Law Review Articles
The following law review articles will assist a researcher in orienting relevant issues and analysis of indigenous rights and extractive operations:
George K. Foster, Community Participation in Development, 51 Vand. J. Transnat'l L. 39 (2018)
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Books
Evolution of a Corporate Idealist by
ISBN: 1937134881Publication Date: 2018-07-02There is an invisible army of people deep inside the world's biggest and best-known companies, pushing for safer and more responsible practices. They are trying to prevent the next Rana Plaza factory collapse, the next Deepwater Horizon explosion, the next Foxconn labor abuses. Obviously, they don't always succeed. Christine Bader is one of those people. She worked for and loved BP and then-CEO John Browne's lofty rhetoric on climate change and human rights--until a string of fatal BP accidents, Browne's abrupt resignation under a cloud of scandal, and the start of Tony Hayward's tenure as chief executive, which would end with the Deepwater Horizon disaster. Bader's story of working deep inside the belly of the beast is unique in its details, but not in its themes: of feeling like an outsider both inside the company (accused of being a closet activist) and out (assumed to be a corporate shill); of getting mixed messages from senior management; of being frustrated with corporate life but committed to pushing for change from within. The Evolution of a Corporate Idealist: When Girl Meets Oil is based on Bader's experience with BP and then with a United Nations effort to prevent and address human rights abuses linked to business. Using her story as its skeleton, Bader weaves in the stories of other "Corporate Idealists" working inside some of the world's biggest and best-known companies.The Politics of Resource Extraction by
ISBN: 9780230347724Publication Date: 2012-02-14International institutions (United Nations, World Bank) and multinational companies have voiced concern over the adverse impact of resource extraction activities on the livelihood of indigenous communities. This volume examines mega resource extraction projects in Australia, Bolivia, Canada, Chad, Cameroon, India, Nigeria, Peru, the Philippines.FPIC AND THE EXTRACTIVE INDUSTRIES: A guide to applying the spirit of free, prior and informed consent in industrial projects by
ISBN: 9781843699095Publication Date: March 2013Oil, gas and mining companies are increasingly aware of the need to secure the trust of local communities to gain a ‘social licence to operate’. Implementing a project without it can lead to operational delays, financial costs and litigation, or even project closure, violence and loss of life.
Free, prior and informed consent (FPIC) is an indigenous peoples’ right, established in international conventions, requiring companies to engage with local communities to agree together on how projects are implemented; it is also a crucial part of gaining the social licence to operate. There is a growing set of FPIC regulations to comply with, and responsible companies are increasingly aware that they need to have policies relating to FPIC. This paper offers guidance to those companies who are looking to engage with FPIC in a meaningful way. It focuses less on the letter of the law and more on exploring ‘the spirit of FPIC’, a deeper commitment to engage with local communities to reach shared agreement, allowing people to have a meaningful voice in deliberative decision-making processes related to their own development.
The authors offer a three-level framework of transferable principles to implement the ‘spirit of FPIC’, as well as references to the plentiful step-by-step guidance that exists on implementing FPIC. The framework is intended to challenge companies to move beyond a culture driven by minimal compliance-based thinking, towards one based on a greater understanding of the importance of stakeholder engagement practices; an understanding which should benefit business as well as communities.~ ~This publication forms part of IIED’s work to identify pathways towards inclusive and responsible mining.Earth Matters by
ISBN: 1351279661Publication Date: 2017-09-08Indigenous peoples have historically gained little from large-scale resource development on their traditional lands, and have suffered from its negative impacts on their cultures, economies and societies. During recent decades indigenous groups and their allies have fought hard to change this situation: in some cases by opposing development entirely; in many others by seeking a fundamental change in the distribution of benefits and costs from resource exploitation. In doing so they have utilised a range of approaches, including efforts to win greater recognition of indigenous rights in international fora; pressure for passage of national and state or provincial legislation recognising indigenous land rights and protecting indigenous culture; litigation in national and international courts; and direct political action aimed at governments and developers, often in alliance with non-governmental organisations (NGOs). At the same time, and partly in response to these initiatives, many of the corporations that undertake large-scale resource exploitation have sought to address concerns regarding the impact of their activities on indigenous peoples by adopting what are generally referred to as "corporate social responsibility" (CSR) policies. This book focuses on such corporate initiatives. It does not treat them in isolation, recognising that their adoption and impact is contextual, and is related both to the wider social and political framework in which they occur and to the activities and initiatives of indigenous peoples. It does not treat them uncritically, recognising that they may in some cases consist of little more than exercises in public relations. However, neither does it approach them cynically, recognising the possibility that, even if CSR policies and activities reflect hard-headed business decisions, and indeed perhaps particularly if they do so, they can generate significant benefits for indigenous peoples if appropriate accountability mechanisms are in place. In undertaking an in-depth analysis of CSR and indigenous peoples in the extractive industries, the book seeks to answer the following questions. What is the nature and extent of CSR initiatives in the extractive industries and how should they be understood? What motivates companies to pursue CSR policies and activities? How do specific political, social and legal contexts shape corporate behaviour? What is the relationship between indigenous political action and CSR? How and to what extent can corporations be held accountable for their policies and actions? Can CSR help bring about a fundamental change in the distribution of benefits and costs from large-scale resource exploitation and, if so, under what conditions can this occur? Earth Matters gathers key experts from around the world who discuss corporate initiatives in Alaska, Ecuador, Australia, Canada, Peru, Papua New Guinea, Indonesia and Russia. The book explores the great diversity that characterises initiatives and policies under the name of "corporate social responsibility", the highly contingent and contextual nature of corporate responses to indigenous demands, and the complex and evolving nature of indigenous-corporate relations. It also reveals much about the conditions under which CSR can contribute to a redistribution of benefits and costs from large-scale resource development. Earth Matters will be essential reading for those working in and studying the extractive industry worldwide, as well as those readers looking for a state-of-the-art description of how CSR is functioning in perhaps its most difficult setting.Corporate Social Responsibility and the Paradoxes of State Capitalism by
ISBN: 9781800738737Publication Date: 2023-05-12Through a series of case studies in diverse regions of the world, this book explores how transnational Norwegian energy and extractive industries handle corporate social responsibility (CSR) when operating abroad in places such as China, Brazil, and Turkey. With significant state ownership and embeddedness in the Nordic societal model, Norwegian capitalism is often represented as "benign" or ethical. By tracing CSR policy and practice--from headquarters to operations--this volume critically explores the workings of Norwegian corporate capitalism and its engagement with key issues of responsibility, accountability, and sustainability.