Por Julie Armenta Calderón[1] y Camilo Andrés Vargas Machado[2]

Summary 

This research article is the product of a socio-legal work on the environmental and ecological principle of sovereignty of natural resources, where from an interpretive design, with a qualitative methodology and a hermeneutic method, a documentary review of different judicial precedents from all over the world was carried out. from the year 1991, to present. Where important findings were located and found, and recommendations and conclusions were generated, which refer mainly to the right and responsibility of countries and communities to manage and use their natural resources. Since the sovereignty of natural resources was found, it refers to the idea that each country has the right and responsibility to manage and use its natural resources in a sustainable manner and for the benefit of its own population and respecting the environment. This implies that a country must make informed and responsible decisions on how to extract, use and conserve its natural resources, since the preservation of the ecological balance and the protection of the global environment. Sovereignty implies autonomous control, but also a responsibility towards future generations and the international community to maintain the health of the planet. Finding that the main difficulty for its development is in the balance between economic exploitation and environmental conservation, since countries often face economic pressures to exploit resources on a large scale, which can have negative impacts on the environment and biodiversity, adding the lack of technical capacity and financial resources. Furthermore, in an interconnected world, the overexploitation of resources has global effects.

Keywords: Sovereignty of natural resources, Productivity of natural resources, Sustainability and competitiveness of natural resources, Healthy environment.

Resumen

 

Este artículo es producto de una investigación sobre el principio ambiental y ecológico de soberana de los recursos naturales, donde desde un diseño interpretativo, con una metodología cualitativa y un método hermenéutico se efectuó una revisión de documental de distintos precedentes judiciales de todo desde el año 1991, hasta hoy. Donde se localizaron importantes hallazgos, y se generaron recomendaciones y conclusiones, que se refieren principalmente al derecho y la responsabilidad de los países y comunidades para gestionar y utilizar sus recursos naturales. Ya que se encontró la soberanía de los recursos naturales se refiere a la idea de que cada país tiene el derecho y la responsabilidad de gestionar y utilizar sus recursos naturales de manera sostenible y en beneficio de su propia población y respetando el medio ambiente. Lo cual implica que un país debe tomar decisiones informadas y responsables sobre cómo extraer, utilizar y conservar sus recursos naturales, teniendo en cuenta la preservación del equilibrio ecológico y la protección del medio ambiente global. La soberanía implica un control autónomo, pero también una responsabilidad hacia las generaciones futuras y la comunidad internacional para mantener la salud del planeta. Encontrando que la principal dificultad para su desarrollo está en el equilibrio entre la explotación económica y la conservación ambiental, pues, los países a menudo enfrentan presiones económicas para explotar recursos a gran escala, lo que puede tener impactos negativos en el medio ambiente y la biodiversidad, sumando la falta de capacidad técnica y recursos financieros que limitar la gestión sostenible.

 

Palabras clave: Soberana de los recursos naturales, Productividad recursos naturales, Sostenibilidad y competitividad de los recursos naturales, Medio ambiente sano.

Introduction

The principle of sovereignty over natural resources establishes that the resources that belong to a country must be controlled by its government; it is based on the idea that they are a source of wealth and power and that each nation has the power to take advantage of them for their own benefit (ONU, 2013, p. 32). On this axis, and c, Vargas had mentioned that the bioethical principles of the environment and responsibility analyzed were subject to both the proposal of Van R, Potter, and that of the German professor Fritz Jahr (2022, pages 2,3,6). Because the sovereignty of States has been recognized by the international community as a fundamental right of States, each country has the authority to make management and exploitation decisions without external interference; This principle, like all of them, entails responsibilities and that is that each State must ensure that the exploitation of its natural resources is carried out in a sustainable manner, protecting the environment and guaranteeing the well-being of its citizens. Likewise, resources must be used equitably, for the benefit of the whole society and not just a few (ONU, 1958). Therefore, through this written work, some of the points in which progress is observed in the subject at hand will be deepened, leaving for granted that the State must be the guarantor of the sustainable use of these resources for the benefit of society, thus protecting and conserving them for present and future generations (Romero, 2002, pp. 59-61).

In this sense, the development of the principle of sovereignty over natural resources is due to several causes, among them; the struggle for the independence of colonies and the rise of nation-states in the 20th century, which allowed countries to claim their right to control and manage their natural resources; growing environmental awareness around the world has led to greater recognition of the importance of protecting natural resources and managing them sustainably; Economic globalization has led to greater competition in terms of natural resources, which has caused countries to assert their sovereignty over their resources as a way to protect their economic interests. Within this, the aforementioned causes allowed the development of the principle of sovereignty over natural resources and compliance with international commitments to environmental protection and sustainable development (Salas, 2013).

