Community Futures Legal Architecture

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Community Futures, Legal Architecture

Marcia Langton,Judy Longbottom
Community Futures Legal Architecture Book PDF

Author : Marcia Langton,Judy Longbottom
Publisher : Routledge
Page : 322 pages
File Size : 47,5 Mb
Release : 2012-05-31
Category : Business & Economics
ISBN : 9781136337109

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Community Futures, Legal Architecture by Marcia Langton,Judy Longbottom Pdf

How are indigenous and local people faring in their dealings with mining and related industries in the first part of the 21st century? The unifying experience in all the resource-rich states covered in the book is the social and economic disadvantage experienced by indigenous peoples and local communities, paradoxically surrounded by wealth-producing projects. Another critical commonality is the role of law. Where the imposition of statutory regulation is likely to result in conflict with local people, some large modern corporations have shown a preference for alternatives to repressive measures and expensive litigation. Ensuring that local people benefit economically is now a core goal for those companies that seek a social licence to operate to secure these resources. There is almost universal agreement that the best use of the financial and other benefits that flow to indigenous and local people from these projects is investment in the economic participation, education and health of present generations and accumulation of wealth for future generations. There is much hanging on the success of these strategies: it is often asserted that they will result in dramatic improvements in the status of indigenous and local communities. What happens in practice is fascinating, as the contributors to this book explain in case studies and analysis of legal and economic problems and solutions.

The Impact of Climate Change Mitigation on Indigenous and Forest Communities

Maureen F. Tehan,Lee C. Godden,Margaret A. Young,Kirsty A. Gover
The Impact of Climate Change Mitigation on Indigenous and Forest Communities Book PDF

Author : Maureen F. Tehan,Lee C. Godden,Margaret A. Young,Kirsty A. Gover
Publisher : Cambridge University Press
Page : 443 pages
File Size : 41,6 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107074262

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The Impact of Climate Change Mitigation on Indigenous and Forest Communities by Maureen F. Tehan,Lee C. Godden,Margaret A. Young,Kirsty A. Gover Pdf

Legal frameworks to 'reduce emissions from deforestation and forest degradation' (REDD+) are analysed to focus on protections and benefits for indigenous peoples and forest communities.

Sharing the Costs and Benefits of Energy and Resource Activity

Lila Barrera-Hernández,Barry Barton,Lee Godden,Alastair Lucas,Anita Rønne
Sharing the Costs and Benefits of Energy and Resource Activity Book PDF

Author : Lila Barrera-Hernández,Barry Barton,Lee Godden,Alastair Lucas,Anita Rønne
Publisher : Oxford University Press
Page : 512 pages
File Size : 49,9 Mb
Release : 2016-03-31
Category : Law
ISBN : 9780191080999

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Sharing the Costs and Benefits of Energy and Resource Activity by Lila Barrera-Hernández,Barry Barton,Lee Godden,Alastair Lucas,Anita Rønne Pdf

A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.

Corporate Environmental Accountability in International Law

Elisa Morgera
Corporate Environmental Accountability in International Law Book PDF

Author : Elisa Morgera
Publisher : Oxford University Press
Page : 353 pages
File Size : 43,6 Mb
Release : 2020
Category : Law
ISBN : 9780198738046

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Corporate Environmental Accountability in International Law by Elisa Morgera Pdf

"This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.

A Companion to Heritage Studies

William Logan,Máiréad Nic Craith,Ullrich Kockel
A Companion to Heritage Studies Book PDF

Author : William Logan,Máiréad Nic Craith,Ullrich Kockel
Publisher : John Wiley & Sons
Page : 624 pages
File Size : 47,7 Mb
Release : 2015-08-10
Category : Social Science
ISBN : 9781118486610

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A Companion to Heritage Studies by William Logan,Máiréad Nic Craith,Ullrich Kockel Pdf

A Companion to Heritage Studies is a comprehensive, state-of-the-art survey of the interdisciplinary study of cultural heritage. Outlines the key themes of research, including cultural preservation, environmental protection, world heritage and tourism, ethics, and human rights Accessibly organized into a substantial framework-setting essay by the editors followed by three sections on expanding, using and abusing, and recasting heritage Provides a cutting-edge guide to emerging trends in the field that is that is global in scope, cross-cultural in focus and critical in approach Features contributions from an international array of scholars, including some with extensive experience in heritage practice through UNESCO World Heritage Centre, ICOMOS, and national heritage systems

Fair and Equitable Benefit-sharing in International Law

Elisa Morgera
Fair and Equitable Benefit sharing in International Law Book PDF

Author : Elisa Morgera
Publisher : Oxford University Press
Page : 305 pages
File Size : 53,6 Mb
Release : 2024-05-09
Category : Law
ISBN : 9780192606730

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Fair and Equitable Benefit-sharing in International Law by Elisa Morgera Pdf

Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Energy law in South Africa

Willemien du Plessis
Energy law in South Africa Book PDF

Author : Willemien du Plessis
Publisher : Kluwer Law International B.V.
Page : 214 pages
File Size : 42,6 Mb
Release : 2020-04-20
Category : Law
ISBN : 9789403521510

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Energy law in South Africa by Willemien du Plessis Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in South Africa. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting South Africa. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.

