Indigenous Industry Agreements Natural Resources And The Law

Author : Ibironke T. Odumosu-Ayanu,Dwight Newman
Publisher : Routledge
Page : 339 pages
File Size : 48,7 Mb
Release : 2020-12-27
Category : Law
ISBN : 9780429012853

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Indigenous-Industry Agreements, Natural Resources and the Law by Ibironke T. Odumosu-Ayanu,Dwight Newman Pdf

This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.

Author : Andrea Mensi
Publisher : BRILL
Page : 347 pages
File Size : 49,8 Mb
Release : 2022-12-19
Category : Law
ISBN : 9789004523999

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Indigenous Peoples, Natural Resources and Permanent Sovereignty by Andrea Mensi Pdf

This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.

Author : Monica Tennberg,Else Grete Broderstad,Hans-Kristian Hernes
Publisher : Routledge
Page : 223 pages
File Size : 41,9 Mb
Release : 2021-12-23
Category : Science
ISBN : 9781000506976

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Indigenous Peoples, Natural Resources and Governance by Monica Tennberg,Else Grete Broderstad,Hans-Kristian Hernes Pdf

This book offers multidisciplinary perspectives on the changing relationships between states, indigenous peoples and industries in the Arctic and beyond. It offers insights from Nordic countries, Canada, Australia, New Zealand and Russia to present different systems of resource governance and practices of managing industry-indigenous peoples’ relations in the mining industry, renewable resource development and aquaculture. Chapters cover growing international interest on Arctic natural resources, globalization of extractive industries and increasing land use conflicts. It considers issues such as equity, use of knowledge, development of company practices, conflict-solving measures and the role of indigenous institutions. Focus on Indigenous peoples and Governance triangle Multidisciplinary: political science, legal studies, sociology, administrative studies, Indigenous studies Global approach: Nordic countries, Canada, Russia, Australia, New Zealand and Canada Thorough case studies, rich material and analysis The book will be of great interest to legal scholars, political scientists, experts in administrative sciences, authorities at different levels (local, regional and nations), experts in human rights and natural resources governance, experts in corporate social governance.

Author : Cathal M. Doyle
Publisher : Routledge
Page : 417 pages
File Size : 54,9 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781317703174

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Indigenous Peoples, Title to Territory, Rights and Resources by Cathal M. Doyle Pdf

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. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Author : Claudia Notzke
Publisher : Captus Press
Page : 360 pages
File Size : 54,7 Mb
Release : 1994
Category : Nature
ISBN : 1895712033

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Aboriginal Peoples and Natural Resources in Canada by Claudia Notzke Pdf

"The most current and comprehensive book of its kind, Aboriginal Peoples and Natural Resources in Canada explores the opportunities and constraints that aboriginal people encounter in their efforts to use water resources, fisheries, forestry resources, wildlife, land and non-renewable resources, and to gain management power over these resources. This examination begins with a historical perspective, and takes into account cultural, political, legal and geographical factors. From the contemporary research of the author, the reader is informed of the most current developments and provided with a well-reasoned outlook for the future." "This book is an essential resource for aboriginal people engaged in the use and management of natural resources, and for those who seek professional training in the field. Anyone wanting to know more about the social and environmental issues pertaining to more responsible and equitable environmental and ecological management will find a wealth of information in this volume."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Author : DWIGHT. NEWMAN
Publisher : Unknown
Page : 128 pages
File Size : 43,6 Mb
Release : 2018-02
Category : Electronic
ISBN : 0433497173

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Business Implications of Aboriginal Law by DWIGHT. NEWMAN Pdf

Author : Robert Brent Anderson,Robert M. Bone
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2017-01
Category : Electronic
ISBN : 1553223519

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Indigenous Peoples and Resource Development in Canada by Robert Brent Anderson,Robert M. Bone Pdf

Author : Shin Imai,Katharine Logan,Gary Stein
Publisher : Scarborough, Ont. : Carswell
Page : 329 pages
File Size : 52,5 Mb
Release : 1993
Category : Autochtones - Canada - Droit - Ouvrages de vulgarisation
ISBN : 0459557777

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Aboriginal Law Handbook by Shin Imai,Katharine Logan,Gary Stein Pdf

Author : Svein Jentoft,Henry Minde,Ragnar Nilsen
Publisher : Eburon Uitgeverij B.V.
Page : 328 pages
File Size : 44,5 Mb
Release : 2003
Category : Social Science
ISBN : 9789051669787

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Indigenous Peoples by Svein Jentoft,Henry Minde,Ragnar Nilsen Pdf

"Since the Rio Earth Summit in 1992, a legal process within the auspices of the UN has been underway that may help indigenous peoples to sustain their natural environment, industries, and cultures. This book addresses some of the legal, political and institutional implications of those processes." - Back cover.