So, bearing in mind the provisions of Resolution 1515, it has been recommended that the sovereign right that every State has to dispose of its wealth and its natural resources be respected, it is considered that any measure regarding this should be based on the recognition of the inalienable right of every State to freely dispose of its wealth and natural resources in accordance with its national interests (CEPAL, 1960), in the same way respect for the economic independence of States, seeking to exercise the well-being of their community and according to their interests. the development of etas through the explanation of the resources. Since, the exploitation, exploration and disposition of these, must be in accordance with the rules of each community, always anticipating the quality of life in these (ONU, 1960).

In the same order of ideas, it is important to take into account that sovereignty over natural resources and the use of these nations must be regulated and aimed at mutual respect between states, recognizing that the violation of this sovereign right would have the spirit and the principles of the Charter of the United Nations and hinders the development and preservation of peace, since this principle involves the obligation to care for the environment (Sanchez & Valderrama, Permanent Sovereignty over natural resources, 1980).

Along the same lines, this principle was developed in 1961 when the General Assembly of the United Nations declared that it had the obligation to avoid environmental damage, being accepted in international treaties, thus reflecting the right to permanent sovereignty over all natural resources as an international law, as a reflection of international customs, thus corroborating agreements that are subject to a general obligation not to cause damage to the environment of other countries or areas that go beyond the National territory (1980).

Moreover, regarding the relationship between the State and its territory, according to and according to T, Hobbes this: «confers to the sovereign power the administration of the goods provided by the land and that are found within the territory where that State is located”. From this time, the conception of Sovereignty can be analyzed from the perspective of a historical fact (Hobbes, 1979, pp. 202-203).

On the other hand, Hans Morgenthau, a renowned exponent of International Relations of the 20th century, develops the concept of this principle, indicating that there are factors to deliberate in order to determine the power of a nation: «geography, natural resources (food, raw materials), industrial capacity, population (distribution and trends), national character, national morale and the quality of government» (p. 133). The author stresses the importance of geography and natural resources to When defining the National Power and the characteristics that make up a State in structure and subsequent configuration of both domestic and foreign policies, to the concept of Sovereignty, Morgenthau defines it in relation to international law (1977, pp. 132-136).

Added to the above, the principle of sovereignty of natural resources has its beginning in the United Nations, which is the main source for its development and implementation, therefore, the general assembly accepted the first resolutions to this respective principle in the decade of 1950, determining for the first time the study of this concept to peoples and nations. In 1958, the General Assembly founded a commission for firm sovereignty over natural resources and gave it the formation to carry out a complete study of sovereignty over natural resources and wealth as basic foundations of the right to self-determination, as well as, the resolution of 1803 of the general assembly of 1962 gave development to the principle of sovereignty of natural resources in international law as part of the decolonization process. In this resolution, the assembly stated, among other things, the right of peoples and nations to the sovereignty of their wealth and natural resources and that the violation of this right was contrary to the spirit and principles of the charter of the united nations and prevented the development of international cooperation and the preservation of peace (Sánchez & Valderrama, 1979).

In this way, this principle was affirmed as a simple presumption of the states of independence of the colonized peoples who wanted to take control of their own resources, hence their economic and political fate, however, in 1966 the sovereignty of Natural resources obtained the nature of the general principle of international law when it was covered in its article 1 of the international covenants on human rights. On the other hand, the principle of permanent sovereignty of natural resources is a way of ensuring state access to resources to stimulate their development model. In addition, the right to self-determination allows indigenous peoples to authorize the resources necessary for their economic, social, and cultural development.

For this reason, the execution of projects in indigenous territories has resulted in the deprivation of the territory and the limitation of access to resources, even those essential for their permanence. Well, this has significantly harmed their right to freely determine their own development model, and even their existence as peoples. Faced with this reality, the principle sets out the purpose of an inclusive and not only exclusive sovereignty of the State, through which indigenous peoples ensure and protect access to the resources necessary for their development (UN, 2011).

