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.

To view or download the free 2016-17 supplement, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book explores tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The third edition updates the casebook to include recent Supreme Court cases as well as other judicial and legislative developments since 2008. The new edition also expands the materials on cultural and religious resources, the federal trust doctrine, the Cobell settlement, water rights settlements, natural resources damages, and international law.

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.

The interest that governments, indigenous groups and multinational corporations share in property and natural resources has often had devastating impacts on indigenous communities in North and South America. These communities have experienced dispossession dating back to the time the two continents were first colonized by Europeans. But in Canada domestic law respecting aboriginal rights places many aboriginal communities in a better position to ensure that a convergence of interest in property and natural resources works more in their favour than it has in the past. This law creates some incentives and establishes some structure for the negotiation of agreements that allow aboriginal groups to benefit from natural resource development projects on their traditional lands. Although negotiated arrangements are not a perfect approach to the resolution of conflicts arising from the use of traditional lands and resources, and are not even realistic or available options for all indigenous communities, they nevertheless bear review. It is informative to consider whether negotiated agreements can be used by indigenous groups living in the countries of Latin America. Indeed, various kinds of agreements are already sometimes negotiated between natural resource companies and governments in these countries that are supportive of local community interests. More often than not, however, indigenous concerns are not adequately addressed, or ignored altogether. A sound legal regime can place indigenous groups themselves in a position to engage in negotiations in their own right so that they can try to ensure that any agreements reached are fair and responsive to their interests. An important question to ask is: does the success of negotiations depend on the leverage that aboriginal groups have under Canadian law? Certainly, the capacity of indigenous groups in Latin America to "force" companies to negotiate with them about economic benefits will depend to a large extent on the applicable domestic law of the countries in which they live. A review of such law is well beyond the scope of this paper. However, emerging international legal principles respecting the rights of indigenous peoples may also be a useful source for arguments justifying the application of tools in Latin America that link natural resource development to economic benefits for affected indigenous peoples. Further, these emerging principles may assist governments in their efforts to understand and to fulfil legal obligations they may have towards indigenous peoples under their domestic legal systems. This paper begins with an outline of how and why negotiations are used in Canada to address issues respecting the utilization of the traditional lands and resources of aboriginal groups. Developments in the international law that is applicable in the regional Inter-American system respecting indigenous communal property are then examined to determine whether there is a rationale reinforced by international law for negotiated agreements. Negotiated agreements, when reinforced by legal principles defining and upholding the rights of indigenous peoples, can be a useful tool in efforts to resolve conflicts that arise in relation to natural resource extraction projects on traditional lands, and in efforts to promote sustainable development.

To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.

This book offers multidisciplinary perspectives on the changing relationships between states, indigenous peoples and industries in the Arctic and beyond. It offers insights from Nordic countries, Canada, Australia, New Zealand and Russia to present different systems of resource governance and practices of managing industry-indigenous peoples’ relations in the mining industry, renewable resource development and aquaculture. Chapters cover growing international interest on Arctic natural resources, globalization of extractive industries and increasing land use conflicts. It considers issues such as equity, use of knowledge, development of company practices, conflict-solving measures and the role of indigenous institutions. Focus on Indigenous peoples and Governance triangle Multidisciplinary: political science, legal studies, sociology, administrative studies, Indigenous studies Global approach: Nordic countries, Canada, Russia, Australia, New Zealand and Canada Thorough case studies, rich material and analysis The book will be of great interest to legal scholars, political scientists, experts in administrative sciences, authorities at different levels (local, regional and nations), experts in human rights and natural resources governance, experts in corporate social governance.