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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
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Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 1 to 5 of 5 (0.078 seconds)Spelling suggestions: "subject:"prior anda informed consent (FPIC)"" "subject:"prior anda informed eonsent (FPIC)""
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FPIC right of indigenous people and local communities in resource development: lessons from the Inter-American jurisprudenceSongi, O., Enenifa, J.A., Chinda, J.K., Olokotor, Prince N.C., Topman, V. 09 January 2020 (has links)
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Does Free, Prior and Informed Consent ensure self-determination? : A relational approach to mining activities and indigenous communities in northwestern ArgentinaHöglund Hellgren, Jasmin January 2018 (has links)
Over the last decades the struggle for indigenous rights has accomplished great achievements within international law. In relation to development projects and resource extraction on indigenous lands, the principle of Free, Prior and Informed Consent (FPIC) has gained increased recognition and is today expressed as an important instrument to realize indigenous peoples’ right to self-determination. Nevertheless, empirical evidence have identified power asymmetries as one of the major obstacles for effective and meaningful FPIC implementation. This study investigates how power asymmetries emerge and affect the right to self-determination through the four FPIC requirements. Based on field research and by applying a relational approach, the study investigates a case of mining activities in northwestern Argentina where indigenous communities currently experience an increased interest in lithium deposits on their lands from transnational corporations. The study shows how relations characterized by dependency and clientelism create a situation where actors hold unequal power positions which permeate all FPIC requirements severely undermining the principle’s potential to fulfill its purpose. Lastly, based on the findings the study argues substantial underpinnings in terms of necessary preconditions are needed if FPIC are to be able to ensure self-determination.
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La participation des peuples autochtones à l’évaluation d’impact au Canada : au-delà du consentement, une conception de l’autorité décisionnelleChabot-Martin, Camille 08 1900 (has links)
Ce mémoire vise à mieux comprendre les débats politiques concernant la participation des peuples autochtones à la prise de décision en matière de développement du territoire et des ressources dans le contexte de l’évaluation d’impact au Canada. Si l’évaluation d’impact est perçue comme un mécanisme au sein duquel se matérialisent les droits autochtones (dont l’obligation de consulter de la Couronne), les principaux acteurs de ces processus (gouvernement fédéral, promoteurs des projets et groupes autochtones) ne semblent pas s’entendre sur la signification et la portée des normes en matière de participation autochtone, en particulier sur le consentement préalable, libre et éclairé (CPLE). Par une analyse du discours de ces intervenants dans le cadre des travaux parlementaires menant à l’adoption de la Loi sur l’évaluation d’impact (2019), cette recherche révèle trois conceptions principales de la place des Autochtones dans les processus de prise de décision de l’évaluation d’impact : procédurale, partenariale et fondée sur l’autodétermination.
Ce mémoire met aussi en évidence d’importantes différences en ce qui concerne les attentes face au modèle de participation et plus spécifiquement sur l’interprétation du CPLE. Ces différences reposent en grande partie sur la façon dont ceux-ci conçoivent l’autorité décisionnelle en matière de gouvernance territoriale au Canada. Pour les intervenants gouvernementaux et autochtones, les conceptions en matière de participation et d’autorité décisionnelle s’appuient sur des fondements juridiques. En revanche, pour l’industrie, la justification de la participation des Autochtones est davantage de nature économique et liée à son impact sur l’approbation des projets. / This thesis aims to better understand the political debates regarding Indigenous peoples’ participation in land and resource decision-making in the context of impact assessment in Canada. While impact assessment is viewed as a mechanism through which Indigenous rights (including the Crown's duty to consult) are realized, the actors in these processes (federal government authorities, project promoters and indigenous groups) do not seem to agree on the meaning and scope of Indigenous participation norms, notably regarding free, prior and informed consent (FPIC). Through discourse analysis of these actors within the framework of the parliamentary work leading to the adoption of the Impact Assessment Act (2019), this research reveals three main conceptions of the place of Indigenous peoples in impact assessment decision-making processes: procedural, partnership and based on self-determination.
This thesis also highlights important differences in terms of expectations regarding the type of participation and more specifically on FPIC interpretations. These differences are largely based on how they conceive decision-making authority in matters of territorial governance in Canada. For the government and the Indigenous actors, notions of participation and decision-making authority are based on legal foundations. In contrast, for the industry, the rationale behind Indigenous participation is rather economic and linked to its impact on project approval.
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“Accumulation by Dispossession” by the Global Extractive Industry: The Case of CanadaKinuthia, Wanyee 13 November 2013 (has links)
This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
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“Accumulation by Dispossession” by the Global Extractive Industry: The Case of CanadaKinuthia, Wanyee January 2013 (has links)
This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
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