Regarding the sovereignty over the natural resources of a State, as a people organized in a State, we see that it is linked to its economic independence, which in turn reinforces the concept of sovereignty. It is at this point that we verify that our American continent has not lost sight of the principle of sovereignty mentioned above, although with particular characteristics, of which the Inter-American Juridical Committee gives ample evidence; this has led to increased attention to the role that countries have in managing their natural resources. Economic globalization has led to increased competition for natural resources, which has led countries to assert sovereignty over their resources as a way to protect their economic interests. The evolution of international law has led to a greater understanding of the rights of countries and local populations over their natural resources; These causes have allowed the development of the principle of sovereignty over natural resources and have brought greater attention to the role that countries have in managing their resources; Likewise, it is important to take into account that States also have the responsibility to comply with international commitments on environmental protection and sustainable development. The importance of regional activities that promote sustainable development is recognized and the particularities, common points of view and cultural diversity of the region are considered. Its aim is for concrete measures to be taken in different areas of sustainable development such as biodiversity, water resources, vulnerable spots and sustainable cities, social aspects (including health and poverty), economic aspects, including energy, and institutional arrangements, including capacity building, indicators and civil society participation (Salas, 2003).

Foundations of Sovereignty Over Natural Resources

Within this framework, it can be highlighted that the principle of sovereignty over natural resources is based on the idea that countries have the right to exercise control and management of the natural resources found in their territory, for the benefit of their population and economic development. This principle has historical foundations that go back to different stages and contexts, among which we can mention; The right of discovery and conquest, during the time of colonization, European countries justified their right to explore and exploit the natural resources of other territories within the framework of the right of discovery and conquest, which allowed them to take possession of lands and resources in name of their kings or monarchs; Nationalism and independence, in the context of the independence processes of the colonized countries, the idea of sovereignty over natural resources became a fundamental principle of the struggle for self-determination and economic development of the new national states, in many cases the nationalization of natural resources was seen as a way to break free from foreign control and assert national independence and identity; Dependency theory in the 1960s and 1970s proposed a critique of the economic development model based on the export of raw materials and natural resources, arguing that this model favored the exploitation of peripheral countries by central countries. In this context, sovereignty over natural resources became a key demand of social and political movements that sought greater participation and control in resource management (Davalos, 2015).

Another historical foundation is the United Nations Declaration on Sovereignty over Natural Resources, a declaration in which it recognizes the right of countries to use their natural resources according to their own needs and priorities (NU, 1962), it also establishes that Countries have a responsibility to manage their resources sustainably to ensure their continued use in the future. In summary, the historical foundations of the principle of sovereignty over natural resources have been based on the idea of self-determination, independence and economic development of countries, as well as on criticism of models of exploitation and dependency.

However, it has been verified that the philosophical foundations of this principle are based on various currents of thought that have addressed the relationship between human beings and nature, and have also raised the need to respect and protect the environment in order to guarantee the well-being of present and future generations, some of these foundations will be described below; Ecologism, this current of thought defends the idea that human beings must live in harmony with nature and that the preservation of the environment and natural resources is essential for human well-being, from this perspective, sovereignty over natural resources it is seen as a right and a responsibility of the countries; Humanism who defends the idea that the human being is the center of existence and has intrinsic value. From this perspective, sovereignty over natural resources is based on the right of people to live in decent conditions and to have access to the necessary resources to satisfy their basic needs in order to develop their human potential; Social justice is based on the idea that resources must be distributed fairly and equitably, so that everyone has access to them on an equal basis, therefore communities have the right and responsibility to manage resources fairly. that benefit the entire population and not just a privileged elite (Carrizosa, 2011).

Consequently, the philosophical foundations of the principle of sovereignty over natural resources are based on the idea of the relationship between human beings and nature, and defend the right and responsibility of countries and communities to manage and protect natural resources. in a sustainable and fair way to guarantee human well-being and the ecological balance of the planet (Gallo, 2018, pp. 826-830).

In addition, the principle of sovereignty over natural resources is a fundamental idea in international law and environmental policy, since this principle establishes that countries have the exclusive right to decide how to use their natural resources and how to manage them, even if they based on political and legal grounds. Likewise, it has important scientific foundations that support it. One of the main scientific foundations of the principle of sovereignty over natural resources is the idea that each country has its own geography, geology and climate, which means that its natural resources are unique and must be managed according to their specific characteristics. For example, a country with a large amount of arable land may decide to use its resources for food production, while another country with abundant oil reserves may choose to develop its oil industry (Salas, 2013).

