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• Title:Having a say : indigenous peoples, international law and free, prior and informed consent / S.J. Rombouts.
  
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• Author/Creator:Rombouts, S. J. (Sebastiaan Johannes)
  
• Published/Created:Oisterwijk, Netherlands : Wolf Legal Publishers, [2014]
  ©2014
  

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  • Location: c.1  Temporarily shelved at OKANAGAN LIBRARY displayWhere is this?
    
  • Call Number: K3247 .R66 2014
    
  • Number of Items:1
    
  • Status:c.1 Lost - 09-11-2020
    

   
• Library of Congress Subjects:Indigenous peoples--Legal status, laws, etc.
  Indigenous peoples (International law)
  
• Description:437 pages ; 24 cm
  
• Summary:"The adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007 reinvigorated discussions about participation by indigenous peoples in decision-making processes that affect them. In particular, the debate revolves around interpretations of the concept of 'free, prior and informed consent' (FPIC), which is becoming one of the central mechanisms in international law and policy for resolving conflicts about lands and natural resources. In this study, the legal status of FPIC and conditions for its successful implementation are examined. Firstly, the principle is contextualized by examining the underlying concept of self-determination and derivative rights to lands and resources. Secondly, FPIC is explored from within the framework of the right to effective participation. Thirdly, the existing international platforms and institutions in which FPIC norms are present are surveyed. Fourthly, a detailed analysis of recent regional case law clarifies the legal application of FPIC in the context of land and resource rights. Finally, a number of recent guidelines for the implementation of FPIC processes in the framework of specific voluntary sustainability initiatives are compared and analyzed. This study provides both a theoretical and a practical starting point for scholars, lawyers, policy makers, or others interested in FPIC processes and indigenous peoples"--Unedited summary from book cover.
  
• Notes:Originally presented as the author's thesis (Ph. D.)--Tilburg University, 2014.
  Includes bibliographical references (pages 419-435).
  
