A LEGAL ASSESSMENT OF THE EFFICACY OF CONSULTATION WITH INDI IBD

Sinopse

Thisábookáoffersáa novel perspectiveáonáconsultationáwith indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introducesáaámulti-dimensional perspective onáconsultation understoodáto includeáself-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevantáliterature, international treaties and supplementary information gained fromáexpertáinterviews. This supports theáworkâÇÖsábroader objective to explore legal facts as well asátoáevaluateátheáempiricaláevidenceáin light ofátheoretical considerations.áIt therebyáexpandsáthe understanding of consultation as a right under national legal systemsáand considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy.áThe conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. Theábookáputs forward a range of recommendations directed atánational authorities, international organizations, development lenders and civil society to help improve theáunsatisfactory present circumstances.áThe intendedáaudienceáencompasses legal scholars, students, practitioners and journalists, as well as anyoneáinterested in research on the realization of indigenous peoplesâÇÖ rights and the role of international law in the 21st century.á