Among the scientific foundations that support the principle of sovereignty over natural resources are; The carrying capacity of the ecosystem, each ecosystem has a limited capacity to support the exploitation of natural resources. If this capacity is exceeded, there is a risk of damaging the natural balance of the ecosystem and compromising its sustainability; The need to preserve biodiversity. this is essential to maintain ecosystem stability and provide key ecological services; Excessive exploitation of natural resources can endanger biodiversity, therefore compromising long-term sustainability; The need to guarantee access to natural resources for future generations, which are finite and their exploitation must be managed sustainably to ensure that future generations have access to them (Lauría, Gómez, Sánchez, & Fabricio, 2020, pp. 15-18). Furthermore, this principle is based on a scientific understanding of the importance of sustainable management of natural resources and the need to adapt that management to the specific conditions of each country.

Together with the legal and political foundations, the principle of sovereignty over natural resources also has bases in other sciences, such as Economics, ecology, biology and geology, these scientific disciplines provide essential information about natural resources and their role in ecosystems and human life, which in turn contributes to the understanding and application of sovereignty over these resources, which are an important part of a country’s economy, since they provide the necessary materials for the production of goods and services, thus generating energy and agriculture. From an economic perspective, this principle refers to the fact that a country or a community has the right to control the exploitation, use and distribution of its natural resources in accordance with its own interests and needs (Mazurek, 2018). This implies that the country or the community can decide how to use its natural resources, either for their own consumption or for export, and how to set the prices of these resources in the international market. In the field of ecology, understanding the complexity and interconnection of ecosystems is a key element to understand the importance of sustainable management of natural resources (Pauña & Strand, 2005). Excessive exploitation of a natural resource can negatively affect other components of the ecosystem and ultimately have serious consequences for biodiversity and environmental stability.

Biology is another scientific discipline that has a fundamental role in the study of natural resources. Biodiversity is a key natural resource and its conservation is essential for the protection of ecosystems and the sustainability of natural resources. Research in biology can provide important information about species that depend on certain natural resources and their role in ecosystems (Acevedo, ‎Beltrán, & ‎Buitrago, 2021).

Finally, geology is also a scientific discipline that contributes to the understanding of natural resources and their sustainable management. Knowledge of the geology of a region can be essential for the identification of mineral resources and their sustainable extraction (SGE – IGME, 2004). It is also important for the understanding of geological processes and their relationship with natural resources (Euston).

However, permanent sovereignty over natural resources stems from the struggle of the colonized peoples for self-determination of their political status and the search for economic, social and cultural development. Since the early 1950s, this principle has been the legal basis for ensuring that decolonized countries have access to the economic benefits derived from the exploitation of natural resources within their territories. This, in turn, allowed newly independent countries to ignore contracts and agreements made by foreign companies with colonial countries that harmed the sovereign interests of the new one (Sanchez & Valderrama, 2020). The principle of permanent sovereignty over natural resources, which is an important part of the co-creation of the international principle of economic sovereignty of states, has been included in several international agreements, first of all in resolution 1515 (XV) of 15 December 1960, this was the first document that declared respect for the sovereign right of each state to determine its own wealth and natural resources later, in Resolution 1803 (XVII) of 1962 (McWhinney, 2007). The General Assembly recognized the right of nations and peoples to permanent sovereignty over their natural resources (UNU General Assembly, 1962, paragraph 1) and established that any violation of this right implies a violation of the principles of the charter of united nations. , such as the development of international cooperation and the preservation of peace (NU, 1962); This recognition led to the principle that people are free to use their property and resources to achieve the status of a general principle of international law, when embodied in Article 12 of the Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Social Rights. and Cultural. Based on these aspects, the principle of sovereignty consists of three components; subjective, objective and the limit of the practice of this principle; The subjective element refers to the ownership of this right, resolution 1803 of the UN General Assembly (XVII) declares that the holders of the right are «Nations and Peoples” (UN ILC, 2015). However, the scope rationed persona from vary according to the focal area of the international document, although agreements on environmental law and international economic law naturally grant countries free control over their natural resources, so that they can freely shape their strategies to achieve their economic development; Human rights treaties recognize this right of the “people”. Originally the term citizens were associated with its inhabitants who were subject to colonial rule, which prevented them from exercising their right to political self-determination. (DOS, 1991). decolonization process, the countries assumed their permanent sovereignty over the natural resources within their territories, provided that they guarantee and respect the right of the peoples under their jurisdiction to access the natural resources located in their ancestral territories (UN, 1975). The objective part of this right is natural resources. Both international law treaties and international law doctrine have not created a legal concept of natural resources. Thus, the natural resources in whose analysis include all the physical assets of nature and their intrinsic and economic value, as well as the integrity of ecological systems, including the sea, air, land, vegetation and nature. within the national jurisdiction of the country.

