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The untold story of how concessionaires, financiers and hidden private legal devices, implement and shape Indigenous peoples' rights to land.
List of contents
1. Development projects, Indigenous peoples' land rights and rights implementation; 2. Characteristics of indigenous peoples and development projects; 3. In the shadows of the operational development project: coping strategies, lacunas and fragmentation in the formal legal framework; 4. Bridging the gap through the elephant in the room? Private mechanisms and behaviours for implementing Indigenous peoples' rights; 5. Discretion, delegation, fragmentation and opacity: impacts of financing mechanisms in Mongolia and Panama; 6. Pricing for poverty: project finance, power purchase agreements and structural inequities in Uganda; 7. Negotiating land outcomes: a comparative look at concessionaires, Indigenous peoples and power; 8. Moving forward.
About the author
Kinnari I. Bhatt is a post-doctoral researcher at Erasmus Universiteit Rotterdam. She worked as a project finance lawyer with leading global law firms White and Case and Milbank, Tweed Hadley and McCloy in London and Asia and acted as a legal adviser to the Ministry of Mineral Resources in Sierra Leone. She advises NGOs on issues of equitable natural resource management and has taught courses on legal aspects of international finance and project finance at the University of East Anglia and University College London.
Summary
Confronts overlooked questions about how the hidden legal rules, private mechanisms and behaviours that shape capital investment matter for rights implementation in our financialised times. It will appeal to those interested in interfaces between Indigenous land rights, public-private development projects, finance, business and vulnerability.