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.
TABLE OF CONTENTS
Feichtner Isabel (et al.), Introduction
Feldt Heidi, The Extractive Industries Transparency Initiative (EITI) as a Human Rights Instrument: Potentials and Shortcomings
Keenan Patrick J., United States Law and Conflict Minerals
Nowrot Karsten, The 2017 EU Conflict Minerals Regulation: A Promising European Rite to Remove the Natural Resource Curse?
Oshionebo Evaristus, Community Development Agreements as Tools for Local Participation in Natural Resource Projects in Africa
Frank Sotonye, Stabilization Clauses and Human Rights: The Role of Transparency Initiatives
Khan Wasima, Improving Tax Strategy Transparency in the Extractive Industries Sector for the Advancement of Human Rights
Doyle Cathal M., The Evolving Duty to Consult and Obtain Free Prior and Informed Consent of Indigenous Peoples for Extractive Projects in the United States and Canada
Manirakiza Pacifique, Asserting the Principle of Free, Prior and Informed Consent (FPIC) in Sub-Saharan Africa in the Extractive Industry Sector
de Casas C. Ignacio, The Corporate Responsibility to Respect Consultation Rights in the Americas: How the Inter-American System Can Better Promote Free, Prior, and Informed Consent
Bayot Armi Beatriz E., Free, Prior, and Informed Consent in the Philippines: A Fourth World Critique
Schilling-Vacaflor Almut, Norm Contestation and (Non-)Compliance: The Right to Prior Consultation and FPIC in the Extractive Industries
Götzmann Nora, State-Investor Contracts and Human Rights: Taking a Critical Look at Transparency and Participation
Mares Radu, Disruption and Institutional Development: Corporate Standards and Practices on Responsible Mining
Barbosa Pereira Aline Rose, Taking Sides in Scientific Research? The Struggle for the Right to Participate in Public Decision-Making Related to a Mining Project in Brazil
Kamphuis Charis, Building the Case for a Home-State Grievance Mechanism: Law Reform Strategies in the Canadian Resource Justice Movement
Enneking Liesbeth F. H., Transnational Human Rights and Environmental Litigation: A Study of Case Law Relating to Shell in Nigeria
Isabel FEICHTNER, Markus KRAJEWSKI, Ricarda ROESCH (eds.), Human Rights in the Extractive Industries: Transparency, Participation, Resistance, Cham, Springer International Publishing, 2019 (551 pp.)
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