The third factor limits the exercise of a country’s sovereignty and over its natural resources. The limitation is based on the fact that the benefits of the use and exploitation of natural resources should promote the development of the country and the well-being of the population (Altomonte, ECLAC, UN, & Sánchez, 2016). This limitation is contained mainly in international human rights law in relation to the access of indigenous peoples to natural resources. In international treaties on human rights, the limit of the principle of permanent sovereignty over natural resources is the prohibition of taking people’s livelihoods (UN, 2006). In the case Saramaka v. The Inter-American Court of Human Rights affirms in Suriname the link between the right to territory and access to natural resources as a fundamental condition to preserve their way of life and ensure their physical, cultural and spiritual survival (Case of the Saramaka People vs. Suriname, 2021). Bearing in mind the negative consequences of the exploitation of natural resources in the territory of indigenous peoples and the recognition of the freedom of self-determination of these peoples, it is important to ask whether indigenous peoples could claim the right to self-determination over natural resources in its territory with the State (UN, 2011, pp. 3-5).

Even though, the principle of sovereignty over natural resources is legally based on Decree 1608, which regulates the National Code of Renewable Natural Resources and Environmental Protection Administration, management, protection, use and resources of wild fauna. These guidelines are based on a socio-humanistic and environmental problem, from the strengthening of citizen participation in the generation of capacities, for the understanding of the complexity and socio-environmental fragility (Colombian Presidency, 1978).

Although, each decree is conceptualized as follows: Article 17 charter of economic rights and duties of states, international cooperation for development is a shared objective and common duty of all states. Every State must cooperate in the efforts of developing countries to accelerate their economic and social development (Jiménez, 2004), assuring them favorable external conditions and giving them active assistance, compatible with their development needs and objectives, with strict respect for the sovereign equality of States and free from any conditions that undermine their sovereignty (Sánchez H., 2014, p. 523). Decree Law 2811 of 1947 Code on natural resources «[t]he government will try to avoid or prohibit the use of environmental elements and renewable natural resources that can cause environmental deterioration in non-neighboring countries, on the high seas or on its bed, or in the atmosphere or airspace beyond territorial jurisdiction” (Ministry of Agriculture – IICA, 1968, p. 15).

On the other hand, it is necessary to address the constitutional foundations of this principle, bearing in mind judgment T-606, which exposes situations that put the resources that are part of the natural parks that make up the country at risk (Judgment T-606, 2015). ; Within this jurisprudence, the legal problem was established, whether the authorities violated the fundamental rights to work, food sovereignty, participation, vital minimum and human dignity of the plaintiffs, by not implementing compensation measures that would mitigate the damages caused by the prohibition of artisanal fishing in “Parque Tairona”? (Muñoz & Olaya, 2021, p. 230), with regard to this, the court established that legally the Natural Parks System is made up of five elements with constitutional relevance.

In the first place, the use, management and destination of said areas is strictly subject to specific conservation purposes; Second, the activities allowed in the area of natural parks are conservation, research, education, recreation, culture, recovery and control; Third, in these areas, conducts that may result in the alteration of the natural environment, especially mining, industrial, fishing and livestock activities, are prohibited; Fourth, these areas are classified according to their exceptional value and their special characteristics; Lastly, it is important to mention that these areas are zoned to improve their administration, in turn imposing restrictions on the exercise of rights and freedoms (Garavito, 2022, p. 257).

Based on this, the Court highlighted that the contamination and destruction of marine ecosystems not only represents a critical environmental situation, it also constitutes a social and economic problem by avoiding fishing, since dozens of families of fishermen depend on this resource. artisanal, bearing this in mind, the Court concludes that the development of fishing activities in the park has put heavy pressure on fishing resources, especially certain threatened species, since in some cases it has been shown that catches are below the average sizes of sexual maturity, which shows a use that does not favor the natural condition of the species exploited by not allowing their reproduction, the loss of species and marine ecosystems in the “Parque Tayrona” [located in Santa Marta, Colombia] is mainly due to fishing activity in all its modalities (Mesa, 2023, pp. 375, 378)

To a certain extent, the control of conventionality as a mechanism for the protection of the rights that a country has, enshrined in treaties, agreements and regulations, allow us to observe from different perspectives the forms of protection of this principle, an example of this is the agreement of Biological Diversity, ratified by Law 165 of 1994, in the preamble The Contracting Parties (Colombian Congress, 1994). agreement consisting of the intrinsic value of biological diversity and the ecological, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic values of biological diversity and its components, as well as the importance of biological diversity for the evolution and for the maintenance of the systems necessary for the life of the biosphere, understanding that genetic resources translate into goods and services for the human being, which can be used from the expressed form of these (genes) in food, materials raw materials, natural medicines, understanding that these are part of the Nation’s natural resources. The control of conventionality as a mechanism for the protection of the rights that a country has, enshrined in treaties, agreements and regulations, allow us to observe from different perspectives the forms of protection of this principle, an example of this is the Biological Diversity agreement (CBD) ratified by said Law (Glowka, 1996).

