Affiliation:
1. Professor of Public, Mercantile and International Law and Director, Development and Rule of Law Programme (DROP), Faculty of Law , 26697 Stellenbosch University , Stellenbosch , South Africa
2. Director, Research Center for Climate Law (ClimLaw: Graz), Faculty of Law , University of Graz , Graz , Austria
3. Professor Ruppel’s Doctoral Student at Stellenbosch University , Stellenbosch , South Africa
Abstract
Abstract
Natural resources are the foundation for all life on earth, which all living creatures depend on to exist. Thus, it is subject to many sorts of laws and policies. Globally, constitutions follow different approaches to dealing with their respective country’s natural resources, which are rooted in the diverging cultures, political, economic, and legal systems, as well as in the distinct historical developments of the diverse constitutional orders. Accordingly, the present contribution discusses the prominent similarities between the inclusion of provisions relating to ownership, exploitation and exploration, and the use of natural resources, be they renewable or non-renewable, but also notes the different perspectives adopted and methods of protection applied in the analysed countries’ constitutions. The countries discussed in this paper are South Africa and Chad; Brazil, Cuba, and Bolivia; India and Iran; Germany; and Australia. This paper begins by, firstly, defining ‘natural resources’ and delineating its overlapping concepts. Secondly, the framework for comparison of the analysed countries is set out. Thirdly, the countries selected are separately discussed. Lastly, the comparative analysis is presented with a few concluding observations.