Resource Curse or Cure ?

Martin Brueckner,Angela Durey,Robyn Mayes,Christof Pforr
Resource Curse or Cure Book PDF

Author : Martin Brueckner,Angela Durey,Robyn Mayes,Christof Pforr
Publisher : Springer Science & Business Media
Page : 309 pages
File Size : 44,7 Mb
Release : 2014-04-02
Category : Science
ISBN : 9783642538735

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Resource Curse or Cure ? by Martin Brueckner,Angela Durey,Robyn Mayes,Christof Pforr Pdf

Globalisation and rapid social and environmental change in recent decades have brought into sharper focus not only the benefits but also the costs of economic development. The once assumed link between economic development and societal well-being is being increasingly questioned in the face of growing social and environmental problems and unfulfilled expectations concerning political and commercial decision-makers. The orthodox development dogma is being tested in particular in resource-based economies such as Western Australia, where globalisation pressures and the concomitant rise in the demand for natural resources highlight the difficulties of effectively balancing broader societal interests with those of industry and the state. This book provides a critical review of the socio-political, environmental and cultural state of play in Western Australia, offering an analysis of how resource-based developments are shaping the state and its people.

Indigeneity: A Politics of Potential

O'Sullivan, Dominic
Indigeneity A Politics of Potential Book PDF

Author : O'Sullivan, Dominic
Publisher : Policy Press
Page : 216 pages
File Size : 55,7 Mb
Release : 2017-06-07
Category : Political Science
ISBN : 9781447339441

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Indigeneity: A Politics of Potential by O'Sullivan, Dominic Pdf

This original book is the first comprehensive integration of political theory to explain indigenous politics. It assesses the ways in which indigenous and liberal political theories interact to consider the practical policy implications of the indigenous right to self-determination. Providing opportunities for indigenous peoples to pursue culturally framed understandings of liberal democratic citizenship, the author reveals indigeneity’s concern for political relationships, agendas and ideas beyond the ethnic minority claim to liberal recognition. The implications for national reconciliation, liberal democracy, citizenship and historical constraints on political authority are explored. He also shows that indigeneity’s local geo-political focus, underpinned by global theoretical developments in law and politics, makes indigeneity a movement of forward looking transformational politics. This innovative, theoretically sophisticated and vibrant work will influence policy and scholarly debates on the politics of indigeneity and indigenous rights and will be of broad international interest to a transcultural, transnational and global phenomenon.

Indigenous Languages and the Promise of Archives

Adrianna Link,Abigail Shelton,Patrick Spero
Indigenous Languages and the Promise of Archives Book PDF

Author : Adrianna Link,Abigail Shelton,Patrick Spero
Publisher : U of Nebraska Press
Page : 534 pages
File Size : 50,5 Mb
Release : 2021-05
Category : Language Arts & Disciplines
ISBN : 9781496225207

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Indigenous Languages and the Promise of Archives by Adrianna Link,Abigail Shelton,Patrick Spero Pdf

Indigenous Languages and the Promise of Archives captures the energy and optimism that many feel about the future of community-based scholarship, which involves the collaboration of archives, scholars, and Native American communities. The American Philosophical Society is exploring new applications of materials in its library to partner on collaborative projects that assist the cultural and linguistic revitalization movements within Native communities. A paradigm shift is driving researchers to reckon with questionable practices used by scholars and libraries in the past to pursue documents relating to Native Americans, practices that are often embedded in the content of the collections themselves. The Center for Native American and Indigenous Research at the American Philosophical Society brought together this volume of historical and contemporary case studies highlighting the importance of archival materials for the revitalization of Indigenous languages. Essays written by archivists, historians, anthropologists, knowledge-keepers, and museum professionals, cover topics critical to language revitalization work; they tackle long-standing debates about ownership, access, and control of Indigenous materials stored in repositories; and they suggest strategies for how to decolonize collections in the service of community-based priorities. Together these essays reveal the power of collaboration for breathing new life into historical documents.

