1st Edition

Indigenous-Industry Agreements, Natural Resources and the Law

Edited By Ibironke T. Odumosu-Ayanu, Dwight Newman Copyright 2021
    302 Pages 1 B/W Illustrations
    by Routledge

    302 Pages 1 B/W Illustrations
    by Routledge

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    This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements.

    Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.

    Part I: Theoretical and Conceptual Frameworks

    1. Indigenous-Industry Agreements, Natural Resources and the Law: An Introduction
    2. Ibironke T. Odumosu-Ayanu and Dwight Newman

    3. The (Legal) Nature of Indigenous Peoples’ Agreements with Extractive Companies
    4. Ibironke T. Odumosu-Ayanu

    5. Essential Preconditions for an Indigenous-Industry Agreement with Community Legitimacy
    6. George K. Foster

    7. Indigenous-Industry Agreements, Legal Uncertainty, and Risk Allocations
    8. Dwight Newman and Levi Graham

      Part II: Analytical and Critical Perspectives

    9. Negotiated Agreements, Indigenous FPIC and the Mine Life Cycle
    10. Ciaran O’Faircheallaigh

    11. Gender Impact Analysis of Impact Benefit Agreements: Representation Clauses and UNDRIP
    12. Sari Graben, Angela Cameron and Sarah Morales

    13. Who are the Métis? The Role of Free, Prior and Informed Consent in Identifying a Métis Rights-Holder
    14. Karen Drake

      Part III: Politics, Environment and Sustainability

    15. The Contentious Politics of Impact and Benefit Agreements: A ‘Sons of the Soil’ Conflict Perspective
    16. Matthew I. Mitchell

    17. Impact Benefit Agreements, Transparency, and Sustainability
    18. Jason MacLean

    19. The Relationship between Indigenous-Industry Agreements and Environmental Assessment: Enhanced Credibility and Collaboration, or Undermining the Project Review Process?
    20. Bram Noble

      Part IV: Jurisdictional Case Studies

    21. Contesting Indigenous-Industry Agreements in Latin America
    22. Charis Kamphuis

    23. Is this Really Benefit Sharing? Understanding Current Practices Around Community-Investor Agreements Tied to Land Investments
    24. Kaitlin Y. Cordes, Tehtena Mebratu-Tsegaye and Sam Szoke-Burke

    25. Enhancing the Benefits of Local Content in Extractive Industry Agreements: Legal Approaches and Trends in Frontier Extractive Jurisdictions
    26. Damilola S. Olawuyi

    27. Indigenous Land Use Agreements in Australia: A Vehicle for Economic Prosperity or an Empty Gesture
    28. Franklin Gaffney

    29. Canadian Law and Realpolitik Regarding Indigenous-Industry Agreements
    30. Thomas Isaac and Arend J.A. Hoekstra

    31. Towards Comprehensive Engagement: Indigenous-Industry Collaboration in the Resource Sector in Canada

    Ken Coates



    Ibironke T. Odumosu-Ayanu is Associate Professor at the College of Law, University of Saskatchewan, Canada.

    Dwight Newman is Professor of Law & Canada Research Chair in Indigenous Rights in Constitutional and International Law at the University of Saskatchewan, Canada.