Download or read book Aboriginal Consultation Environmental Assessment and Regulatory Review in Canada written by Kirk N. Lambrecht and published by University of Regina Press. This book was released on 2013 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court of Canada decisions have defined a general framework for the "duty to consult" Aboriginal peoples and accommodate their concerns over natural resource development, but anticipate the details of that framework will be expanded upon in the future. Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada offers a paradigm that advances that discussion. It proposes an integrated and robust planning model for natural resource extraction allowing Aboriginal peoples, industry, governments, tribunals, and the Courts to all make contributions to reconciliation in the context of sustainable development and environmental protection. Kirk Lambrecht surveys the law of actual and asserted Aboriginal rights and historical and modern Treaty rights in Canada and discusses the national and international purposes of environmental assessment and regulatory review. He appraises the fundamental principles of Supreme Court of Canada jurisprudence defining aboriginal consultation and accommodation as a constitutional imperative and uses case studies involving the National Energy Board to demonstrate how integrated process has evolved over time. Finally he offers general conclusions on the practical utility, and outstanding challenges, involving an integrated planning paradigm.

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.

Download or read book Companion to Environmental Studies written by Noel Castree and published by Routledge. This book was released on 2018-05-01 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companion to Environmental Studies presents a comprehensive and interdisciplinary overview of the key issues, debates, concepts, approaches and questions that together define environmental studies today. The intellectually wide-ranging volume covers approaches in environmental science all the way through to humanistic and post-natural perspectives on the biophysical world. Though many academic disciplines have incorporated studying the environment as part of their curriculum, only in recent years has it become central to the social sciences and humanities rather than mainly the geosciences. ‘The environment’ is now a keyword in everything from fisheries science to international relations to philosophical ethics to cultural studies. The Companion brings these subject areas, and their distinctive perspectives and contributions, together in one accessible volume. Over 150 short chapters written by leading international experts provide concise, authoritative and easy-to-use summaries of all the major and emerging topics dominating the field, while the seven part introductions situate and provide context for section entries. A gateway to deeper understanding is provided via further reading and links to online resources. Companion to Environmental Studies offers an essential one-stop reference to university students, academics, policy makers and others keenly interested in ‘the environmental question’, the answer to which will define the coming century.

Download or read book Aboriginal Law Fourth Edition written by Thomas Isaac and published by UBC Press. This book was released on 2012-08-15 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.

Download or read book The Inherent Rights of Indigenous Peoples in International Law written by Antonietta Di Blase and published by Roma TrE-Press. This book was released on 2020-02-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0

Download or read book Handbook on Human Rights Impact Assessment written by Nora Götzmann and published by Edward Elgar Publishing. This book was released on with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights impact assessment (HRIA) has increasingly gained traction among state, business and civil society actors since the endorsement of the United Nations Guiding Principles on Business and Human Rights by the Human Rights Council in 2011. This timely and insightful Handbook addresses HRIA in the context of business and human rights.

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 Prior Consultation of Indigenous Peoples in Latin America written by Claire Wright and published by Routledge. This book was released on 2019-08-16 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).

Download or read book The Political Economy of the Resource Curse written by Andrew Rosser and published by . This book was released on 2006 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents a critical survey of the literature on the "resource curse", focusing on three main questions: (i) are natural resources bad for development?; (ii) what causes the resource curse?; and, (iii) how can the resource curse be overcome? In respect of these questions, three observations are made. First, while the literature provides considerable evidence that natural resource abundance is associated with various negative development outcomes, this evidence is by no means conclusive. Second, existing explanations for the resource curse do not adequately account for the role of social forces or external political and economic environments in shaping development outcomes in resource abundant countries, nor for the fact that, while most resource abundant countries have performed poorly in developmental terms, a few have done quite well. Finally, recommendations for overcoming the resource curse have not generally taken into account the issue of political feasibility.

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 The Campbell Revolution written by J. R. Lacharite and published by McGill-Queen's Press - MQUP. This book was released on 2017-11-07 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are we to assess Gordon Campbell’s decade-long premiership of British Columbia? While to many he was an ideologue set on revolutionizing provincial politics, he was a far more complex figure – polarizing and unpopular, but also a shrewd party manager and successful political operator. Beginning with a detailed account of Gordon Campbell’s pre–Liberal Party political activities, The Campbell Revolution? then takes a broad look at the policy options open to him in the context of the neoliberal revolution that swept across Canada and elsewhere in the 1980s and 1990s. Contributors discuss the Campbell administration's reforms in social, environmental, and economic policies, focusing on tax system reform, the arts and culture sector, healthcare, and urban development in the context of the 2010 Winter Olympics. More than just a narrative of the career of an enigmatic public official, this book looks at specific public policy examples and asks whether Campbell led a revolution or simply rode a wave of change that had begun years before he came to power. A comprehensive examination of Gordon Campbell’s leadership and governance style and the ideological underpinnings of BC’s Liberal Party, The Campbell Revolution? examines how the Campbell administration attempted to transform politics in British Columbia in the twenty-first century.

Download or read book The Canadian Environment in Political Context written by Andrea Olive and published by University of Toronto Press. This book was released on 2015-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian Environment in Political Context is an introduction to environmental politics designed to explain and explore how environmental policy is made inside the Canadian political arena. The book begins with a brief synopsis of environmental quality across Canada before moving on to examine political institutions and policymaking, the history of environmentalism in Canada, and crucial issues including wildlife policy, pollution, climate change, Aboriginals and the environment, and Canada's North. The book ends with a discussion of the environmental challenges and opportunities that Canada faces in the twenty-first century. Accessible and comprehensive, The Canadian Environment in Political Context is the ideal text for environmental politics and policy courses.

