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Human Rights in the Extractive Industries: Transparency, Participation, Resistance

Edited by: Isabel Feichtner, Markus Krajewski, Ricarda Roesch

ISBN13: 9783030113810
Published: August 2019
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £139.99

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This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC).

The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.

Human Rights and Civil Liberties
1. Introduction (Isabel Feichtner, Markus Krajewski and Ricarda Roesch)
Part One - Transparency: 2. Implementation of the Extractive Industries Transparency Initiative (EITI) (Heidi Feldt) - 3. United States Law and Conflict Minerals (Patrick Keenan) - 4. The 2017 EU Conflict Minerals Regulation: A Promising European Rite to Remove the Natural Resource Curse? (Karsten Nowrot) - 5. Community Developments Agreements as Tools for Local Participation in Natural Resource Projects in Africa (Evaristus Oshionebo) - 6. Stabilization clauses and Human Rights: The Role of Transparency Initiatives (Sotonye Frank) - 7. Improving Tax Strategy Transparency in the Extractive Industries Sector for the Advancement of Human Rights (Wasima Khan)
Part Two - Participation: 8. The Evolving Duty to Consult and Obtain Free Prior and Informed Consent of Indigenous Peoples for Extractive Projects in the United States and Canada (Cathal Doyle) - 9. Asserting the Principle of Free, Prior and Informed Consent (FPIC) in Sub-Saharan Africa in the Extractive Industry Sector (Pacifique Manirakiza) - 10. The Corporate Responsibility to Respect Consultation Rights in the Americas: How the Inter-American System Can Better Promote Free, Prior, and Informed Consent (Carlos Ignacio de Casas) - 11. Free, Prior, and Informed Consent in the Philippines: A Fourth World Critique (Armi Beatriz Bayot) - 12. Norm Contestation and (Non-)Compliance: The Right to Prior Consultation and FPIC in the Extractive Industries (Almut Schilling-Vacaflor) - 13. State-investor Contracts and Human Rights: Taking a Critical Look at Transparency and Participation (Nora Goetzmann) - 14. Disruption and Institutional Development - Corporate Standards and Practices on Responsible Mining (Radu Mares)
Part Three - Resistance: 15. Taking Sides in Scientific Research? The Struggle for the Right to Participate in Public Decision-Making Related to a Mining Project in Brazil (Aline Rose Barbosa Pereira) - 16. Building the Case for a Home-State Grievance Mechanism: Law Reform Strategies in the Canadian Resource Justice Movement (Charis Kamphuis) - 17. Transnational Human Rights and Environmental Litigation - A Study of Case Law Relating to Shell in Nigeria (Liesbeth Enneking)