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.

Examining the role human rights can play in the regulation of natural resource management, this book shines light on the duties of states and private actors when exploiting natural resources and the procedural rights of affected citizens.

With examples drawn from a wide range of economic and industrial sectors, and from both South and North, this title presents a topical exploration of struggles for accountability in development projects.

Community-based natural resource management (CBNRM) is an approach that offers multiple related benefits: securing rural livelihoods; ensuring careful conservation and management of biodiversity and other resources; and empowering communities to manage these resources sustainably. Recently, however, the CBNRM concept has attracted criticism for failing in its promise of delivering significant local improvements and conserving biodiversity in some contexts. This book identifies the flaws in its application, which often have been swept under the carpet by those involved in the initiatives. The authors analyse them, and propose remedies for specific circumstances based on the lessons learned from CBNRM experience in southern Africa over more than a decade. The result is essential reading for all researchers, observers and practitioners who have focused on CBNRM in sustainable development programmes as a means to overcome poverty and conserve ecosystems in various parts of the globe. It is a vital tool in improving their methods and performance. In addition, academics, students and policy-makers in natural resource management, resource economics, resource governance and rural development will find it a very valuable and instructive resource.

Burton dissects the irreconcilable conflict of interest within the Interior Department (between the Bureau of Reclamation and the Bureau of Indian Affairs). He also examines the methods of managing disputes in contemporary cases and offers original policy recommendations that include establishing an Indian Water Rights Commission to help with the paradoxical task now facing the federal government--restoring to tribes the water resources it earlier helped give away.