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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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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.

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

Series: Routledge Research in Human Rights Law

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£105.00
Human Rights in the Media: Fear and Fetish ISBN 9781138645813
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Routledge
£85.00
Capturing Caste in Law: The Legal Regulation of Caste Discrimination ISBN 9781138807761
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Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
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Comparative Executive Clemency: The Prerogative of Mercy in the Commonwealth ISBN 9780815355366
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The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
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£90.00
Freedom from Religion and Human Rights Law ISBN 9781138632967
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£105.00
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The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
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£110.00
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Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
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£110.00
Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
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£32.99
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Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
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£110.00
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Published December 2014
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£33.32 + £6.66 VAT
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Published December 2014
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Nomadic Peoples and Human Rights ISBN 9780415526968
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Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
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£33.32 + £6.66 VAT
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Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
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£115.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
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The EU as a ‘Global Player’ in Human Rights?
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The EU as a ‘Global Player’ in Human Rights? (eBook)
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ISBN 9781136455292
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
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Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
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Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
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