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Vol 21 No 11 Nov/Dec 2016

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Indigenous Peoples, Title to Territory and Resources: The Transformative Role of Free Prior and Informed Consent


ISBN13: 9780415747769
Published: November 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781138280465



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The right of indigenous peoples to Free Prior and Informed Consent (FPIC) in relation to natural resource extraction in their territories is a principle that is increasingly recognised by intergovernmental organizations, international bodies, conventions and international human rights law as well as in the domestic law of some States. This book offers a comprehensive overview of the status of Free Prior and Informed Consent under international human rights law, considering the main controversies, obstacles and challenges associated with its recognition and implementation.

The book examines the relationship between Free Prior and Informed Consent and territorial, resource and governance rights. The historical basis for FPIC is considered as well as the legitimacy of the dominant doctrines of exclusive State ownership of subsoil resources. The book argues that FPIC constitutes an emerging norm of international law with a tipping point having been reached in terms of the requirement's recognition, both within and beyond the human rights regime. It draws on emerging jurisprudence from around the world, as well as evolving industry standards and policies, to illustrate the growing recognition of the fact that respect for the consent requirement is fundamental to securing indigenous peoples' self-governance and territorial rights.

Subjects:
Public International Law
Contents:
Part 1: The Relationship between Consent, Title to Territory and Rights over Resources
1. The genesis of indigenous consent under international law and its role in legitimizing title to territory
2. Acquisition of title over resources & implications for contemporary consent requirement

Part 2: Free Prior and Informed Consent
3. Free prior and informed consent - a universal self-determination norm & framework for consultation and benefit sharing
4. The evolving consent requirement under human rights law
5. Obligations flowing from free prior and informed consent and challenges for operationalization
6. Conclusion