linked to economic development (No. 4). The Rio Declaration on Environment and Development aims to strike a balance between environmental protection and economic development in developing countries. Although the document is based on the Stockholm Declaration of 1972, it more explicitly refers to the exercise of sovereignty over resources both in the context of development and environmental protection. While No. 21 of the Stockholm Declaration declares that states have a sovereign right to exploit their own resources in accordance with their own environmental policy, Rule 2 of the Rio Declaration adds: “and (policy) of development”. Article 2 of the Convention on Biological Diversity introduces the term “sustainable use”, defined as using elements of biological diversity in such a way and with such intensity that it does not lead to long-term decline of biodiversity, by maintaining its potential in the way that meets the needs and aspirations of present and future generations.56 The United Nations Framework Convention on Climate Change and the Convention on the Conservation of Biological Diversity were open for signature at the Rio conference. Further global conferences, in particular the World Summit in Johannesburg in 2002 and the Rio+20 Sustainable Development Conference in 2012, continued global engagement in sustainable development and confirmed sovereignty over natural resources, along with state commitments for environmental protection and development as one of their essential elements.
The principle of permanent sovereignty over natural resources is also associated with the increased attention to the rights of indigenous peoples, in particular with regard to their native lands and natural resources. Regulations establishing the rights of indigenous peoples and setting standards for the protection of these rights57 are included in the United Nations General Assembly Declaration on the Rights of Indigenous Peoples,58 and in the International Labour Organization Convention No. 169 on indigenous and tribal peoples (1989),59 in the International Covenant on Civil and Political Rights,60 as well as the African Charter on Human and Peoples’ Rights.61 All of the above acts establish the duty of states to take measures, in cooperation with the peoples concerned, to protect and preserve the natural environment of the territories inhabited by these peoples.62 States not only have the duty to respect these rights, but also have a positive obligation to pursue policies that both respect and protect the rights of indigenous peoples. In addition, the implementation and protection of indigenous peoples’ rights should proceed through a fair, independent, open and impartial process in which indigenous peoples are to have the full right to participate in matters that may affect their rights to their land, territories, and natural resources.63
The principle of permanent sovereignty over natural resources has been included in treaty law, mainly concerning the protection of investment and the natural environment. The Treaty on the International Energy Charter64 provides a multilateral framework for cooperation in the field of energy and aims to promote energy security through the interaction of open and competitive energy markets, while respecting the principles of sustainable development and sovereignty over energy resources. This document, initially treated as a future basis for relations with oil and gas-rich former Soviet republics, underlines the recognition of the sovereignty of states over their energy resources, constituting a legal and political foundation for creating an open international energy market. The following conventions can be referred to in the field of environment: the Framework Convention on Climate Change65 and the Convention on Biological Diversity.66 Regional solutions include the Protocol Against the Illicit Exploitation of Natural Resources, adopted in 2006 by the International Conference in the Great Lakes Region.67 The protocol defines the concept of illegal exploitation, understood as any exploration, development, acquisition, and disposal of natural resources in violation of the law, customs, practices, or the principle of permanent sovereignty over natural resources (Article 1). It also confirms that members of this conference of states from the Great Lakes Region are free to dispose of their natural resources (Article 3). The principle of permanent sovereignty over natural resources has also been incorporated into the Vienna Convention of 1978 State Succession to Treaties68 and the Vienna Convention of 1983 on Succession of States in Respect of State Property, Archives and Debts69.
The principle of permanent sovereignty over natural resources has also been repeatedly invoked in the jurisprudence of international courts and tribunals,
