The State Sovereignty over Natural Resources from the Perspective of International Law

Abstract

One of the most important and at the same time most controversial legal concepts is the concept of sovereignty. In addition to being controversial, its application to various cases also entails extensive discussions. Therefore, one of the fundamental and valuable aspects of sovereignty is the sovereignty of states over natural resources. The importance of this issue becomes more evident when states undertake the nationalization of natural resources and consider sovereignty over them as part of their inherent rights. Explaining the status of this claim in international law is a key objective of this discussion. In light of these considerations, the fundamental question of this research is: How is the sovereignty over natural resources, as a natural and inherent right for states, addressed in international law? Using a descriptive-analytical method and relying on library resources, this issue has been explored. The results indicate that the sovereignty of states over natural resources has been recognized in international law and is considered an inherent and inseparable right of sovereignty for independent states. Furthermore, the status of sovereignty over natural resources, as a legal rule—if not a peremptory norm (jus cogens)—can be regarded as one of the universal principles of international law.