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

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

Author: Cathal M. Doyle
Publisher: Routledge
ISBN: 9781138280465

Published In: October 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780415747769

List Price: HKD 636.87

HKD 617.76 Save HKD 19.11 (3%)

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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.

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

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