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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.
- international environmental law
- international human rights law
- indigenous peoples
- local communities
- natural resources
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- 1 Finished
1/07/16 → 31/10/18
- 4 Citations
- 1 Article
Indigenous peoples' rights to natural resources in Argentina: the challenges of impact assessment, consent and fair and equitable benefit-sharing in cases of lithium miningMarchegiani, P., Morgera, E. & Parks, L., 19 Sep 2019, (Accepted/In press) In: International Journal of Human Rights. 24, 2-3, p. 224-240 17 p.
Research output: Contribution to journal › Article › peer-reviewOpen AccessFile