Indigenous Industry Agreements Natural Resources And The Law

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Indigenous-Industry Agreements, Natural Resources and the Law

Author : Ibironke T. Odumosu-Ayanu
Publisher : Routledge
ISBN 13 : 0429012853
Total Pages : 339 pages
Book Rating : 4.4/5 (29 download)

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Book Synopsis Indigenous-Industry Agreements, Natural Resources and the Law by : Ibironke T. Odumosu-Ayanu

Download or read book Indigenous-Industry Agreements, Natural Resources and the Law written by Ibironke T. Odumosu-Ayanu and published by Routledge. This book was released on 2020-12-27 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.

Indigenous Peoples, Natural Resources and Permanent Sovereignty

Author : Andrea Mensi
Publisher : BRILL
ISBN 13 : 9004523995
Total Pages : 347 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Indigenous Peoples, Natural Resources and Permanent Sovereignty by : Andrea Mensi

Download or read book Indigenous Peoples, Natural Resources and Permanent Sovereignty written by Andrea Mensi and published by BRILL. This book was released on 2022-12-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.

Indigenous Peoples, Title to Territory, Rights and Resources

Author : Cathal M. Doyle
Publisher : Routledge
ISBN 13 : 1317703170
Total Pages : 417 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Indigenous Peoples, Title to Territory, Rights and Resources by : Cathal M. Doyle

Download or read book Indigenous Peoples, Title to Territory, Rights and Resources written by Cathal M. Doyle and published by Routledge. This book was released on 2014-11-20 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Indigenous Peoples, Natural Resources and Governance

Author : Monica Tennberg
Publisher : Routledge
ISBN 13 : 1000506975
Total Pages : 223 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Indigenous Peoples, Natural Resources and Governance by : Monica Tennberg

Download or read book Indigenous Peoples, Natural Resources and Governance written by Monica Tennberg and published by Routledge. This book was released on 2021-12-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers multidisciplinary perspectives on the changing relationships between states, indigenous peoples and industries in the Arctic and beyond. It offers insights from Nordic countries, Canada, Australia, New Zealand and Russia to present different systems of resource governance and practices of managing industry-indigenous peoples’ relations in the mining industry, renewable resource development and aquaculture. Chapters cover growing international interest on Arctic natural resources, globalization of extractive industries and increasing land use conflicts. It considers issues such as equity, use of knowledge, development of company practices, conflict-solving measures and the role of indigenous institutions. Focus on Indigenous peoples and Governance triangle Multidisciplinary: political science, legal studies, sociology, administrative studies, Indigenous studies Global approach: Nordic countries, Canada, Russia, Australia, New Zealand and Canada Thorough case studies, rich material and analysis The book will be of great interest to legal scholars, political scientists, experts in administrative sciences, authorities at different levels (local, regional and nations), experts in human rights and natural resources governance, experts in corporate social governance.

Indigenous Peoples

Author : Svein Jentoft
Publisher : Eburon Uitgeverij B.V.
ISBN 13 : 905166978X
Total Pages : 328 pages
Book Rating : 4.0/5 (516 download)

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Book Synopsis Indigenous Peoples by : Svein Jentoft

Download or read book Indigenous Peoples written by Svein Jentoft and published by Eburon Uitgeverij B.V.. This book was released on 2003 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Since the Rio Earth Summit in 1992, a legal process within the auspices of the UN has been underway that may help indigenous peoples to sustain their natural environment, industries, and cultures. This book addresses some of the legal, political and institutional implications of those processes." - Back cover.