• ISBN:9462401349
  9789462401341
  
• Contents:Machine generated contents note: I. Introduction
  I.1. Indigenous Peoples and Free, Prior and Informed Consent
  I.2. Indigenous Peoples, International Law, and Human Rights
  I.3. Short Introduction to the Legal Status of FPIC
  I.4. Structure and Approach
  II. Principles
  II.1. Self-Determination
  II.1.1. Introduction
  II.1.2. Development of the Idea of Self-Determination of Peoples
  II.1.2.1. Self-Determination and its Vocabulary
  II.1.2.2. Westphalia and the French Revolution
  II.2.2.3. Vienna Congress and Liberal Nationalism
  II.2.2.3. Lenin, Wilson, and the League of Nations
  II.1.3. Law of Self-Determination
  II.1.3.1. Period after the Second World War
  II.1.4. Beyond the State: Self-Determination for Indigenous Peoples
  II.1.4.1. Self-Determination for Indigenous Peoples during the Post-Decolonization and Post Cold-War period
  II.1.4.2. Interpretations of Indigenous Peoples' Bight to Self-Determination
  II.2. Self-Determination through Control over Land and Resources
  II.2.1. Indigenous Peoples' Special Relation to their Lands
  II.2.2. Sovereignty over Natural Resources
  II.3. Conclusion: Self-Determination for Indigenous Peoples: Autonomy, Participation and Control over Lands and Resources
  III. Procedures
  III.1. Introduction: Participatory Norms for Indigenous Peoples
  III.2. Effective Participation
  III.2.1. Effective Participation for Minorities and Indigenous Peoples
  III.2.2. Participatory Provisions and FPIC in the UN Declaration
  III.2.3. United Nations System: The Right to Effective Participation as a General Framework
  III.2.4. Participation: James Tully and the Preconditions for Peaceful Intercultural Dialogue
  III.2.4.1. Liberal Constitutionalism in Multi-Nation States
  III.2.4.2. Three Principles for Intercultural Negotiations
  III.2.4.3. Conclusions: Dialogue and Diversity in Multi-Nation States
  III.3. Free, Prior and Informed Consent
  III.3.1. Free: Discursive Control and Non-Domination
  III.3.1.1. Personal Freedom and Consent: Discursive Control
  III.3.1.2. Political Freedom and Self-Determination: Non-Domination
  III.3.2. Prior: Ex Ante Contestation and Ex Post Revision
  III.3.3. Information and Communication
  III.3.3.1. Informed Consent in Bioethics: Development, Scope and Justifications
  III.3.3.2. Informing as Communicative Action
  III.3.3.3. Informed Consent: Justification, Role and Function
  III.3.3.4. Informed Consent Processes: Standards for Successful Communicative Transactions
  III.3.3.5. Conclusions: Informed Consent in Bioethics and FPIC for Indigenous Peoples
  III.3.4. FPIC: Participation, Representation and Consent
  III.3.4.1. Participation and Representation
  III.3.4.2. FPIC: External and Internal Representation
  III.3.4.3. Difficulties with Representation and Obtaining Consent
  III.3.4.3.1. Isolation
  III.3.4.3.2. Internal Participation
  III.3.4.3.3. Overlap
  III.3.4.4. Conclusions
  III.4. Conclusions: Effective Participation and FPIC for Indigenous Peoples: Dialogue, Communication, and Consent in Multi-Nation States
  IV. Platforms
  IV.1. International Diffusion of FPIC standards
  IV.1.1. Mapping and Tracing FPIC in International Law
  IV.1.1.1. FPIC: Diffusion in International Law and Institutions
  IV.1.1.1. Traces of FPIC in International Law
  IV.1.1.3. Cobo Study
  IV.1.1.4. International Labour Organisation
  IV.1.1.5. Human Rights Committee on Consent
  IV.1.1.6. Committee on the Elimination of Racial Discrimination
  IV.1.1.7. Committee on Economic, Social and Cultural Rights
  IV.1.1.8. Responsibilities of Transnational Corporations
  IV.1.1.9. Rotterdam Convention
  IV.1.1.10. Policy of the European Union
  IV.1.1.11. OAS Human Rights System
  IV.1.1.12. Draft American Declaration on the Rights of Indigenous Peoples
  IV.1.1.13. African Commission on Human and Peoples' Rights
  IV.1.1.14. World Bank System and the Extractive Industries Review
  IV.1.1.15. International Finance Corporation: Performance Standard 7
  IV.1.1.16. Convention on Biological Diversity
  IV.1.2. Closer Look at the United Nations System of Indigenous Peoples' Protection
  IV.1.2.1. Permanent Forum on Indigenous Issues
  IV.1.2.2. Expert Mechanism on the Rights of Indigenous Peoples
  IV.1.2.3. Special Rapporteur on the Rights of Indigenous Peoples
  IV.1.3. Conclusion: the Widespread Diffusion of FPIC Requirements
  V. Practices
  V.1. Case Law: Legal and Semi-Legal Decisions
  V.1.1. Introduction: Regional Protection of Indigenous Peoples' Rights and the Inter-American Human Rights System
  V.1.2. FPIC and Self-Determination in the Inter-American Human Rights System
  V.1.2.1. OAS and Human Rights
  V.1.2.2. OAS and Indigenous Peoples
  V.1.2.3. Self-determination, Land Rights and Participation in the Inter-American System
  V.1.2.3.1. Awas Tingni v. Nicaragua
  V.1.2.3.2. Decisions from the Commission: The Dann Sisters and Maya Communities in Belize
  V.1.2.3.3. Subsequent Cases of the Court: Moiwana, Yakye Axa and Sawhoyamaxa
  V.1.2.4. Key Decision: An In-depth Investigation of Saramaka People v. Suriname
  V.1.2.4.1. Suriname: Maroon and Indigenous Communities
  V.1.2.4.2. Contemporary Problems and Land Protection in Surinamese Law
  V.1.2.4.3. Controversy over Land and Resource Rights before the Inter-American Court of Human Rights: Saramaka People v. Suriname
  V.1.2.4.4. Implementation of FPIC and International Judgments in Suriname
  V.1.2.5. Legal Developments in the Aftermath of Saramaka People v. Suriname
  V.1.2.5.1. Suriname: CERD and the Inter-American Commission
  V.1.2.5.2. OAS Region and the Inter-American Court: Xakmok Kasek and Sarayaku
  V.1.2.6. Influence of the Inter-American System Outside the OAS Area
  V.1.2.6.1. Judicial Interpretation and Approach
  V.1.2.6.2. Regional Diffusion of the Inter-American Approach: The African Commission on Human and Peoples' Rights in Endorois v. Kenya
  V.1.3. Conclusions and Recapitulation: The OAS System, International law and FPIC
  V.2. Practices and Implementation of FPIC in Voluntary Environmental Protection Schemes
  V.2.1. Integrating Impact Assessments: The Akwe: Kon Guidelines
  V.2.2. FPIC in the UN-REDD Programme
  V.2.3. Forest Stewardship Council Guidelines on FPIC
  V.2.4. Other Voluntary Standards
  V.2.5. Case: The Orang Asli of Peninsular Malaysia: Sustainable Timber Certification and FPIC
  V.2.5.1. Introduction
  V.2.5.2. Orang Asli of Peninsular Malaysia
  V.2.5.3. Malaysian Legal Framework and Judicial Decisions
  V.2.5.4. Sustainable Logging and the Orang Asli
  V.2.5.5. MTCC and TP AC: Concerns about Safeguarding Orang Asli Rights
  V.2.5.6. FPIC in the MTCS case: Standards versus Reality
  V.2.5.7. Conclusions and Lessons from the "Orang Asli Case"
  V.2.6. Conclusion: Progressive Implementation of FPIC in Voluntary Schemes
  VI. Conclusions
  VI.1. Explaining FPIC
  VI.1.1. Principles: Self-Determination and Rights to Lands and Resources
  VI.1.2. Procedures: Effective Participation and Free, Prior and Informed Consent
  VI.1.3. Platforms: International Diffusion of FPIC Norms
  VI.1.4. Practices: Legal Status, Case Law, and Guidance on Implementation
  VI.2. FPIC: Limitations and Future Development.