Image from Google Jackets

Indigenous peoples, title to territory, rights and resources : the transformative role of free prior and informed consent / Cathal M. Doyle.

By: Material type: TextTextPublisher: Milton Park, Abingdon, Oxon ; New York. NY : Routledge, 2017. c2015Description: xv, 350 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9781138280465 (pbk)
Subject(s): LOC classification:
  • K738 D69 2017
Incomplete contents:
Introduction -- Part I. The role of indigenous peoples' consent in legitimising title to territory -- The genesis of indigenous consent under international law and its role in legitimishing title to territory -- Nineteenth-century positivists and divergence between the role of consent in theory and practice -- Part II. The requirement for free prior and informed consent in the normative framework of indigenous peoples' rights -- The evolving consent requirement under the ILO system -- The self-determination-based normative framework of indigenous rights -- FPIC and the normative framework of indigenous peoples' rights -- Debates in relation to the consent requirement -- Part III. Implementation of free prior and informed consent : challenges and opportunities -- The evolving practice of States and international organisations -- FPIC and the corporate obligation to respect indigenous peoples' rights -- Operationalisation of consent, challenges, limitations and opportunities -- Conclusion.
Summary: "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 requirements 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"--Summary: "The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era"--
List(s) this item appears in: Newly Acquired Library Materials 2019 - For Regional Offices
Holdings
Item type Current library Collection Call number Status Notes Date due Barcode
Books Books CHR CARAGA Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk CRG-000003
Books Books CHR Cordillera Administrative Region Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk CAR-000003
Books Books CHR National Capital Region Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk NCR-000003
Books Books CHR Region I Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R01-000003
Books Books CHR Region II Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R02-000003
Books Books CHR Region III Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R03-000003
Books Books CHR Region IVA Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R4A-000003
Books Books CHR Region IVB Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R4B-000003
Books Books CHR Region IX Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R09-000003
Books Books CHR Region V Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R05-000003
Books Books CHR Region VI Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R06-000003
Books Books CHR Region VII Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R07-000003
Books Books CHR Region VIII Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R08-000003
Books Books CHR Region X Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R10-000003
Books Books CHR Region XI Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R11-000003
Books Books CHR Region XII Regional Office - Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk R12-000003
Books Books Commission on Human Rights Library Human Rights Newly Processed K738 D69 2017 (Browse shelf(Opens below)) Available pbk CHRPL003985

Includes bibliographical references (pages 303-338) and index.

Introduction -- Part I. The role of indigenous peoples' consent in legitimising title to territory -- The genesis of indigenous consent under international law and its role in legitimishing title to territory -- Nineteenth-century positivists and divergence between the role of consent in theory and practice -- Part II. The requirement for free prior and informed consent in the normative framework of indigenous peoples' rights -- The evolving consent requirement under the ILO system -- The self-determination-based normative framework of indigenous rights -- FPIC and the normative framework of indigenous peoples' rights -- Debates in relation to the consent requirement -- Part III. Implementation of free prior and informed consent : challenges and opportunities -- The evolving practice of States and international organisations -- FPIC and the corporate obligation to respect indigenous peoples' rights -- Operationalisation of consent, challenges, limitations and opportunities -- Conclusion.

"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 requirements 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"--

"The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era"--

There are no comments on this title.

to post a comment.