Sustainable Commodity Use
Its Governance, Legal Framework, and Future Regulatory Instruments
- Open Access
- 2022
- Open Access
- Book
- Author
- Maximilian Eduard Oehl
- Book Series
- European Yearbook of International Economic Law
- Publisher
- Springer International Publishing
About this book
This open access book examines the governance and legal landscape of the global commodity sector. For that purpose, the author conceptualises both Global Commodity Governance (GCG) as well as Transnational Commodity Law (TCL). He defines the key terms of Global Commodity Governance, delineates the underlying legal framework of Transnational Commodity Law, and assesses the effectiveness of Transnational Commodity Law in fostering a functional commodity sector.
“Sustainable Commodity Use” is based on a comprehensive analysis of over 250 international agreements, standards, and guiding documents. The author distils the main findings into a conceptualisation of Transnational Commodity Law and provides the reader with a succinct overview of its normative configurations as well as regulatory gaps. Moreover, he elaborates a taxonomy of International Commodity Agreements. In addition, an outline of the normative substance of Transnational Commodity Law features in an appendix to the main text.
The author concludes by making concrete suggestions on how rules regulating commodity activities de lege ferenda could and should be designed to improve the effectiveness of law regulating transnational commodity activity. In doing so, he demonstrates the application of the sustainable use principle as the overall objective and purpose of Transnational Commodity Law and discusses International Commodity Agreements as future regulatory instruments.
This book may assist lawmakers, practitioners, civil society advocates, and academics worldwide in developing a legal framework for sustainable global commodity activity.
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Table of Contents
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Chapter 1. Introduction
- Open Access
Download PDF-versionThe chapter delves into the historical evolution of Global Commodity Governance (GCG) as a transnational approach to regulating commodity activities. It defines a functional commodity sector as one that balances economic gain, development, preservation, control, and participation. The concept of Transnational Commodity Law (TCL) is introduced as the legal framework governing these activities, with sustainable use as its regulatory objective. The chapter critically assesses the effectiveness of TCL, highlighting normative patterns, regulatory challenges, and gaps. It concludes with suggestions for improving the legal framework to better ensure a functional commodity sector aligned with sustainable development goals.AI Generated
This summary of the content was generated with the help of AI.
AbstractToday, we are living in a world of globalised markets. Close to no value creation would be possible without the use of natural resources, more precisely primary commodities. The Sustainable Development (SD) agenda has become the universally accepted political agenda of our time. In view of the important challenges for global resource management, which will be elucidated throughout the course of this book, the field of Global Commodity Governance (GCG) has emerged over the past two decades. It describes a new turn in human history: towards a coordinated, transnational approach to regulating the complexities of commodity activity. -
Chapter 2. The Emergence of Global Commodity Governance
- Open Access
Download PDF-versionThe chapter discusses the challenges and principal task of ensuring a functional global commodity sector, emphasizing the need for a balanced approach that considers economic, political, and technical realities. It delves into the definition of 'commodity' and the historical phases of commodity policy, culminating in the emergence of Global Commodity Governance (GCG). The role of law in fostering the effectiveness of GCG is highlighted, along with the need for balancing various interests associated with commodity activity. The text also underscores the significance of sustainable development and the management of natural resources in the context of GCG.AI Generated
This summary of the content was generated with the help of AI.
