Establishing the obligations of the occupier concerning the exploitation of natural resources in territories under occupation: Between lex lata and lex ferenda

Abstract

This article examines the legal regulation of the exploitation of natural resources in occupied territories to establish the obligations of the occupier. Consequently, the concept of usufruct as a cornerstone of this legal regime is analyzed considering its historical roots and civil law origins. The application of usufruct is also explored in various domains of international law. Examining usufruct in relation to the principles of the law of occupation clarifies the normative background that defines the obligations of the occupying power. The author concludes that the law of occupation should be updated to address the needs of local populations living under occupation and their right to development.