Abstract
| Language | English |
|---|---|
| Pages | 1098-1139 |
| Number of pages | 42 |
| Journal | International Journal of Human Rights |
| Volume | 23 |
| Issue number | 7 |
| Early online date | 22 Mar 2019 |
| DOIs | |
| Publication status | E-pub ahead of print - 22 Mar 2019 |
Fingerprint
Keywords
- international environmental law
- international human rights law
- indigenous peoples
- local communities
- natural resources
- biodiversity
Cite this
}
Under the radar : the role of fair and equitable benefit-sharing in protecting and realising human rights connected to natural resources. / Morgera, Elisa.
In: International Journal of Human Rights, Vol. 23, No. 7, 22.03.2019, p. 1098-1139.Research output: Contribution to journal › Article
TY - JOUR
T1 - Under the radar
T2 - International Journal of Human Rights
AU - Morgera, Elisa
PY - 2019/3/22
Y1 - 2019/3/22
N2 - This article assess the degree of cross-fertilisation of international human rights and environmental law on fair and equitable benefit-sharing in relation to the human rights of indigenous peoples and local communities over natural resources. It also explores further avenues to develop a mutually supportive interpretation by strategically analysing the interplay of international benefit-sharing obligations with environmental assessment and free prior informed consent. This will serve to substantiate four inter-linked claims. Benefit-sharing has a substantive core linked to communities’ choice and capabilities, as well as a procedural one linked to communities’ agency as part of a concerted, culturally appropriate and iterative dialogue with the State. Benefit-sharing expands considerably the scope and approach of environmental assessments and consultation practices, having the potential to move towards a transformative collaboration in light of multiple worldviews. Benefit-sharing should then be distinguished from compensation, with which it is often conflated, as it does not depend upon a violation of a right. Finally, the proposed interpretation has implications for understanding the status of fair and equitable benefit-sharing in international law, as well as for businesses’ due diligence to respect the human rights of indigenous peoples and local communities.
AB - This article assess the degree of cross-fertilisation of international human rights and environmental law on fair and equitable benefit-sharing in relation to the human rights of indigenous peoples and local communities over natural resources. It also explores further avenues to develop a mutually supportive interpretation by strategically analysing the interplay of international benefit-sharing obligations with environmental assessment and free prior informed consent. This will serve to substantiate four inter-linked claims. Benefit-sharing has a substantive core linked to communities’ choice and capabilities, as well as a procedural one linked to communities’ agency as part of a concerted, culturally appropriate and iterative dialogue with the State. Benefit-sharing expands considerably the scope and approach of environmental assessments and consultation practices, having the potential to move towards a transformative collaboration in light of multiple worldviews. Benefit-sharing should then be distinguished from compensation, with which it is often conflated, as it does not depend upon a violation of a right. Finally, the proposed interpretation has implications for understanding the status of fair and equitable benefit-sharing in international law, as well as for businesses’ due diligence to respect the human rights of indigenous peoples and local communities.
KW - international environmental law
KW - international human rights law
KW - indigenous peoples
KW - local communities
KW - natural resources
KW - biodiversity
UR - https://www.ingentaconnect.com/content/1364-2987
U2 - 10.1080/13642987.2019.1592161
DO - 10.1080/13642987.2019.1592161
M3 - Article
VL - 23
SP - 1098
EP - 1139
JO - International Journal of Human Rights
JF - International Journal of Human Rights
SN - 1364-2987
IS - 7
ER -