Download or read book Indigenous Environmental Justice written by Karen Jarratt-Snider and published by University of Arizona Press. This book was released on 2020-05-05 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume clearly distinguishes Indigenous environmental justice (IEJ) from the broader idea of environmental justice (EJ) while offering detailed examples from recent history of environmental injustices that have occurred in Indian Country. With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying land held in a place of exceptional reverence for Indigenous peoples. With focused essays on important topics such as the uranium mining on Navajo and Hopi lands, the Dakota Access Pipeline dispute on the Standing Rock Indian Reservation, environmental cleanup efforts in Alaska, and many other pertinent examples, this volume offers a timely view of the environmental devastation that occurs in Indian Country. It also serves to emphasize the importance of self-determination and sovereignty in victories of Indigenous environmental justice. The book explores the ongoing effects of colonization and emphasizes Native American tribes as governments rather than ethnic minorities. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed and state indifference.

Download or read book The Absent Presence of the State in Large Scale Resource Extraction Projects written by Nicholas A. Bainton and published by ANU Press. This book was released on 2021-08-03 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standing on the broken ground of resource extraction settings, the state is sometimes like a chimera: its appearance and intentions are misleading and, for some actors, it is unknowable and incomprehensible. It may be easily mistaken for someone or something else, like a mining company, for example. With rich ethnographic material, this volume tackles critical questions about the nature of contemporary states, studied from the perspective of resource extraction projects in Papua New Guinea, Australia and beyond. It brings together a sustained focus on the unstable and often dialectical relationship between the presence and the absence of the state in the context of resource extraction. Across the chapters, contributors discuss cases of proposed mining ventures, existing large-scale mining operations and the extraction of natural gas. Together, they illustrate how the concept of absent presence can be brought to life and how it can enhance our understanding of the state as well as relations and processes forming in extractive contexts, thus providing a novel contribution to the anthropology of the state and the anthropology of extraction. ‘The Absent Presence fills a major gap in our knowledge about the relationship between states and companies – at a time when resource extraction seems to be more contested than ever. Bainton and Skrzypek have curated an incredibly impressive volume that should be read by all those interested in exploring corporate and state power, and the ever-present impacts of extraction. A highly recommended read.’ — Professor Deanna Kemp, Director of the Centre for Social Responsibility in Mining, The University of Queensland ‘Countless books have been written on the sovereign state and how it imposes a particular kind of order on economic and social interactions. What is original and compelling about this collection is the portrait of how two very different states converge when it comes to “extractive ventures”. From the presumption of exclusive sovereignty over mineral resources, to the bargains that are struck with major (often global) corporations, and the relative indifference to environmental impacts, there is a remarkable consistency in the patterns that are referred to as “state effects”. These effects are brought from the background to the foreground in this book through the blending of creative and critical thinking with detailed empirical research.’ — Tim Dunne, Pro-Vice-Chancellor and Professor of International Relations, The University of Queensland ‘This brilliant and intriguing title provides a timely contribution to understanding the actual functions and strategies of state (and state-like) institutions in resource arenas. The dialectics of presence-absence and its refractions at different levels and scales of government allow the authors to go beyond stereotypes about the (strong, weak, failed or corrupt) state, highlighting more commonalities than expected between Papua New Guinea and Australia, and even New Caledonia.’ — Dr Pierre-Yves Le Meur, Anthropologist, Senior Researcher, French National Research Institute for Sustainable Development, Joint Research Unit SENS (Knowledge Environment Society)

Download or read book Social Assessment in Natural Resource Management Institutions written by Nick Taylor and published by CSIRO PUBLISHING. This book was released on 2001 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first significant international attempt to outline and analyze how social assessment has been integrated within natural resource management institutions to date. In doing so, it focuses on contemporary Australian and New Zealand experiences, and relates these back to the international context. Social Assessment in Natural Resource Management Institutionsprovides practical guidance for a wide range of planners, managers and stakeholders striving for better integration of social issues. The lessons derived are equally relevant to national, provincial, regional and local governance structures, international agencies, corporations, and community-based non-government organizations.

Download or read book Sustainability Assessment written by Robert Gibson and published by Routledge. This book was released on 2016-08-12 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current and expanding human activities are moving us towards ever deeper unsustainability. While there is no single, simple means of reversing the invidious biophysical trends and redirecting the distribution of benefits, one necessary step is to approach every new and renewed undertaking as an opportunity to deliver maximum multiple, mutually reinforcing, fairly distributed and lasting gains. Finding the best options for enhancing such gains by comparing alternatives, addressing all the key requirements for progress towards sustainability and avoiding significant adverse effects, is the essential purpose of sustainability assessment. This book addresses the theory and practice of sustainability assessment applications, drawing from experiences globally in a variety of sectors and presenting lessons learned. Diverse international case studies from professionals and academics demonstrate progress so far in exploring openings, testing approaches to application and establishing best practice. The book illustrates means of specifying generic sustainability criteria for the context of particular applications, reports on the resulting insights, and examines the barriers and opportunities for further advances. This book is an important resource for students, academics and professionals in the areas of Governance, Environmental Assessment, Planning and Policy Making, Corporate Social Responsibility and Applied Sustainability.

Download or read book Once Upon an Oldman written by Jack Glenn and published by UBC Press. This book was released on 2011-11-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once Upon an Oldman is an account of the controversy that surrounded the Alberta government's construction of a dam on the Oldman River to provide water for irrigation in the southern part of the province. Jack Glenn argues that, despite claims to the contrary, the governments of Canada and Alberta are not dedicated to protecting the environment and will even circumvent the law in order to avoid accepting responsibility for safeguarding the environment and the interests of Native people.