Author: Claire Wright Publisher: Routledge ISBN: 1351042084 Category : Science Languages : en Pages : 243
Book Description
This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).
Author: Publisher: ISBN: Category : Languages : en Pages : 336
Author: Gerardo L. Munck Publisher: Cambridge University Press ISBN: 1108477313 Category : History Languages : en Pages : 649
Book Description
An engaging introduction to Latin America with a fresh, thematic approach to key political and social issues. This accessible undergraduate textbook examines the entirety of the region, addressing complex issues in a clear and direct manner. Grounded in cutting-edge research and data, concepts are illustrated through tables, maps, and timelines.
Author: Nicholas A. Robins Publisher: U of Nebraska Press ISBN: 1496208021 Category : History Languages : en Pages : 382
Book Description
The natural wealth of the Amazon and Andes has long attracted fortune seekers, from explorers, farmers, and gold panners to multimillion-dollar mining, oil and gas, and timber operations. Modern demands for commodities have given rise to new development schemes, including hydroelectric dams, open cast mines, and industrial agricultural operations. The history of human habitation in this region is intimately tied to its rich biodiversity, and the Amazon basin is home to scores of indigenous groups, many of whom have populations so small that their cultural and physical survival is endangered. Landscapes of Inequity explores the debate over rights to and use of resources and addresses fundamental questions that inform the debate in the western Amazon basin, from the Andes Mountains to the tropical lowlands. Beginning with an examination of the divergent conceptual interpretations of environmental justice, the volume explores the issue from two interlocking perspectives: of indigenous peoples and of economic development in a global economy. The volume concludes by examining the efficacy of laws and policies concerning the environment in the region, the viability and range of judicial recourse, and future directions in the field of environmental justice.
Author: Jessika Eichler Publisher: Routledge ISBN: 1000020193 Category : Business & Economics Languages : en Pages : 233
Book Description
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
Author: Esben Leifsen Publisher: Routledge ISBN: 1351118129 Category : Political Science Languages : en Pages : 368
Book Description
The scholarly debate on deliberative democracy often suggests that participatory processes will contribute to make environmental governance not only more legitimate and effective, but also lead to the empowerment of marginalized social groups. Critical studies, however, analyse how technologies of governance make use of participation to draw boundaries that separate technical knowledge from political concerns, direct the focus towards procedural aspects and contractual obligations, and reinforce hegemonic understandings of development and of local people’s relationships to their environment. This book focuses on the dynamics and use of participatory mechanisms related to the rapid expansion of the extractive industries worldwide and the ways it increasingly affects sensitive natural environments populated by indigenous and other marginalized populations. Nine empirically grounded case studies analyse a range of participatory practices ranging from state-led and corporation-led processes like prior consultation and Free Prior and Informed Consent (FPIC), compensation practices, participatory planning exercises and the participation in environmental impact assessments (EIAs), to community-led consultations, community-based FPIC and EIA processes and struggles for community-based governance of natural resource uses. The book provides new insights through a combination of different theoretical strands, which help to scrutinize the limits to deliberation and empowerment on the one hand, and on the other hand to understand the political resistance potential that alternative uses of participatory mechanisms can generate. The chapters originally published as a special issue of Third World Quarterly.
Author: Publisher: BRILL ISBN: 9004686185 Category : Law Languages : en Pages : 373
Book Description
The frontiers of extraction are expanding rapidly, driven by a growing demand for minerals and metals that is often motivated by sustainability considerations. Two volumes of International Development Policy are dedicated to the paradoxes and futures of green extractivism, with analyses of experiences from five continents. In this, the second of the two volumes, the 22 authors, using different conceptual approaches and in different empirical contexts, demonstrate the alarming obduracy of the logic of extractivism, even - and perhaps especially - in the growing support for the so-called green transition. The authors highlight the complex and enduring legacies of resource extraction and the urgent need to move beyond extractive models of development towards alternative pathways that prioritise social justice, environmental sustainability, democratic governance and the well-being of both humans and non-humans. They also caution us against the assumption that anti-extraction is anti-extractivist, that post-extraction is post-extractivism, and they critically attune us to the systemic nature of extractivism in ways that both connect and transcend any particular site or scale. This volume accompanies IDP 15, The Lives of Extraction: Identities, Communities, and the Politics of Place.
Author: Catarina Woyames Dreher Publisher: Springer Nature ISBN: 3031505395 Category : Law Languages : en Pages : 268
Book Description
This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.
Author: Louisa Parks Publisher: Routledge ISBN: 0429582277 Category : Art Languages : en Pages : 222
Book Description
Taking a bottom-up perspective, this book explores local framings of a wide range of issues related to benefit-sharing, a growing concept in global environmental governance. Benefit-sharing in Environmental Governance draws on original case studies from South Africa, Namibia, Greece, Argentina, and Malaysia to shed light on what benefit-sharing looks like from the local viewpoint. These local-level case studies move away from the idea of benefit-sharing as defined by a single international organization or treaty. Rather, they reflect different situations where benefit-sharing has been considered, including agriculture, access to land and plants, wildlife management, and extractives industries. Common themes in the experiences of local communities form the basis for an exploration of spaces for local voices at the international level in the Convention on Biological Diversity (CBD), often argued to be the most open arena to non-state actors, and therefore vital to how local voices may be included at the global level. The book analyzes the decisions of the CBD parties to produce an in-depth reflection on how this arena builds and delimits spaces for the expression of local community themes, and paths for local community participation including community protocols. The book then situates the bottom-up findings in the wider debate about global civil society and deliberative democracy in environmental governance. This interdisciplinary book will be of great interest to students and scholars of environmental politics, environmental law, political ecology and global governance, as well as practitioners and policymakers involved in multilateral environmental agreements.
Author: Claire Wright
Author: 
Author: Gerardo L. Munck
Author: Nicholas A. Robins
Author: Jessika Eichler
Author: Esben Leifsen
Author: 
Author: United Nations. General Assembly
Author: Catarina Woyames Dreher
Author: Louisa Parks