Another example can be found in the Declaration of Rio de Janeiro that was carried out from June 3 to 14, 1992, which in its principles from 1 to 27 established that man has the special responsibility to preserve and judiciously administer the patrimony. of wild flora and fauna and their habitat, which are currently in serious danger due to a combination of adverse factors, and reminds us that educational work on environmental issues is essential, aimed at both young generations and adults who allows the entire population to be aware of having a conduct at the level of companies and communities inspired by the sense of responsibility regarding the protection and improvement of the environment. (Sánchez H., 2008, p. 36)

Considering the ideal, it is pertinent to talk about Resolution 1314 (XIII) issued by the commission on permanent sovereignty of natural resources towards an investigation into what represents permanent sovereignty over natural resources and wealth, and some basic foundations of the right to self-determination, and recommendations aimed at reinforcing it, in order to fully study the situation of the permanent sovereignty of peoples and nations over their wealth and natural resources, taking into account the rights and duties of states in favor of self-determination. International law and its importance in the economic development of developing countries must be based on the principles of equality and the right of peoples and nations to self-determination (UN, 1958).

In the same way, what is established in Resolution 1515 (XV) of December 15, 1960, in which it has provided that the sovereign right of every state to decide on its wealth and natural resources be measured, based on some average It must be justified in the inalienable right of every state to place its wealth and natural resources of its own free will in accordance with national interests, and to the economic independence of states (General Assembly, 1960).

Regarding the normative foundations that support this principle, the following stand out: First, the United Nations Declaration on the Right to Development (1986), which establishes that States have the sovereign right to use their natural resources in accordance with their own development policies. Also recalling the right of peoples to exercise, subject to the relevant provisions of both International Covenants on Human Rights, their full and complete sovereignty over all their natural resources and wealth (Garrido, Armendáriz, & Roig, 2013). establishes that States have the right to exploit, conserve and manage natural resources in their exclusive economic zone the coastal State exercises sovereign rights over the continental shelf for the purpose of exploring and exploiting its natural resources (Trios, 2020). Third, the Charter of the United Nations (1945), which recognizes the sovereignty of States and their right to make decisions about the natural resources present in their territory; Fourth, the Stockholm Declaration on the Human Environment (1972), which recognizes the right of States to use their natural resources in accordance with their own economic and social development needs In accordance with the Charter of the United Nations and with the principles Under international law, States have the sovereign right to exploit THEIR own resources in application of their own environmental policy and the obligation to ensure that activities carried out within their jurisdiction or under their control do not harm the environment of other States or of areas located outside any national jurisdiction (Unesco, 2005). which reiterates the right of States to exploit their natural resources and recognizes the need for sustainable management of these resources, in order to achieve sustainable development, environmental protection must be an integral part of the development process and cannot be well thought out in isolation (Grinberg, 1999).

In their migrations, moreover, ideas can receive direct influences from political and economic factors typical of the new context, or indirect influences that, through political discontent or economic crises, create an environment of greater receptivity for some ideas and not others. (Cordera & Lomelí, 2006). It did happen with the influence that Prebisch received from the American John H. Williams (1887-1980), international economist from Harvard and vice president of the Federal Reserve. Williams was the benchmark for the adoption of the gold-dollar standard during the Bretton Woods Conference and inspired Prebisch, with whom he had a long friendship since the 1920s, with his criticism of the Ricardian theory of comparative advantages in international trade. According to Domínguez, León, and Samaniego, the «young countries» (exporters of agricultural products such as Argentina) depended on maintaining their basic products in the import markets, and on the production and employment of «advanced countries» (2019).

Therefore, from the beginning the Latin American World Model had an advisory committee, in charge of establishing «the guidelines and general purposes of the project and carrying out its implementation», in which Sunkel also participated. It was painstaking that the catastrophe predicted by MIT had already it was installed, since two thirds of humanity were in a situation of poverty, which was not the product of physical limits (potentially surmountable thanks to technological progress), but of political limits. There was an unequal distribution of power, both between countries and within countries, based on exploitation (oppression and alienation), the effects of which required “essentially socialist” solutions (Herrera, 1971, p. 12). Although in retrospect they turn out to be post-capitalist, as shown by the recommendation that Private ownership of the means of production should be replaced by the more universal concepts of use and management of the means of production, they review the different meanings, the logic and the political positions to that gave rise to the concept of sustainable development, which makes it possible to classify the internal currents of ECLAC thought that appear in the rest of the chapter regarding the bidirectional relationship between development, on the one hand, and natural resources and the environment, on the other (2020).

