PERMANENT SOVEREIGNTY OVER NATURAL RESOURCES: THE PERSPECTIVE OF PAKISTAN’S LAW AND INTERNATIONAL LAW

Abstract

The concept of Permanent Sovereignty over Natural Resources (PSNR) that is analysed in the paper is through the lens of domestic law regime of Pakistan and the part they have to play in terms of international law regulating the concept. PRS is a claim to permit states and people to manage and enjoy the benefits of their own natural resources, a claim that began with a depoliticization struggle in the 1960s. A good instance of the inconsistency of constitutional sovereignty, provincial autonomy and international responsibilities particularly in matters relating to the international arbitration and the BIT constitute the case of Pakistan as a resource based yet economically dependent state. This paper focuses on the clauses in the constitution, case and international relations and Pakistan participation in international human rights, investment and environmental regimes. It concludes with recommendations of harmonising domestic constitutional principles and international obligation of protecting them to meet national interests and resources to enhance justifiable handling of resources.

The present paper is the critical appraisal of PSNR concept concerning the Constitutional provisions of Pakistan and its obligation by the international law. Beginning with the anti-colonial movements of the 1960s, PSR recognizes the rights of states and peoples to exercise power and gain associated with their natural resources. Although this principle is enshrined in the international and domestic law tools, there are disadvantages when it comes to its application at the practical level; particularly to the developing economically dependant countries like Pakistan with a lot of available resources. The paper is an evaluation of the constitution and judicial interpretation of the Pakistani Constitution and the Pakistani involvement with international human rights and investment and environmental regimes. It then denotes the conflict between sovereignty and foreign investment will be noted in the Reko Diq investor case. Lastly, it suggests amendments to laws and policy in order to reconcile the domestic Pakistani constitution and the international one, in an attempt for exercising its sovereignty over its resources in a way that is just and sustainable.