Extractive Industry and the Sustainability of Canada's Arctic Communities

Chris Southcott,Frances Abele,Dave Natcher,Brenda Parlee
Extractive Industry and the Sustainability of Canada s Arctic Communities Book PDF

Author : Chris Southcott,Frances Abele,Dave Natcher,Brenda Parlee
Publisher : McGill-Queen's Press - MQUP
Page : 383 pages
File Size : 49,6 Mb
Release : 2022-09-15
Category : Science
ISBN : 9780228013471

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Extractive Industry and the Sustainability of Canada's Arctic Communities by Chris Southcott,Frances Abele,Dave Natcher,Brenda Parlee Pdf

Modern treaties, increased self-government, new environmental assessment rules, co-management bodies, and increased recognition and respect of Indigenous rights make it possible for northern communities to exert some control over extractive industries. Whether these industries can increase the well-being and sustainability of Canada’s Arctic communities, however, is still open to question. Extractive Industry and the Sustainability of Canada’s Arctic Communities delves into the final research findings of the Resources and Sustainable Development in the Arctic project which attempted to determine what was required for extractive industry to benefit northern communities. Drawing on case studies, this book explores how northern communities can capture and distribute a fairer share of financial benefits, how they can use extractive activities for business development, the problems and possibilities of employment and training opportunities, and the impacts on gender relations. It also considers fly-in fly-out work patterns, subsistence activities, housing, post-mine clean-up activities, waste management, and ways of monitoring positive and negative impacts. While extractive industries could potentially help improve the sustainability of Canada’s Arctic, many issues stand in the way, most notably power imbalances that limit the ability of Indigenous Peoples to equitably participate in their governance. Extractive Industry and the Sustainability of Canada’s Arctic Communities emphasizes the general need to determine how new institutions and processes, which are largely imported from the south, can be adapted to allow for a more authentic participation from the Indigenous Peoples of Canada’s Arctic.

Mining and Communities

Rita Armstrong,Caroline Baillie,Wendy Cumming-Potvin
Mining and Communities Book PDF

Author : Rita Armstrong,Caroline Baillie,Wendy Cumming-Potvin
Publisher : Springer Nature
Page : 126 pages
File Size : 43,6 Mb
Release : 2022-05-31
Category : Technology & Engineering
ISBN : 9783031021145

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Mining and Communities by Rita Armstrong,Caroline Baillie,Wendy Cumming-Potvin Pdf

Mining has been entangled with the development of communities in all continents since the beginning of large-scale resource extraction. It has brought great wealth and prosperity, as well as great misery and environmental destruction. Today, there is a greater awareness of the urgent need for engineers to meet the challenge of extracting declining mineral resources more efficiently, with positive and equitable social impact and minimal environmental impact. Many engineering disciplines—from software to civil engineering—play a role in the life of a mine, from its inception and planning to its operation and final closure. The companies that employ these engineers are expected to uphold human rights, address community needs, and be socially responsible. While many believe it is possible for mines to make a profit and achieve these goals simultaneously, others believe that these are contradictory aims. This book narrates the social experience of mining in two very different settings—Papua New Guinea and Western Australia—to illustrate how political, economic, and cultural contexts can complicate the simple idea of "community engagement." Table of Contents: Preface / Mining in History / The Ok Tedi Mine in Papua New Guinea / Mining and Society in Western Australia / Acting on Knowledge / References / Author Biographies

Handbook of Indigenous Peoples' Rights

Damien Short,Corinne Lennox
Handbook of Indigenous Peoples Rights Book PDF

Author : Damien Short,Corinne Lennox
Publisher : Routledge
Page : 486 pages
File Size : 55,7 Mb
Release : 2016-02-05
Category : Law
ISBN : 9781136313868

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Handbook of Indigenous Peoples' Rights by Damien Short,Corinne Lennox Pdf

This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

The Rights of Indigenous Peoples in Marine Areas

Stephen Allen,Nigel Bankes,Øyvind Ravna
The Rights of Indigenous Peoples in Marine Areas Book PDF

Author : Stephen Allen,Nigel Bankes,Øyvind Ravna
Publisher : Bloomsbury Publishing
Page : 565 pages
File Size : 47,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509928651

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The Rights of Indigenous Peoples in Marine Areas by Stephen Allen,Nigel Bankes,Øyvind Ravna Pdf

The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Rural Change in Australia

John Connell
Rural Change in Australia Book PDF

Author : John Connell
Publisher : Routledge
Page : 296 pages
File Size : 47,8 Mb
Release : 2016-04-08
Category : Social Science
ISBN : 9781317060888

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Rural Change in Australia by John Connell Pdf

New twenty-first century economic, social and environmental changes have challenged and reshaped rural Australia. They range from ageing populations, youth out-migration, immigration policies (that seek to place skilled migrants in rural Australia), tree changers, agricultural restructuring and new relationships with indigenous populations. Challenges also exist around the 'patchwork economy' and the wealth that the mining boom offers some areas, while threatening regional economic decline in others. Rural Australia is increasingly not simply a place of production of agriculture and minerals but an idea that individuals seek and are encouraged to consume. The socio-economic implications of drought, water rights and changing farming practices, have prefaced new social, cultural and economic reforms. This book provides a contemporary perspective on rapidly evolving population, economic and environmental changes in 'rural and regional Australia', itself a significant concept. Bringing together a range of empirical studies, the book builds on established rural studies themes such as population change, economic restructuring and globalisation in agriculture but links such changes to environmental change, culture, class, gender, and ethnic diversity. Presenting original and in-depth interventions on these issues and their intersections, this book assembles the best of contemporary research on rural Australia.