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

"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 of contents

Introduction Part I: The Role of Indigenous Peoples’ Consent in Legitimizing Title to Territory 1. The Genesis of Indigenous Consent under International Law and its role in Legitimizing Title to Territory 2. 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 3. The Evolving Consent Requirement Under The ILO System 4. The Self-Determination Grounded Normative Framework of Indigenous Rights 5. FPIC and the Normative Framework of Indigenous Peoples Rights 6. Debates in relation to the consent requirement Part III: Implementation of Free Prior and Informed Consent – Challenges and Opportunities 7. The Evolving Practice of States and International Organizations 8. FPIC and the Corporate Obligation to Respect Indigenous Peoples Rights 9. Operationalization of Consent, Challenges, Limitations and Opportunities Conclusion

About the author

Cathal M. Doyle is a Research Fellow at Middlesex University Business School. He was previously associated with Middlesex University School of Law, where he completed his PhD. Prior to pursuing his PhD he worked as a management consultant for over 10 years in Accenture with global financial, retail and manufacturing sector clients.

Product details

• Authors: Cathal Doyle, Cathal M. Doyle, Cathal M. (Middlesex University Doyle, Doyle Cathal M.
• Publisher: Routledge Academic
• Languages: English
• Product format: Hardback
• Released: 25.11.2014
• EAN: 9780415747769
• ISBN: 978-0-415-74776-9
• Dimensions: 165 mm x 243 mm x 25 mm
• Series: Routledge Research in Human Rights Law; Routledge Research in Human Rights Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; Human Rights, LAW / General, Anthropology, LAW / International, International Relations, Social & political philosophy, social and political philosophy, Human rights, civil rights, Development Studies, Environment law, Public international law: human rights, International human rights law, LAW / Indigenous Law & Legal Systems