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Prior Informed Consent and Mining

Prior Informed Consent and Mining
Author: Susan Bass
Publisher: Oryx/Greenwood
Total Pages: 54
Release: 2004
Genre: Consent (Law)
ISBN: 9781585760763

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Decolonizing Law

Decolonizing Law
Author: Sujith Xavier
Publisher: Routledge
Total Pages: 271
Release: 2021-05-24
Genre: Law
ISBN: 100039655X

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This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.


Human Rights in the Extractive Industries

Human Rights in the Extractive Industries
Author: Isabel Feichtner
Publisher: Springer
Total Pages: 546
Release: 2019-06-13
Genre: Law
ISBN: 3030113825

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This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.


Finding Common Ground

Finding Common Ground
Author:
Publisher: IIED
Total Pages: 116
Release: 2003
Genre: Indigenous peoples
ISBN: 9781843694694

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Mining Capitalism

Mining Capitalism
Author: Stuart Kirsch
Publisher: Univ of California Press
Total Pages: 328
Release: 2014-06-07
Genre: Social Science
ISBN: 0520281705

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Corporations are among the most powerful institutions of our time, but they are also responsible for a wide range of harmful social and environmental impacts. Consequently, political movements and nongovernmental organizations increasingly contest the risks that corporations pose to people and nature. Mining Capitalism examines the strategies through which corporations manage their relationships with these critics and adversaries. By focusing on the conflict over the Ok Tedi copper and gold mine in Papua New Guinea, Stuart Kirsch tells the story of a slow-moving environmental disaster and the international network of indigenous peoples, advocacy groups, and lawyers that sought to protect local rivers and rain forests. Along the way, he analyzes how corporations promote their interests by manipulating science and invoking the discourses of sustainability and social responsibility. Based on two decades of anthropological research, this book is comparative in scope, showing readers how similar dynamics operate in other industries around the world.


My Country, Mine Country

My Country, Mine Country
Author: Benedict Scambary
Publisher: ANU E Press
Total Pages: 292
Release: 2013-05-01
Genre: History
ISBN: 1922144738

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Agreements between the mining industry and Indigenous people are not creating sustainable economic futures for Indigenous people, and this demands consideration of alternate forms of economic engagement in order to realise such futures. Within the context of three mining agreements in north Australia this study considers Indigenous livelihood aspirations and their intersection with sustainable development agendas. The three agreements are the Yandi Land Use Agreement in the Central Pilbara in Western Australia, the Ranger Uranium Mine Agreement in the Kakadu region of the Northern Territory, and the Gulf Communities Agreement in relation to the Century zinc mine in the southern Gulf of Carpentaria in Queensland. Recent shifts in Indigenous policy in Australia seek to de-emphasise the cultural behaviour or imperatives of Indigenous people in undertaking economic action, in favour of a mainstream conventional approach to economic development. Concepts of value, identity, and community are key elements in the tension between culture and economics that exists in the Indigenous policy environment. Whilst significant diversity exists within the Indigenous polity, Indigenous aspirations for the future typically emphasise a desire for alternate forms of economic engagement that combine elements of the mainstream economy with the maintenance and enhancement of Indigenous institutions and livelihood activities. Such aspirations reflect ongoing and dynamic responses to modernity, and typically concern the interrelated issues of access to and management of country, the maintenance of Indigenous institutions associated with family and kin, access to resources such as cash and vehicles, the establishment of robust representative organisations, and are integrally linked to the derivation of both symbolic and economic value of livelihood pursuits.


Mining and Critical Ecosystems

Mining and Critical Ecosystems
Author: Marta Miranda
Publisher:
Total Pages: 96
Release: 2003
Genre: Business & Economics
ISBN:

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This title is a culmination of a two-year research effort aimed at identifying environmentally and socially vulnerable areas at risk from mining. The report aims to provide a methodology that companies, governments, and civil society groups can use to develop a set of standards for environmentally responsible mining.


Extractive Relations

Extractive Relations
Author: John R. Owen
Publisher: Routledge
Total Pages: 289
Release: 2017-09-19
Genre: Business & Economics
ISBN: 1000032094

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Extractive Relations explores the nature of industrial power and its role in shaping what we understand to be the global mining sector. The authors examine issues at the forefront of contemporary debates: corporate obligations in safeguarding the rights of people displaced by mining, the recognition of community rights and interests in supporting or opposing mining developments, the handling of non-judicial grievances and workability of corporate remedy systems, and the logic of community relations departments in navigating these issues inside and outside of the typical modern mining establishment. The authors develop a unique theoretical approach that highlights the different types and uses of power in these settings. This perspective is supported by the authors' own sustained engagement with the mining sector over many years, drawing on cases from over twenty countries. The analysis of these issues from both 'inside' and 'outside' the sector is a key point of differentiation. For readers seeking to understand how mining companies interpret and interact with the communities and interests around their operations, this book provides invaluable insight and analysis.


Regulation of Extractive Industries

Regulation of Extractive Industries
Author: Rachael Lorna Johnstone
Publisher: Routledge
Total Pages: 215
Release: 2020-02-28
Genre: Law
ISBN: 0429594712

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This book intends to inform the key participants in extractive projects – namely, the communities, the host governments and the investors – about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.