AbstractWhereas the challenges of GCG are manifold, its principal task lies in ensuring a functional commodity sector (Sect. 2.1). The ‘balanced’ mode through which it pursues this objective constitutes a departure from historical approaches to regulating transnational commodity activity (Sect. 2.2). The remainder of this treatise will be concerned with the role of the law in fostering the effectiveness of GCG (Sect. 2.3). -
Chapter 3. Conceptualising TCL
- Open Access
Download PDF-versionThe chapter begins by justifying the conceptualisation of Transnational Commodity Law (TCL) as a new field of law, discussing its purpose and legitimacy. It then presents an organisational framework for TCL, outlining its core conceptual characteristics and the normative substance governing commodity activities. The framework includes a detailed analysis of the factual context, policy trade-offs, and legal doctrine of commodity law. The chapter also discusses the norms of TCL, their sources, and structure, and how they apply within the commodity governance matrix. It concludes by emphasising the importance of TCL in fostering effective regulation of the commodity sector.AI Generated
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AbstractThis chapter first shares additional thoughts on the purpose and legitimacy (Sect. 3.1) of our conceptualisation of TCL before presenting the organisational framework of TCL (Sect. 3.2) as well as the sources, structure, and application of its normative substance (Sect. 3.3). -
Chapter 4. The Effectiveness of TCL
- Open Access
Download PDF-versionThe chapter delves into the effectiveness of the principle of Permanent Sovereignty over Natural Resources (PSNR) within the context of commodity governance. It traces the evolution of PSNR from its origins in decolonization to its contemporary role in balancing various interests such as control, participation, development, preservation, and economic gain. The text explores how PSNR has developed from a competence allocation norm to a comprehensive principle encompassing rights and duties, particularly the sustainable use principle. It also examines the normative evolution of PSNR and its impact on the effectiveness of transnational commodity law (TCL). The analysis includes a detailed look at the principles of PSNR, the rights associated with it, and the sustainable use principle, which balances the five commodity interests. The chapter concludes by assessing the effectiveness of TCL in fostering a functional commodity sector, highlighting the need for balancing norms to address the complex policy trade-offs inherent in commodity activities.AI Generated
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AbstractThe challenge for TCL lies in balancing the five interests associated with commodity activity—control, participation, preservation, development, and economic gain. Whereas our account of the application of TCL within the commodity governance matrix above has demonstrated which of these objectives the individual norm subsets are seeking to foster primarily, the subsequent assessment will focus on the balancing quality of TCL. Where it strikes a balance, it can be deemed to be effective in ensuring a functional commodity sector. -
Chapter 5. Fostering the Effectiveness of TCL
- Open Access
Download PDF-versionThis chapter delves into the ways to enhance the effectiveness of Transnational Commodity Law (TCL) by fully utilizing the normative potential of sustainable development (SD). It begins by discussing how SD can be defined as the object and purpose of TCL, and how its principles can be integrated into legal frameworks. The author explores the conceptual and normative characteristics of SD, its origins, core contents, and general legal effects. The chapter also highlights the importance of defining SD as a regulatory objective and discusses the various international agreements that reference SD. Additionally, it examines International Commodity Agreements (ICAs) as potential instruments to codify what sustainable commodity use requires. The chapter concludes by emphasizing the need for more specific guidelines and the importance of involving multiple stakeholders in the development of a coherent legal framework for TCL.AI Generated
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AbstractWhat fosters the effectiveness of Transnational Commodity Law (TCL) is to render the sustainable use principle as effective as possible. For that purpose, we shall first turn to some reflections on how the normative potential of sustainable development (SD) as a legal concept can be unfolded (Sect. 5.1). Secondly, we will turn to International Commodity Agreements (ICAs) as potential instruments codifying what sustainable commodity use requires (Sect. 5.2). -
Chapter 6. Conclusions
- Open Access
Download PDF-versionThis chapter delves into the effectiveness of the current legal framework in ensuring a functional global commodity sector. It begins by conceptualising Global Commodity Governance (GCG) and Transnational Commodity Law (TCL), defining key terms and outlining the regulatory challenges. The author critically assesses the limitations of TCL, highlighting its inadequacy in providing concrete guidelines for balancing economic, developmental, preservation, control, and participation interests. The chapter then proposes innovative approaches to enhance TCL's effectiveness, such as defining sustainable development as the object and purpose of TCL and integrating benchmarks from various instruments. Additionally, it suggests the use of International Commodity Agreements (ICAs) de lege ferenda to codify more specific and comprehensive legal norms. The chapter concludes by emphasizing the need for a robust legal framework to achieve sustainable commodity activity and the crucial role of lawyers, academics, and jurisprudence in this endeavor.AI Generated
This summary of the content was generated with the help of AI.
AbstractIn this treatise, we set out to answer the following question: How effective is the current legal framework in ensuring a functional commodity sector? In approaching this task, we first provided conceptual clarity regarding its different components before entering a qualitative assessment.
- Title
- Sustainable Commodity Use
- Author
-
Maximilian Eduard Oehl
- Copyright Year
- 2022
- Publisher
- Springer International Publishing
- Electronic ISBN
- 978-3-030-89496-2
- Print ISBN
- 978-3-030-89495-5
- DOI
- https://doi.org/10.1007/978-3-030-89496-2
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