The role of fair and equitable benefit-sharing in environmental peacebuilding

Morgera, Elisa; Dam-de Jong, Daniëlla and Sjöstedt, Britta, eds. (2023) The role of fair and equitable benefit-sharing in environmental peacebuilding. In: Research Handbook on International Law and Environmental Peacebuilding. Law 2023 . Edward Elgar, Cheltenham, pp. 62-88. ISBN 9781789906929 (https://doi.org/10.4337/9781789906929.00011)

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Abstract

This chapter explores the role of international legal obligations on fair and equitable benefit-sharing to the integration of natural resource management and environmental protection in conflict resolution and recovery strategies. Benefit-sharing obligations have emerged at the crossroads of international biodiversity law and international human rights law. The chapter illuminates the potential of benefit-sharing obligations to prevent a country from relapsing into armed conflict due to unresolved issues in natural resources tenure and governance, by supporting the respect of the human rights of indigenous peoples, local communities, and rural women in the sectors of extractives, fisheries, infrastructure and agricultural development, as well as conservation. The chapter discusses how benefit-sharing applies to both the State undergoing a peace-building process and other States involved in this process via bilateral development cooperation or foreign investment, as well as to international organizations, and businesses involved in peace-building processes.

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