Projects per year
Abstract
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.
Original language | English |
---|---|
Pages (from-to) | 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 |
Keywords
- international environmental law
- international human rights law
- indigenous peoples
- local communities
- natural resources
- biodiversity
Fingerprint
Dive into the research topics of 'Under the radar: the role of fair and equitable benefit-sharing in protecting and realising human rights connected to natural resources'. Together they form a unique fingerprint.Profiles
Projects
- 1 Finished
Research output
- 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 mining
Marchegiani, 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-review
Open AccessFile3 Citations (Scopus)8 Downloads (Pure)