Concessionaires, Financiers and Communities

Concessionaires, Financiers and Communities
Author: Kinnari Bhatt
Publisher: Cambridge University Press
Total Pages: 235
Release: 2020-03-19
Genre: Business & Economics
ISBN: 1108484654

The untold story of how concessionaires, financiers and hidden private legal devices, implement and shape Indigenous peoples' rights to land.

Concessionaires, Financiers and Communities

Concessionaires, Financiers and Communities
Author: Kinnari I. Bhatt
Publisher: Cambridge University Press
Total Pages:
Release: 2020-03-31
Genre: Law
ISBN: 1108659683

Unrelenting demands for energy, infrastructure and natural resources, and 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.

The Implementation of Free, Prior and Informed Consent and Indigenous Peoples’ Rights under the OECD Guidelines for Multinational Enterprises

The Implementation of Free, Prior and Informed Consent and Indigenous Peoples’ Rights under the OECD Guidelines for Multinational Enterprises
Author: Fanny Pulver
Publisher: buch & netz
Total Pages: 320
Release: 2022-08-11
Genre: Law
ISBN: 303805500X

Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples’ rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the ‘case law’ of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples’ rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the ‘jurisprudence’ of the NCPs, and makes suggestions for possible improvements.

International Human Rights Law and Practice

International Human Rights Law and Practice
Author: Ilias Bantekas
Publisher: Cambridge University Press
Total Pages: 1033
Release: 2024-02-15
Genre: Law
ISBN: 1009306383

Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.

The Routledge Handbook on Extraterritorial Human Rights Obligations

The Routledge Handbook on Extraterritorial Human Rights Obligations
Author: Mark Gibney
Publisher: Routledge
Total Pages: 500
Release: 2021-12-24
Genre: Political Science
ISBN: 1000466132

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

The Cambridge Handbook of the Sustainable Development Goals and International Law: Volume 1

The Cambridge Handbook of the Sustainable Development Goals and International Law: Volume 1
Author: Jonas Ebbesson
Publisher: Cambridge University Press
Total Pages: 491
Release: 2022-09-08
Genre: Law
ISBN: 1108850367

In 2015, the United Nations established seventeen Sustainable Development Goals (SDG) that aimed 'to achieve a better and more sustainable future for all' by 2030. The chapters within this collection address each of these SDGs, considering how they relate to one another and international law, and what institutions could aid their implementation. Development has been a contentious topic since the decolonization period after World War II, and issues surrounding sustainable development are necessarily impacted by the multifaceted relationship between the Global South and Global North. Confronting the context and challenge of sustainable development, this collection outlines how the international economic system problematizes the attainment of the SDGs. Introducing a novel, cosmopolitan approach, this book offers new ways of understanding sustainable development and suggests potential solutions so that we might finally achieve it.

The Anthem Companion to Philip Selznick

The Anthem Companion to Philip Selznick
Author: Paul van Seters
Publisher: Anthem Press
Total Pages: 290
Release: 2021-08-17
Genre: Social Science
ISBN: 1785278274

The Anthem Companion to Philip Selznick is a collection of essays by renowned authors on the preeminent sociologist, Philip Selznick (1919–2010). He is widely recognized for his major contributions to a number of fields, including general sociology, sociology of organizations, industrial sociology, sociology of law and moral sociology. The contributions in the book cross disciplinary boundaries, bridge disciplinary divides, and display an awareness of and respect for Selznick’s humanist sensibility. Selznick would have felt very comfortable in this company. In that sense, all the chapters of The Anthem Companion to Philip Selznick are true companions to Selznick’s sociology.

The Cambridge Companion to Business and Human Rights Law

The Cambridge Companion to Business and Human Rights Law
Author: Ilias Bantekas
Publisher: Cambridge University Press
Total Pages: 683
Release: 2021-09-09
Genre: Political Science
ISBN: 1108900283

How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.

Indigenous Peoples and Mining

Indigenous Peoples and Mining
Author: Ciaran O'Faircheallaigh
Publisher: Oxford University Press
Total Pages: 353
Release: 2023-08-03
Genre: Business & Economics
ISBN: 0192894560

Indigenous peoples have occupied their territories for thousands of years, territories that are increasingly being mined by an industry applying the most modern extractive, marketing, and transport technologies on a scale that can be difficult to comprehend. Mining reshapes landscapes, literally moving mountains and diverting rivers; the Indigenous owners of these landscapes often believe them to have been originally shaped by ancestor beings who still reside at mining locations. This book seeks to understand the political, social, economic, and cultural dynamic that is created by the relentless expansion of mining into Indigenous territories. Contributing to such an understanding involves a task of global significance: Indigenous peoples embody a large part of the world's linguistic and cultural diversity; their lands cover an estimated 25 per cent of the world's land surface, intersect with about 40 per cent of all ecologically intact landscapes, and contain a large proportion of the world's mineral resources. Must interaction between Indigenous peoples and mining involve the destruction of Indigenous peoples, territories, and cultures? Can the remarkable resilience that has allowed Indigenous peoples to survive for millennia enable them not only to survive, but to capitalize on the development opportunities offered by mining? What role are governments, international organizations, and civil society playing in shaping relations between mining and Indigenous peoples? Ciaran O'Faircheallaigh addresses these and other questions by drawing on his own 30 years of experience working with Indigenous communities as they deal with mining projects, and on the experiences of Indigenous peoples in some 15 countries from different regions of the globe.

The Cambridge Handbook on the Material Constitution

The Cambridge Handbook on the Material Constitution
Author: Marco Goldoni
Publisher: Cambridge University Press
Total Pages: 1091
Release: 2023-01-05
Genre: Law
ISBN: 1009021117

Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.