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5 - Natural Resources, Power Sharing, and Peacebuilding in Postconflict Constitutions

from Part I - Themes and Structures of Environmental Constitutionalism

Published online by Cambridge University Press:  02 November 2018

Erin Daly
Affiliation:
Widener University School of Law, Delaware
James R. May
Affiliation:
Widener University School of Law, Delaware
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Summary

Environmental constitutionalism has tended to focus on the right to a healthy environment and related procedural rights necessary for their effective implementation. Increasingly, though, structural issues related to the ownership of, control over, and access to benefits from natural resources are recognized as central to social stability—and are addressed as part of post-conflict peacebuilding processes. With this growing recognition, post-conflict constitutional processes increasingly address consideration of natural resources and powersharing. Natural resources and the environment play an important, and sometimes central, role throughout the conflict lifecycle. Post-conflict powersharing mechanisms can have a profound effect on the allocation of natural resource rights and responsibilities, as when decentralization provides local mandates to manage natural resources. In cases where resources were an important factor of armed violence, such frameworks may stall resolution of resource-related tensions and accomplishment of full reconciliation and peace. This chapter examines constitutional provisions of the 56 countries affected by major armed conflict from 1990 to 2015 to understand and assess the patterns of powersharing related to authority over natural resources in post-conflict constitutions.
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Implementing Environmental Constitutionalism
Current Global Challenges
, pp. 100 - 126
Publisher: Cambridge University Press
Print publication year: 2018

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