Author : Dwight Newman
Publisher : Unknown
Page : 191 pages
File Size : 55,5 Mb
Release : 2013
Category : Constitutional law
ISBN : 0433472383

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Natural Resource Jurisdiction in Canada by Dwight Newman Pdf

"The issues surrounding jurisdiction over Canadian natural resources are becoming increasingly wide-ranging - as well as increasingly complex - making this book an especially timely publication. Authored by constitutional and Aboriginal law expert, Dwight Newman, Natural Resource Jurisdiction in Canada explores this evolving area of jurisprudence from a variety of perspectives, including constitutional, Aboriginal, commercial and environmental."--pub. desc.

Author : Dwight G. Newman
Publisher : UBC Press
Page : 128 pages
File Size : 43,8 Mb
Release : 2009-10-25
Category : Law
ISBN : 9781895830491

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The Duty to Consult by Dwight G. Newman Pdf

"[W]hen precisely does a duty to consult arise? The foundation of the duty in the Crown's honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it." Chief Justice Beverley McLachlin, Supreme Court of Canada, Haida Nation v. British Columbia, 2004. Canada's Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. The nature of the duty is to be defined by negotiation, best practices, and future court decisions. According to Professor Newman, good consultations are about developing relationships and finding ways of living together in the encounter that history has thrust upon us. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a "good" consultation; can consultation be carried out by quasi-judicial agencies and third parties; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Professor Newman also examines the evolving duty to consult in international law, similar developments in Australia, and the philosophical underpinnings of the duty.

Author : Ken Coates
Publisher : McGill-Queen's Press - MQUP
Page : 432 pages
File Size : 47,7 Mb
Release : 2000-11-09
Category : Law
ISBN : 9780773568778

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Marshall Decision and Native Rights by Ken Coates Pdf

In The Marshall Decision and Native Rights Ken Coates explains the cross-cultural, legal, and political implications of the recent Supreme Court decision on the Donald Marshall case. He describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, detailing the bungling by federal departments and the lack of police preparedness. He shows how political, business, and Mi'kmaq leaders in the Maritimes handled the volatile situation, urging non-violence and speaking out against racism, in contrast to the way federal and regional leaders have responded in other parts of the country. Legal victories such as Marshall, argues Coates, are a double-edged sword that provide greater legal clarity but expand the gap between indigenous and non-indigenous peoples in Canada. Coates recounts the history of Mi'kmaq-white contact in the region and considers the impact of native rights on natural resources, showing that the costs will be borne mainly by rural Canadians. By placing the local and regional reaction to the Marshall decision in the broader historical, national, and international context of indigenous political and legal rights The Marshall Decision and Native Rights shows how little Canada has learned from three decades of First Nations legal conflicts and how far the country is from meaningful reconciliation.

Author : René Kuppe,Richard Potz,Franz von Benda-Beckmann,Kebeet von Benda-Beckmann,André Hoekema
Publisher : BRILL
Page : 337 pages
File Size : 48,7 Mb
Release : 2023-12-14
Category : Law
ISBN : 9789004639201

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Law and Anthropology by René Kuppe,Richard Potz,Franz von Benda-Beckmann,Kebeet von Benda-Beckmann,André Hoekema Pdf

Author : Canadian Institute of Resources Law,Northwest Territories. Department of Resources, Wildlife and Economic Development
Publisher : Calgary : Canadian Institute of Resources Law = Institut canadien du droit des ressources
Page : 310 pages
File Size : 41,7 Mb
Release : 1997
Category : Indigenous peoples
ISBN : STANFORD:36105061797895

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Disposition of Natural Resources by Canadian Institute of Resources Law,Northwest Territories. Department of Resources, Wildlife and Economic Development Pdf

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 50,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.