The Implementation of Free, Prior and Informed Consent and Indigenous Peoples’ Rights under the OECD Guidelines for Multinational Enterprises PDF Download
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Author: Fanny Pulver
Publisher: buch & netz
ISBN: 303805500X
Category : Law
Languages : en
Pages : 320
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Book Description
Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples’ rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the ‘case law’ of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples’ rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the ‘jurisprudence’ of the NCPs, and makes suggestions for possible improvements.
Author: Fanny Pulver
Publisher: buch & netz
ISBN: 303805500X
Category : Law
Languages : en
Pages : 320
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Book Description
Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples’ rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the ‘case law’ of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples’ rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the ‘jurisprudence’ of the NCPs, and makes suggestions for possible improvements.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264251057
Category :
Languages : en
Pages : 90
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Book Description
OECD and FAO have developed this guidance to help enterprises observe standards of responsible business conduct and undertake due diligence along agricultural supply chains in order to ensure that their operations contribute to sustainable development.
Author: Ben Boer
Publisher: OUP Oxford
ISBN: 0191056367
Category : Law
Languages : en
Pages : 229
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Book Description
How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264119949
Category :
Languages : en
Pages : 348
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Book Description
The report provides a first assessment of the outcome of the 2011 Update of the Guidelines adopted at the OECD Ministerial Meeting and a compilation of ideas for future implementation. It also reports the actions taken by the 42 adhering governments from June 2010 to June 2011.
Author: Elisa Morgera
Publisher: Oxford University Press
ISBN: 0198738048
Category : Business & Economics
Languages : en
Pages : 353
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Book Description
"This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.
Author: Ricarda Rösch
Publisher: Springer Nature
ISBN: 3031459105
Category : Law
Languages : en
Pages : 402
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Book Description
The book explores the right to free, prior and informed consent (FPIC) – a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities’ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or – to put it in other words – its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law – more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm.
Author: Cathal M. Doyle
Publisher: Routledge
ISBN: 1317703189
Category : Law
Languages : en
Pages : 367
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Book Description
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.
Author: Peer Zumbansen
Publisher: Oxford University Press
ISBN: 0197547419
Category : Law
Languages : en
Pages : 1246
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Book Description
The Oxford Handbook of Transnational Law offers a comprehensive compendium for the field of Transnational Law by providing a unique and unparalleled treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264075194
Category :
Languages : en
Pages : 207
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Book Description
This Annual Report provides an account of the actions the 41 adhering governments have taken over the 12 months to June 2009 to enhance the contribution of the Guidelines to the improved functioning of the global economy. It also contains a report on consumer empowerment.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264253238
Category :
Languages : en
Pages : 138
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Book Description
The OECD-FAO Agricultural Outlook 2016-2025 provides an assessment of prospects for the coming decade of the agricultural commodity markets across 41 countries and 12 regions, including OECD countries and key agricultural producers, such as India, China, Brazil, the Russian Federation and Argentina.
