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Vol 24 No 9 Sept/Oct 2019

Book of the Month

Cover of The Anti-Suit Injunction

The Anti-Suit Injunction

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Transnational Development Projects, Private Mechanisms and the Rule of Law: Implementing and Alienating Indigenous Peoples' Land Rights


ISBN13: 9781108484657
To be Published: March 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



Unrelenting demands for energy, infrastructure and natural resources, the need for developing states to augment income and signal an 'enterprise-ready' attitude, mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of indigenous peoples' rights to land?

This original perspective on transnational development projects, explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.

Subjects:
Human Rights and Civil Liberties, Public International Law
Contents:
1. Development Projects, Indigenous Peoples' Land Rights and Rights Implementation
2. Characteristics of Indigenous Peoples and Development Projects
3. In the Shadows of the Operational Development Project: Coping Strategies, Lacunas and Fragmentation in the Formal Legal Framework
4. Bridging the Gap through the Elephant in the Room? Private Mechanisms and Behaviours for Implementing Indigenous Peoples' Rights
5. Discretion, Delegation, Fragmentation and Opacity: Impacts of Financing Mechanisms in Mongolia and Panama
6. Pricing for Poverty: Project Finance, Power Purchase Agreements and Structural Inequities in Uganda
7. Negotiating Land Outcomes : A Comparative Look at Concessionaires, Indigenous Peoples and Power
8. Moving Forward