To some extent, sovereignty over natural resources is a fundamental principle of international law that has been established over time through various legal sources. According to Professor Philippe Sands, the sovereignty of States over their natural resources is considered a fundamental principle of international law and is at the base of most national and international legal systems (Valverde, 1996).

Though, one of the jurisprudential foundations of sovereignty over natural resources is found in the principle of self-determination of peoples. This principle has developed over time and is enshrined in various international treaties, such as the United Nations Declaration on the right of peoples to self-determination. According to this declaration, peoples have the right to freely determine their political status and to pursue their economic, social and cultural development. This right includes the exercise of their sovereignty over their natural resources (Dávalos, 2005).

On the other hand, another important foundation of sovereignty over natural resources is found in the principle of the sovereign equality of States. This principle has developed over time and is enshrined in various international treaties, such as the United Nations Charter. According to this Charter, all members will have equal rights and obligations under this Charter (Pizarro, Andrés; Méndez, Fernando, 2006). Since, jurisprudence and international judicial precedents have also established that sovereignty over natural resources is subject to certain limitations. For example, the International Court of Justice in The Hague has established in its ruling on the North Sea Continental Shelf case that the sovereignty of coastal States over the continental shelf is subject to certain international obligations, such as the obligation to protect and preserve the marine environment (1969).

Recommendations

States and Institutions can be trusted to adopt a comprehensive and collaborative approach to strengthen the principle of sovereignty over natural resources, which implies promoting education and public awareness about the importance of natural resources, fostering international cooperation in transboundary resource management, integrating sustainable development into resource management, involving local communities and indigenous peoples in decision-making. decision-making, enforce existing regulations, encourage scientific research, promote transparency and accountability in resource management, establish economic incentives for the conservation and sustainable use of resources, contemplate the effects of climate change on the resource management, respect human rights, promote collaboration between government sectors and establish effective monitoring and evaluation systems. These, adapted to local needs, can help protect our natural resources and ensure a sustainable future for generations to come.

Because the principle of sovereignty over natural resources is a cornerstone in the field of international law and environmental policy, since it recognizes the exclusive right of countries to decide how to use and manage their natural resources, based on a series of fundamentals. historical, philosophical and scientific. Historically, this principle has been rooted in the struggle for self-determination and the economic development of nations, as opposed to models of exploitation and dependency. Philosophically, it is based on currents such as environmentalism, humanism and social justice, promoting the responsible management of resources in harmony with nature and human well-being. Scientifically, it is based on the carrying capacity of the ecosystem, the preservation of biodiversity and sustainable management for future generations. In addition, it finds support in disciplines such as economics, ecology, biology and geology, which provide vital information on natural resources and their relationship with society. Therefore, this principle not only has solid foundations in international law, but is also manifested in the national legislation of many countries, such as Colombia, where it is regulated in Decree 1608. However, it faces challenges, especially in the protection of natural resources. in areas of high ecological value, such as national parks. Here, international collaboration, citizen participation and conventionality control can be valuable tools. Well, although, in a world where the pressure on natural resources is growing, sovereignty over them must be exercised responsibly and in consideration of human rights and the environment. A holistic approach is required that involves all stakeholders, including governments, local communities, indigenous peoples, businesses and civil society. Education and public awareness about the importance of sustainable resource management are essential. Furthermore, international cooperation and transparency in the management of transboundary resources are crucial to address global challenges such as climate change.

Thus, the principle of sovereignty over natural resources is an idea rooted in history, philosophy and science, with a significant impact on international law and environmental policy, where its strengthening depends on a collaborative and responsible approach that considers social, economic and environmental aspects, as well as the rights of present and future generations, in a sense in which the protection of these resources is a moral and legal imperative that requires the concerted action of the global community.

Conclusions

In closing, sovereignty over natural resources is a fundamental principle of international law that has been established through various legal sources. This principle is based on the right of peoples to self-determination and the sovereign equality of States. Although this right is not absolute and is subject to certain limitations, it continues to be a fundamental element of international law and natural resource policy at the national and international level, encouraged in the use of nations, regulated and directed towards mutual respect. between the states, in order to avoid environmental damage, where each state or nation has sovereign power, the total administration of the goods provided by the land and that are found within the territory where the state is located.

