Search results for: community-futures-legal-architecture-foundations-for-indigenous-peoples-in-the-global-mining-boom

Community Futures Legal Architecture

Author : Marcia Langton
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The unifying experiences of the indigenous and local people, are the social and economic disadvantage experienced by indigenous peoples and local communities, surrounded by wealth-producing projects. Chapters on Australian Aboriginals, chapters on Timor Leste. Aust & NZ content. Langton is at the University of Melbourne.

The Impact of Climate Change Mitigation on Indigenous and Forest Communities

Author : Maureen Frances Tehan
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The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed new contribution to contemporary understanding of this topic.

A Companion to Heritage Studies

Author : William Logan
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A Companion to Heritage Studies is a comprehensive, state-of-the-art survey of the interdisciplinary study of cultural heritage. Outlines the key themes of research, including cultural preservation, environmental protection, world heritage and tourism, ethics, and human rights Accessibly organized into a substantial framework-setting essay by the editors followed by three sections on expanding, using and abusing, and recasting heritage Provides a cutting-edge guide to emerging trends in the field that is that is global in scope, cross-cultural in focus and critical in approach Features contributions from an international array of scholars, including some with extensive experience in heritage practice through UNESCO World Heritage Centre, ICOMOS, and national heritage systems

Resource Curse or Cure

Author : Martin Brueckner
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Globalisation and rapid social and environmental change in recent decades have brought into sharper focus not only the benefits but also the costs of economic development. The once assumed link between economic development and societal well-being is being increasingly questioned in the face of growing social and environmental problems and unfulfilled expectations concerning political and commercial decision-makers. The orthodox development dogma is being tested in particular in resource-based economies such as Western Australia, where globalisation pressures and the concomitant rise in the demand for natural resources highlight the difficulties of effectively balancing broader societal interests with those of industry and the state. This book provides a critical review of the socio-political, environmental and cultural state of play in Western Australia, offering an analysis of how resource-based developments are shaping the state and its people.

Rural Change in Australia

Author : John Connell
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New twenty-first century economic, social and environmental changes have challenged and reshaped rural Australia. They range from ageing populations, youth out-migration, immigration policies (that seek to place skilled migrants in rural Australia), tree changers, agricultural restructuring and new relationships with indigenous populations. Challenges also exist around the 'patchwork economy' and the wealth that the mining boom offers some areas, while threatening regional economic decline in others. Rural Australia is increasingly not simply a place of production of agriculture and minerals but an idea that individuals seek and are encouraged to consume. The socio-economic implications of drought, water rights and changing farming practices, have prefaced new social, cultural and economic reforms. This book provides a contemporary perspective on rapidly evolving population, economic and environmental changes in 'rural and regional Australia', itself a significant concept. Bringing together a range of empirical studies, the book builds on established rural studies themes such as population change, economic restructuring and globalisation in agriculture but links such changes to environmental change, culture, class, gender, and ethnic diversity. Presenting original and in-depth interventions on these issues and their intersections, this book assembles the best of contemporary research on rural Australia.

Sharing the Costs and Benefits of Energy and Resource Activity

Author : Lila Barrera-Hernández
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A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.

Corporate Environmental Accountability in International Law

Author : Elisa Morgera
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This fully updated second edition of Corporate Accountability in International Environmental Law examines systematically all international sources of corporate accountability standards with specific reference to environmental protection, and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental law does not bind multinational corporations and other business entities, growing practice points to the emergence and consolidation of international legal standards. These standards allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The role of international organizations who, in the absence of State intervention, identify and promote the application of selected international environmental standards is analyzed in depth. This analysis demonstrates how these international organizations are a driving force in establishing and operationalizing international standards for corporate environmental accountability. The new edition includes a recent assessment of the Rio+20 Summit, analysis of the UN Framework on Business and Human Rights, and the 2012 Performance Standards. It contains a discussion on the role of 'fair and equitable benefit-sharing' under the Convention on Biological Diversity and international human rights law, and analysis of the monitoring practice of the UN Special Rapporteur on Indigenous Peoples' Rights. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

Negotiations in the Indigenous World

Author : Ciaran O'Faircheallaigh
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Negotiated agreements play a critical role in setting the conditions under which resource development occurs on Indigenous land. Our understanding of what determines the outcomes of negotiations between Indigenous peoples and commercial interests is very limited. With over two decades experience with Indigenous organisations and communities, Ciaran O’Faircheallaigh's book offers the first systematic analysis of agreement outcomes and the factors that shape them, based on evaluative criteria developed especially for this study; on an analysis of 45 negotiations between Aboriginal peoples and mining companies across all of Australia’s major resource-producing regions; and on detailed case studies of four negotiations in Australia and Canada.

Handbook of Indigenous Peoples Rights

Author : Damien Short
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This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

The Rights of Indigenous Peoples in Marine Areas

Author : Stephen Allen
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The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.