Beyond Antagonism: Legal Protection of Foreign Investment in the Natural Resources Sector

The essay examines the legal protection of foreign investment in the natural resources sector, keeping in mind the pivotal role the sector may play in the economic development of the host State as well as the need to strike a balance between the private and public interests at stake. After elaborating on the notions of permanent sovereignty over natural resources and sustainable development, it discusses the main questions related to the exercise of regulatory powers by the host State, the protection of social values, and the promotion of good governance. It finally attempts to identify the sources of tension and possibly conflict with a view of reconciling the competing rights and interests of stakeholders.