Indigenous Peoples, the Environment and Law

Author : Lawrence Watters
Publisher :
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Indigenous Peoples, the Environment and Law by : Lawrence Watters

Download or read book Indigenous Peoples, the Environment and Law written by Lawrence Watters and published by . This book was released on 2004 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a rich perspective on the intersection of indigenous peoples and the law, particularly within environmental law and international environmental law, emphasizing themes that are increasingly prominent on the agenda of the international community. In the anthology, twenty-three articles are collected that address significant conflicts with an interdisciplinary vantage point, where the interests of indigenous peoples and environmental law are closely intertwined. It analyses biodiversity, traditional knowledge, the responsibility of multinational corporations, and restitution. Sixteen of the selections provide a comparative perspective on the conflicts and issues involving indigenous peoples arising in specific countries. From the fragile environment of the Arctic, to sacred sites and water in the United States, the diversity of indigenous peoples is explored within the context of governance, natural resources and conflict resolution. From native Hawaiians to the Sami of Scandinavia, selected themes parallel and contrast with one another in concert with the quest for survival in Bolivia, Guatemala, the Philippines and Russia. At the same time, the relationship of indigenous peoples to nature and the struggle for identity are common themes in virtually all of the selections. Case studies, drawing on anthropology and history, in addition to law, combined with several more conceptual contributions, provide a mosaic that places indigenous peoples in both a comparative and international context. In addition, Watters includes several articles that explore trends in convergence and globalization, which have especially important ramifications for indigenous peoples. "Each article stands on its own as a significant scholarly contribution and the diversity of authors necessarily lends a unique flavor and perspective to the subject... almost all of the selections are recent and therefore timely... [T]hey are drawn from an excellent group of journals that remain in the forefront in scholarship" -- Brian Myers, Georgetown International Environmental Law Review "Indigenous People, the Environment and Law...provides an invaluable onestop resource for seasoned scholars seeking a holistic look at this important topic and for relative newcomers to the subject seeking a broad introduction... an important contribution to the scholarly field at a crucial time" -- Sean T. McAllister, UCLA Journal of Environmental Law & Policy Printable Quick Facts Sheet & Summary Table of Contents

Beyond Intellectual Property

Author : Darrell Addison Posey
Publisher : IDRC
ISBN 13 : 088936799X
Total Pages : 324 pages
Book Rating : 4.8/5 (893 download)

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Book Synopsis Beyond Intellectual Property by : Darrell Addison Posey

Download or read book Beyond Intellectual Property written by Darrell Addison Posey and published by IDRC. This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural property, aboriginal people, ethnobiology, legal status, laws.

Indigenous Peoples and International Trade

Author : John Borrows
Publisher : Cambridge University Press
ISBN 13 : 9781108717229
Total Pages : 0 pages
Book Rating : 4.7/5 (172 download)

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Book Synopsis Indigenous Peoples and International Trade by : John Borrows

Download or read book Indigenous Peoples and International Trade written by John Borrows and published by Cambridge University Press. This book was released on 2022-03-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

Research Handbook on the International Law of Indigenous Rights

Author : Newman, Dwight
Publisher : Edward Elgar Publishing
ISBN 13 : 1788115791
Total Pages : 528 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on the International Law of Indigenous Rights by : Newman, Dwight

Download or read book Research Handbook on the International Law of Indigenous Rights written by Newman, Dwight and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.

Creating Indigenous Property

Author : Angela Cameron
Publisher : University of Toronto Press
ISBN 13 : 148753213X
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Creating Indigenous Property by : Angela Cameron

Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.

Aboriginal Law Handbook

Author : Shin Imai
Publisher : Scarborough, Ont. : Carswell
ISBN 13 : 9780459557775
Total Pages : 329 pages
Book Rating : 4.5/5 (577 download)

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Book Synopsis Aboriginal Law Handbook by : Shin Imai

Download or read book Aboriginal Law Handbook written by Shin Imai and published by Scarborough, Ont. : Carswell. This book was released on 1993 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Routledge Handbook of Polar Law

Author : Yoshifumi Tanaka
Publisher : Taylor & Francis
ISBN 13 : 1000900150
Total Pages : 734 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Routledge Handbook of Polar Law by : Yoshifumi Tanaka

Download or read book The Routledge Handbook of Polar Law written by Yoshifumi Tanaka and published by Taylor & Francis. This book was released on 2023-07-25 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline.

Rethinking Investment Law

Author : David Schneiderman
Publisher : Oxford University Press
ISBN 13 : 0192698788
Total Pages : 273 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Rethinking Investment Law by : David Schneiderman

Download or read book Rethinking Investment Law written by David Schneiderman and published by Oxford University Press. This book was released on 2023-11-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.

