Download or read book Free Prior and Informed Consent Engagement and Consultation written by and published by . This book was released on 2015 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Implementation of Free Prior and Informed Consent and Indigenous Peoples Rights under the OECD Guidelines for Multinational Enterprises written by Fanny Pulver and published by buch & netz. This book was released on 2022-08-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples’ rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the ‘case law’ of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples’ rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the ‘jurisprudence’ of the NCPs, and makes suggestions for possible improvements.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Implementation of Free Prior and Informed Consent and Indigenous Peoples Rights under the OECD Guidelines for Multinational Enterprises written by Fanny Pulver and published by buch & netz. This book was released on 2022-08-11 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples’ rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the ‘case law’ of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples’ rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the ‘jurisprudence’ of the NCPs, and makes suggestions for possible improvements.
Download or read book The Reconciliation Manifesto written by Arthur Manuel and published by James Lorimer & Company. This book was released on 2017-10-06 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading Indigenous rights activist Arthur Manuel offers a radical challenge to Canada and Canadians. He questions virtually everything non-Indigenous Canadians believe about their relationship with Indigenous peoples. The Reconciliation Manifesto documents how governments are attempting to reconcile with Indigenous peoples without touching the basic colonial structures that dominate and distort the relationship. Manuel reviews the current state of land claims, tackles the persistence of racism among non-Indigenous people and institutions, decries the role of government-funded organizations like the Assembly of First Nations, and highlights the federal government's disregard for the substance of the United Nations Declaration on the Rights of Indigenous Peoples while claiming to implement it. Together, these circumstances amount to a false reconciliation between Indigenous people and Canada. Manuel sets out the steps that are needed to place this relationship on a healthy and honourable setting. As he explains, recovering the land and rebuilding the economy are key. Completed just months before Manuel's death in January 2017, this book offers an illuminating vision of what is needed for true reconciliation. Expressed with quiet but firm resolve, humour, and piercing intellect, The Reconciliation Manifesto is for both Indigenous and non-Indigenous people who are willing to look at the real problems and find real solutions.
Download or read book Free Prior and Informed Consent written by Tehtena Mebratu-Tsegaye and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous and tribal peoples' right to free, prior and informed consent has transformative potential: potential to safeguard a variety of rights specific to indigenous and tribal peoples and potential to transform the power relations between peoples, governments, and extractives companies. Yet, this potential is far from being realized in the countries studied for this report. This gap between intention and reality is no coincidence.The most powerful entities within governments, when it comes to the fate of these issues, are those with the mandates to attract and develop the extractives sectors. It is these entities that are calling the shots on whether and how the state recognizes FPIC. They, in turn, appear to be driven in part by what they perceive to be the interests and preferences of extractives investors (which in the extreme version can resemble a capture dynamic). Within extractives companies, the most influential actors seem to be those whose interests are not well-aligned with the spirit of FPIC, further stacking the odds against recognition and operationalization of FPIC. Fears of projects being delayed, costs increasing or deals collapsing generate disincentives, which are not adequately counterbalanced by incentives for compliance from legal requirements or perceived benefits. As a result, prior consultation processes are being implemented in place of recognizing FPIC and operationalizing FPIC processes. Even these prior consultation processes are carried out in ways that diminish the potential for meaningful indigenous participation in decision-making, clearly skewed toward advancing the interests of powerful actors in government and the private sector. To the extent to which there are some occasional benefits being realized by those being consulted, these consultations tend to typically reflect male perspectives and lead to gendered outcomes.260 Thus, multiple layers of political realities converge to significantly limit the breadth and depth of efforts to advance FPIC and prior consultation processes.There is growing recognition in the broader development fields focusing on governance that politics matters. This report, and the project in which it is situated, was conceived to shed light on the ways that political realities impact the governance of extractive industries in order to offer practical insights, strategies, and tangible guidance for practitioners focused on addressing implementation gaps, which can be explained in no small part by political realities. This project highlights the importance of politics in the context of FPIC specifically, but some lessons drawn from the research are equally applicable to the field of extractives governance more broadly.
Download or read book Understanding Risks and Uncertainties in Energy and Climate Policy written by Haris Doukas and published by Springer. This book was released on 2018-12-10 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book analyzes and seeks to consolidate the use of robust quantitative tools and qualitative methods for the design and assessment of energy and climate policies. In particular, it examines energy and climate policy performance and associated risks, as well as public acceptance and portfolio analysis in climate policy, and presents methods for evaluating the costs and benefits of flexible policy implementation as well as new framings for business and market actors. In turn, it discusses the development of alternative policy pathways and the identification of optimal switching points, drawing on concrete examples to do so. Lastly, it discusses climate change mitigation policies’ implications for the agricultural, food, building, transportation, service and manufacturing sectors.
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.
Download or read book Handbook of Indigenous Peoples Rights written by Damien Short and published by Routledge. This book was released on 2016-02-05 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.
