Human Rights In Natural Resource Development

Description: A new human right of public participation by those affected by natural resource development is set to define major economic developments in the twenty-first century. It is a fundamental part of the international norm of 'sustainable development', designed to harmonize economic betterment and environmental-cultural-social protection for this and succeeding generations. A recognized human right since the 1940s, public participation today is assuming many different legal and political forms - citizen involvement, indigenous peoples' rights, local community rights, sustainable development agreements, public hearings, consultation, advisory councils, right to information, right to justice, decisional transfers, benefits sharing, and more. The right to be heard is a fundamental principle of public law in most of the world's legal systems, but in practice ranges from being deeply ingrained in some cultures to non-existent in others. Understanding this new human dimension in law and development is now essential not only for lawyers but also for companies, governments, international agencies, NGOs, IGOs, and citizens. This book, authored by international resources law experts from all over the world, provides the theoretical and practical guidance essential to understanding and dealing with this new development. Its first section lays out the basics of what is becoming known as public participation law - its origins, history, theories, modern sources, and future directions. The second section presents the international legal authorities. The third section analyzes the current experience and future trends in over a dozen nations and regions of critical resource development interest, from Africa, Australasia, Southeast Asia and China to Europe and North, Central, and South America. Review: All in all, this is a highly original volume and will be of interest to academics, developers and governments alike. Modern Law Review Table of Contents: Introduction to Public Participation in the 21st Century; THE BASICS OF PUBLIC PARTICIPATION LAW; The Emerging International Law of Public Participation Affecting Global Mining, Energy, and Resources Development; Underlying Concepts and Theoretical Issues in Public Participation in Resources Development; INTERNATIONAL LAW PERSPECTIVES ON PUBLIC PARTICIPATION; The Rights of Indigenous Peoples to Participate in Resource Development: An International Legal Perspective; Public Participation, the Aarhus Convention and the European Community; The International Law of Public Participation: Protected Areas, Endangered Species and Biological Diversity; Towards the Contractual Management of Public-Participation Issues: A Review of Corporate Initiatives; KEY NATIONAL AND REGIONAL PERSPECTIVES ON PUBLIC PARTICIPATION - IN THE DEVELOPED NATIONS; The Human Dimension in the 21st Century Energy and Natural Resources Development: The New Law of 'Public Rights' in Private Development in the United States; Canadian Participatory Rights in Mining and Energy Resource Development: The Bridges to Empowerment?; The Emphasis on Public Participation in Energy Resource Development in Denmark, and the Rights of Greenland and the Faroe Islands; Rights to Public Participation in Norwegian Mining, Energy, and Resource Development; Public Participation in Sustainable Development of Energy Supply in the Netherlands; NEW LAWS ON PUBLIC PARTICIPATION IN THE NEWLY INDEPENDENT STATES; The Construction of Participatory Democracy in Central and Eastern Europe; IN THE DEVELOPING WORLD; The Legal Framework for Public Participation in Decision- making on Mining and Energy Development in Nigeria: Giving Voices to The Voiceless; The Legal Framework for Indigenous Peoples' and Other Public's Participation in Latin America: The Cases of Argentina, Colombia, and Peru; Key Regional Perspectives on Public Participation: Mexico and Central America; Public Participation in Mining and Petroleum in Asia and the Pacific: The Ok Tedi Case and Its Implications; Index