Indigenous-Industry Agreements, Natural Resources and the Law

ISBN-13: 9780367693213 / Angielski / Miękka / 2023 / 288 str.

Ibironke T. Odumosu-Ayanu; Dwight Newman

Opis

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.

Spis treści

Part I: Theoretical and Conceptual Frameworks  1. Indigenous-Industry Agreements, Natural Resources and the Law: An Introduction  2. The (Legal) Nature of Indigenous Peoples’ Agreements with Extractive Companies  3. Essential Preconditions for an Indigenous-Industry Agreement with Community Legitimacy  4. Indigenous-Industry Agreements, Legal Uncertainty, and Risk Allocations  Part II: Analytical and Critical Perspectives  5. Negotiated Agreements, Indigenous FPIC and the Mine Life Cycle  6. Gender Impact Analysis of Impact Benefit Agreements: Representation Clauses and UNDRIP  7. Who are the Métis? The Role of Free, Prior and Informed Consent in Identifying a Métis Rights-Holder  Part III: Politics, Environment and Sustainability  8. The Contentious Politics of Impact and Benefit Agreements: A ‘Sons of the Soil’ Conflict Perspective  9. Impact Benefit Agreements, Transparency, and Sustainability  10. The Relationship between Indigenous-Industry Agreements and Environmental Assessment: Enhanced Credibility and Collaboration, or Undermining the Project Review Process?  Part IV: Jurisdictional Case Studies  11. Contesting Indigenous-Industry Agreements in Latin America  12. Is this Really Benefit Sharing? Understanding Current Practices Around Community-Investor Agreements Tied to Land Investments  13. Enhancing the Benefits of Local Content in Extractive Industry Agreements: Legal Approaches and Trends in Frontier Extractive Jurisdictions  14. Indigenous Land Use Agreements in Australia: A Vehicle for Economic Prosperity or an Empty Gesture  15. Canadian Law and Realpolitik Regarding Indigenous-Industry Agreements  16. Towards Comprehensive Engagement: Indigenous-Industry Collaboration in the Resource Sector in Canada