Download or read book Responsible governance of tenure written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2018-10-05 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Technical Guide explains how investors can invest responsibly in agricultural land in line with the Voluntary Guidelines.(Although the Voluntary Guidelines address both forests and fisheries this guide focuses only on investments in agricultural land. ) It is not an attempt to set new standards. Rather, the guide explains what the Voluntary Guidelines mean and how they can help firms to understand and manage risk related to land tenure.
Download or read book OECD Rural Studies Mining Regions and Cities Case of V sterbotten and Norrbotten Sweden written by OECD and published by OECD Publishing. This book was released on 2021-01-27 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sweden’s northern region, Upper Norrland, is one of the most important mining regions in Europe and has the potential to become a global leader in environmentally sustainable mining. This study identifies how Västerbotten and Norrbotten can build on their competitive advantages and address current and future challenges to support a resilient future through sustainable mining.
Download or read book Reforming Water Law and Governance written by Cameron Holley and published by Springer. This book was released on 2018-04-27 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies – especially in the field of water and environmental law. Chapter “Lessons from Australian water reforms: Indigenous and environmental values in market-based water regulation” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Download or read book On the Swamp written by Ryan Emanuel and published by UNC Press Books. This book was released on 2024-03-25 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite centuries of colonialism, Indigenous peoples still occupy parts of their ancestral homelands in what is now Eastern North Carolina—a patchwork quilt of forested swamps, sandy plains, and blackwater streams that spreads across the Coastal Plain between the Fall Line and the Atlantic Ocean. In these backwaters, Lumbees and other American Indians have adapted to a radically transformed world while maintaining vibrant cultures and powerful connections to land and water. Like many Indigenous communities worldwide,they continue to assert their rights to self-determination by resisting legacies of colonialism and the continued transformation of their homelands through pollution, unsustainable development, and climate change. Environmental scientist Ryan E. Emanuel, a member of the Lumbee tribe, shares stories from North Carolina about Indigenous survival and resilience in the face of radical environmental changes. Addressing issues from the loss of wetlands to the arrival of gas pipelines, these stories connect the dots between historic patterns of Indigenous oppression and present-day efforts to promote environmental justice and Indigenous rights on the swamp. Emanuel's scientific insight and deeply personal connections to his home blend together in a book that is both a heartfelt and an analytical call to acknowledge and protect sacred places.
Download or read book Leveraging the Private Sector written by Cary Coglianese and published by Taylor & Francis. This book was released on 2010-09-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leveraging the Private Sector offers the first sustained analysis of public and private sector initiatives designed to encourage firms and industries to use their own management expertise to improve their environmental performance. Cary Coglianese and Jennifer Nash bring together original empirical studies by the nation?s leading experts on recent public and private sector experiments. Do management-based strategies lead to improved environmental outcomes? What kinds of strategies hold the most promise? Leveraging the Private Sector addresses these questions through studies of state pollution prevention planning laws, private sector purchasing requirements, and federal risk management regulations, among others. The contributors show that efforts to leverage private sector experience and knowledge can have a distinctive contribution in the future of environmental protection. Ultimately, a firm's broader management practices shape its environmental performance. Public and private sector strategies that seek to influence these practices directly can help bring about further environmental improvements. This book breaks new ground by investigating a new and promising approach for advancing the economy and the environment.
Download or read book Development Banks and Sustainability in the Andean Amazon written by Rebecca Ray and published by Routledge. This book was released on 2019-10-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores what development banks, governments, and communities have learned in the last decade of careful negotiation between social and environmental protections in the Andean Amazon, and the pressures of a surging infrastructure and development boom. While mega-dams, highways, and ports are filling up the pipelines of planners, the national governments of Andean and Amazon-basin countries and major development banks have enacted ambitious social and environmental protections. The book traces the development of social and environmental protections after years of struggle by affected communities, going beyond official policies to discover how these reforms work in practice, and ultimately whether they are enough to stem the risks of infrastructure mega-projects. As Chinese public banks play an increasingly important role in the region, the book also demonstrates that there is a risk of governments undercutting their own standards. By contrast, this book shows that making infrastructure work for everyone involved requires mutually reinforcing networks of support and accountability among communities, governments, and development banks. This book, led by an expert multi-disciplinary, international team, will be of considerable interest to researchers in the fields of development and development economics, geography, anthropology, and ecology, as well as practitioners in development banks and in government regulatory and foreign aid agencies.
Download or read book OECD Development Policy Tools Guiding Principles for Durable Extractive Contracts written by OECD and published by OECD Publishing. This book was released on 2020-12-09 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guiding Principles for Durable Extractive Contracts (the Guiding Principles) provide guidance on how resource projects can be developed to reflect the balance of risks and rewards that underpins durable contracts, while taking into account community interests and concerns since the very beginning.
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 367 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.
