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.
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
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.