As a novel factor found in the principle of sovereignty is the regulation and total control of natural resources in the country, that is to say that each of the states are responsible for the administration of said resources, taking into account that no other country can influence with its rules, because natural resources are a source of wealth and power for each nation, so the principle that it seeks is that each nation has the power to use them for its own benefit, on the other hand, said principle entails responsibility for what the state or nation must ensure and guarantee controlled use, protecting the well-being of all its citizens and the environment, achieving a balance between human beings and nature. It should be noted that this principle was given to causes such as; the struggle for the independence of the colonies and the emergence of nation-states in the 20th century, the growing environmental awareness throughout the world, economic globalization, which is why it is of the utmost importance that each country be able to adapt and implement the necessary measures for the use and protection of natural resources.

Another important factor that was found in the principle of sovereignty is the nationalism and independence of the colonized countries, thus the principle of sovereignty has become a fundamental principle of the struggle for self-determination and economic development of the new national states. , for which it was seen as a form of liberation from the control exercised by the foreign state and to be able to affirm that the independence and national identity of each state, based on the decision of how to manage and control its own resources, without the need for a command superior, to decide and use it according to their needs and priorities, which in turn fosters the relationship between human beings and nature, and its protection.

On the other hand, something new about this principle is that there are also scientific foundations, which establish the carrying capacity of the ecosystem, where each of these contains a limited capacity to support the exploitation of natural resources, that is, if this capacity were to be exceeded, there would be a risk of damaging the natural balance of the ecosystem and compromising its sustainability, on the other hand; the need to preserve biodiversity, which is a fundamental part of maintaining ecosystem stability and providing key ecological services for their sustainability; the excessive exploitation of these natural resources endangers biodiversity, which compromises and affects long-term sustainability.

One of the main problems that this principle can solve at present is the agricultural activity and illegal mining in the country, since they are two causes of environmental pollution, air quality, the loss of species and living organisms in a certain community, so I think that through the principle of sovereignty, norms and laws can be established that penalize illegal offenders who are mainly engaged in illegal mining, which is one of the most serious problems that exists throughout the world in terms of With respect to the environment and its resources, on the side of agriculture, peasant farmers, seeing the inequality that exists in their community and the neglect of states and governments, are forced to extend the land for planting their products to be able to sustain daily, and that by means of said principle it can be solved.

With the implementation of the principle of sovereignty, many benefits can be achieved, economic, health and, above all, the impact on the environment, seeing that currently the biggest problem is environmental along with the exploitation of natural resources in the whole world unleashing the possibility that in the future environmental and human sustainability is at risk, so with the principle of sovereignty through its rules and regulations. Thus, the principle of sovereignty can be applied through the implementation and correction of laws and norms already established in the country, reinforcing and guaranteeing stability and balance of the human population with the environment, being a factor of great importance. for the socioeconomic development of the country,

Due to the fact that the principle of sovereignty can serve the community, families or people in a real environment, it is that through the use of natural resources the government can offer programs especially to the agricultural sector, With the money derived from the exploitation of natural resources in the country, on the other hand, it can serve all the communities themselves, because they will enjoy better air quality, which allows an improvement in air quality. of life, guaranteed good health.

For consideration, it can be mentioned that one of the most feasible recommendations both for the government and for entities and institutions for the benefit in general, is that from the decision making made by the government of the nation, it be fully complied with under rules, which are respected and complied with by entities, institutions, since specifically in our country, it has been possible to show that rules against the illegal exploitation of natural resources have been implemented for a long time, but that many times they are not rigorously penalized, this for different reasons such as corruption, giving them advantages of high command in the state to infringe and divert their obligations as offenders.

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Citas

[1] Member of the UCCIDERGRUP Research Group. Lawyer Master in Environmental Law-Specialist in Civil and State Liability-Specialist in Public Management. Cooperative University of Colombia.  Marta.julie.armenta@campusucc.edu.co, Orcid: https://orcid.org/0000-0003-2561-2364?lang=es

[2] Full-time professor and researcher at the Universidad Cooperativa de Colombia, member of the UCCIDERGRUP Research Group. Doctoral student in Bioethics from the UMNG; Master in Political Science and Master in Political Science, Peace and Integration of Peoples. Cooperative University of Colombia.

camilo.vargasma@campusucc.edu.co. Orcid: https://orcid.org/0000-0003-0993-358X