Lands, territories, and resources: a critical examination of the contradictory approaches in international law

Abstract

This chapter examines the dynamics surrounding lands, territories, and resources, acknowledging both the shortcomings and the potential of international law to provide a robust legal framework for addressing issues related to territories, lands, and resources. In doing so, the chapter investigates the colonial origins of international law, tracing its development alongside international human rights and the ongoing disputes related to the exploitation of natural resources. It exposes a concerning reality: despite some progress since its colonial past, international law remains fragmented and lacks a cohesive approach to vital issues of land, territories, and resources. International human rights law affirms the significance of fundamental rights regarding land and resources, and as such as contributed to decolonising the concepts of property over lands and resources. However, international law still tends to support practices that prioritize the exploitation of resources found on Indigenous territories, particularly through economic, trade, and investment regulations. These glaring contradictions between a rights-based framework and the ongoing endorsement of resource exploitation reveal that international law continues to be profoundly influenced by the interests of powerful states and corporations, which persist in exploiting Indigenous territories for their own benefit.

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ORCID for Jeremie Gilbert: orcid.org/0000-0003-1377-3494

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