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Vol 22 No 5 May/June 2017

Book of the Month

Cover of Arlidge, Eady & Smith on Contempt

Arlidge, Eady & Smith on Contempt

Edited by: Patricia Londono, David Eady, A.T.H. Smith, Rt. Hon Lord Eassie
Price: £319.00

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

ISBN13: 9781138280465
Published: October 2016
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £34.99
Hardback edition , ISBN13 9780415747769

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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.

Public International Law
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