The Rights of Indigenous Peoples in Marine Areas

Author : Stephen Allen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928642
Total Pages : 427 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Rights of Indigenous Peoples in Marine Areas by : Stephen Allen

Download or read book The Rights of Indigenous Peoples in Marine Areas written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The question of what rights might be afforded to indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. Sustained initiatives by international institutions have seen national legal regimes and the international legal order accept that they possess an extensive array of legal rights. However, despite this, claims advanced by indigenous peoples relating to rights to marine spaces have been met with marked lack of receptiveness. This book offers the first sustained study of these rights and their reception. Taking a three part approach, it looks firstly at the international aspects of indigenous entitlement in marine spaces. It then goes on to explore specific country examples, before looking at some cross cutting themes of crucial importance to the question. Drawing on the expertise of leading scholars, this is a rigorous and long overdue exploration of a significant lacuna in indigenous peoples' rights"--

Local Communities and the Mining Industry

Author : Nicolas D. Brunet
Publisher : Taylor & Francis
ISBN 13 : 1000872947
Total Pages : 181 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Local Communities and the Mining Industry by : Nicolas D. Brunet

Download or read book Local Communities and the Mining Industry written by Nicolas D. Brunet and published by Taylor & Francis. This book was released on 2023-04-27 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the challenges and opportunities at the intersection of the global mining sector and local communities by focusing on a number of international cases drawn from various locations in Canada, the Philippines, and Scandinavia. Mining’s contribution to economic development varies greatly across countries. In some, it has been a major engine of development, but in others, disputes have erupted over land use, property rights, environmental damage, and revenue sharing. Corporate social responsibility programs are increasingly relied upon to manage company-community relations, yet conflicts persist in many settings, with significant costs for companies and communities. Exploring the many factors and drivers that characterize relationships among different actors within the sector, the volume contributes towards the development of practical wisdom, collective understanding, common sense, and prudence required for the mining sector and community partners to realize the economic potential and social and environmental responsibilities of non-renewable resource development. The book examines case studies from Canada, Scandinavia, and the Philippines, three regions amongst the world's top countries of mining operations. Drawing on their extensive experience in these regions, the contributors explore distinctive mining sectors in the Global North and South, the variation surrounding different types of extractive industries, and at different scales, and the legal processes in place to protect local communities. Key themes include corporate social responsibility, impact assessment, foreign ownership, Indigenous Peoples, gender, local insurgency, and mining disasters as well as climate change. The book identifies areas of future research and pathways to achieving stronger, respectful, and mutually beneficial relationships at the nexus of global mineral extraction and local communities. This book will be of great interest to students and scholars of the extractive industries, natural resource management, sustainable business and corporate social responsibility, Indigenous studies, and sustainable planning and development.

Indigenous Water Rights in Law and Regulation

Author : Elizabeth Jane Macpherson
Publisher : Cambridge University Press
ISBN 13 : 9781108460934
Total Pages : 311 pages
Book Rating : 4.4/5 (69 download)

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Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson

Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2021-07-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Water Rights in Law and Regulation responds to an unresolved question in legal scholarship: how are (or how might be) indigenous peoples' rights included in contemporary regulatory regimes for water. This book considers that question in the context of two key trajectories of comparative water law and policy. First, the tendency to 'commoditise' the natural environment and use private property rights and market mechanisms in water regulation. Second, the tendency of domestic and international courts and legislatures to devise new legal mechanisms for the management and governance of water resources, in particular 'legal person' models. This book adopts a comparative research method to explore opportunities for accommodating indigenous peoples' rights in contemporary water regulation, with country studies in Australia, Aotearoa New Zealand, Chile and Colombia, providing much needed attention to the role of rights and regulation in determining indigenous access to, and involvement with, water in comparative law.

Fair and Equitable Benefit-sharing in International Law

Author : Elisa Morgera
Publisher : Oxford University Press
ISBN 13 : 0192606735
Total Pages : 305 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Fair and Equitable Benefit-sharing in International Law by : Elisa Morgera

Download or read book Fair and Equitable Benefit-sharing in International Law written by Elisa Morgera and published by Oxford University Press. This book was released on 2024-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.