The Implementation Of Free Prior And Informed Consent And Indigenous Peoples Rights Under The Oecd Guidelines For Multinational Enterprises
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The Implementation Of Free Prior And Informed Consent And Indigenous Peoples Rights Under The Oecd Guidelines For Multinational Enterprises
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Author : Fanny Pulver
language : en
Publisher: buch & netz
Release Date : 2022-08-11
The Implementation Of Free Prior And Informed Consent And Indigenous Peoples Rights Under The Oecd Guidelines For Multinational Enterprises written by Fanny Pulver and has been published by buch & netz this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Law categories.
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.
Environmental Law Dimensions Of Human Rights
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Author : Ben Boer
language : en
Publisher: OUP Oxford
Release Date : 2015-03-12
Environmental Law Dimensions Of Human Rights written by Ben Boer and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-12 with Law categories.
How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.
Negotiating Norms
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Author : Ricarda Rösch
language : en
Publisher: Springer Nature
Release Date : 2023-12-12
Negotiating Norms written by Ricarda Rösch and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-12 with Law categories.
The book explores the right to free, prior and informed consent (FPIC) – a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities’ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or – to put it in other words – its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law – more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm.
Annual Report On The Oecd Guidelines For Multinational Enterprises 2011 A New Agenda For The Future
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2012-01-02
Annual Report On The Oecd Guidelines For Multinational Enterprises 2011 A New Agenda For The Future written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-02 with categories.
The report provides a first assessment of the outcome of the 2011 Update of the Guidelines adopted at the OECD Ministerial Meeting and a compilation of ideas for future implementation. It also reports the actions taken by the 42 adhering governments from June 2010 to June 2011.
Corporate Environmental Accountability In International Law
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Author : Elisa Morgera
language : en
Publisher: Oxford University Press
Release Date : 2020
Corporate Environmental Accountability In International Law written by Elisa Morgera and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Business & Economics categories.
"This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.
Indigenous Peoples Title To Territory Rights And Resources
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Author : Cathal M. Doyle
language : en
Publisher: Routledge
Release Date : 2014-11-20
Indigenous Peoples Title To Territory Rights And Resources written by Cathal M. Doyle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-20 with Law categories.
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.
The Oxford Handbook Of Transnational Law
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Author : Peer Zumbansen
language : en
Publisher: Oxford University Press
Release Date : 2021
The Oxford Handbook Of Transnational Law written by Peer Zumbansen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
The Oxford Handbook of Transnational Law offers a comprehensive compendium for the field of Transnational Law by providing a unique and unparalleled treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.
Annual Report On The Oecd Guidelines For Multinational Enterprises 2009 Consumer Empowerment
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2010-05-20
Annual Report On The Oecd Guidelines For Multinational Enterprises 2009 Consumer Empowerment written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-20 with categories.
This Annual Report provides an account of the actions the 41 adhering governments have taken over the 12 months to June 2009 to enhance the contribution of the Guidelines to the improved functioning of the global economy. It also contains a report on consumer empowerment.
Indigenous Peoples Natural Resources And Permanent Sovereignty
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Author : Andrea Mensi
language : en
Publisher: BRILL
Release Date : 2022-12-19
Indigenous Peoples Natural Resources And Permanent Sovereignty written by Andrea Mensi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-19 with Law categories.
Indigenous Peoples, Natural Resources and Permanent Sovereignty explores the possibility to conceive a permanent sovereignty over natural resources vested in indigenous peoples rather than in States. The author examines the conceptualisation and content under customary international law of indigenous rights with respect to natural resources, including the impact of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007. The book provides a deep and updated analysis on international customs, international and regional conventions and the jurisprudence of regional courts concerning indigenous rights to natural resources, including the most recent developments in domestic jurisprudence and legislation.
International Investment Law And The Energy Transition
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Author : Rahmi Kopar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-02-20
International Investment Law And The Energy Transition written by Rahmi Kopar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-20 with Law categories.
The global energy sector is in flux, transitioning from reliance on fossil fuels to clean energy sources at an unprecedented pace. This book explores the complex interplay between this transition and international investment law. The book navigates the tension between attracting crucial and expensive investments in clean energy and protecting a state's right to regulate its energy sector for environmental and other reasons. It analyses how international treaties and investment arbitration tribunals are evolving to address these challenges, examining how the scope of investment protection is being redefined and the delicate balance between stability and regulatory flexibility is being recalibrated. The book delves into this complex landscape, exploring how established legal frameworks, especially international investment law, grapple with the unique characteristics of renewable energy, critical minerals, and rapidly evolving technologies. While offering a roadmap for the current energy transition, the book also identifies unanswered questions. It paves the way for further discussion on critical mineral supply chains and the future of international investment law in a transformed energy landscape.