O Direito Internacional dos Investimentos e a promoção do direito ao desenvolvimento: reflexos na indústria do petróleo

Abstract

This paper brings together two topics of great relevance for the study of International Law. The first one is International Investment Law, which is the outcome of the intense flows of capital and individuals around the world and expresses the consequences of contracts and treaties in force between host states and foreign investors. The second topic refers to the right to development, which came to life in an environment of deep and intense debate waged by the international community. The right to development represents the multifaceted right which encompasses social, economic and environmental aspects. In this context of sustainability and representativeness of the Human Rights, this research aims at showing how these two issues can contribute to an essentially international industry, namely the oil and natural gas industry. Intending to reduce the negative impacts of exploration and production of oil and gas activities in oil countries, the principles of International Investment Law and of the right to development are applied in order to reach some mechanisms that promote the development in the countries that take part in this industry. Such mechanisms are studied from the perspective of Comparative Law and they propose a strategy of action for both host states and foreign investors. That strategy is intended to guarantee harmony in the international community, turning this so peculiar and unstable industry into an instrument for the enhancement of both mankind and the environment.