1st Edition

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

By Cathal M. Doyle Copyright 2015
366 Pages
by Routledge

366 Pages
by Routledge

366 Pages
by Routledge

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... Read more

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

Biography

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.