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Human Rights in Natural Resource Development
Public Participation in the Sustainable Development of Mining and Energy Resources

Edited by Donald N. Zillman, Alistair Lucas, and George Pring

Price: £105.00 (hardback)
ISBN-13: 978-0-19-925378-4
Publication date: 4 April 2002
728 pages, 234x156 mm
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Reviews
  • 'All in all, this is a highly original volume and will be of interest to academics, developers and governments alike.' - Modern Law Review

Description
  • The first comprehensive examination and explanation of the new human right of public participation in government decision-making in natural resource development
  • With the great increase in both human rights and resource development this subject is set to assume fundamental importance in the coming years
  • Combines an international overview with chapters which show the contrasting scope of these rights in the developed and developing world
A new human right of public participation by those affected by natural resource development is set to define major economic developments in the twenty-first century. It is a fundamental part of the international norm of 'sustainable development', designed to harmonize economic betterment and environmental-cultural-social protection for this and succeeding generations. A recognized human right since the 1940s, public participation today is assuming many different legal and political forms - citizen involvement, indigenous peoples' rights, local community rights, sustainable development agreements, public hearings, consultation, advisory councils, right to information, right to justice, decisional transfers, benefits sharing, and more. The right to be heard is a fundamental principle of public law in most of the world's legal systems, but in practice ranges from being deeply ingrained in some cultures to non-existent in others.

Understanding this new human dimension in law and development is now essential not only for lawyers but also for companies, governments, international agencies, NGOs, IGOs, and citizens. This book, authored by international resources law experts from all over the world, provides the theoretical and practical guidance essential to understanding and dealing with this new development. Its first section lays out the basics of what is becoming known as public participation law - its origins, history, theories, modern sources, and future directions. The second section presents the international legal authorities. The third section analyzes the current experience and future trends in over a dozen nations and regions of critical resource development interest, from Africa, Australasia, Southeast Asia and China to Europe and North, Central, and South America.




Contents
Introduction to Public Participation in the 21st Century , Donald N. Zillman
THE BASICS OF PUBLIC PARTICIPATION LAW
The Emerging International Law of Public Participation Affecting Global Mining, Energy, and Resources Development , George (Rock) Pring & Susan Y. Noe
Underlying Concepts and Theoretical Issues in Public Participation in Resources Development , Barry Barton
INTERNATIONAL LAW PERSPECTIVES ON PUBLIC PARTICIPATION
The Rights of Indigenous Peoples to Participate in Resource Development: An International Legal Perspective , Gillian Triggs
Public Participation, the Aarhus Convention and the European Community , Peter Davies
The International Law of Public Participation: Protected Areas, Endangered Species and Biological Diversity , Catherine Redgwell
Towards the Contractual Management of Public-Participation Issues: A Review of Corporate Initiatives , Peter Cameron & Ernesto Correa
KEY NATIONAL AND REGIONAL PERSPECTIVES ON PUBLIC PARTICIPATION - IN THE DEVELOPED NATIONS
The Human Dimension in the 21st Century Energy and Natural Resources Development: The New Law of "Public Rights" in Private Development in the United States , Celia Campbell-Mohn
Canadian Participatory Rights in Mining and Energy Resource Development: The Bridges to Empowerment? , Alistair R. Lucas
The Emphasis on Public Participation in Energy Resource Development in Denmark, and the Rights of Greenland and the Faroe Islands , Anita Ronne
Rights to Public Participation in Norwegian Mining, Energy, and Resource Development , Ola Mestad
Public Participation in Sustainable Development of Energy Supply in the Netherlands , Martha M. Roggenkamp
IN THE EMERGING ECONOMIES New Laws on Public Participation in the Newly Independent States , Svitlana Kravchenko
The Construction of Participatory Democracy in Central and Eastern Europe , John E. Bonine
IN THE DEVELOPING WORLD
The Legal Framework for Public Participation in Decision- making on Mining and Energy Development in Nigeria: Giving Voices to The Voiceless , Yinka Omorogbe
The Legal Framework for Indigenous Peoples' and Other Public's Participation in Latin America: The Cases of Argentina, Colombia, and Peru , Lila K. Barrera-Hernandez
Key Regional Perspectives on Public Participation: Mexico and Central America Public Participation in the Environment: A South-East Asian Perspective , José Juan González Márquez
Public Participation in Mining and Petroleum in Asia and the Pacific: The Ok Tedi Case and Its Implications , DT Zhiguo Gao, George Akpan & Jim Vanjik
Index

Authors, editors, and contributors


Edited by Donald N. Zillman, Professor of Law and Interim President, University of Maine, Fort Kent,
Alistair Lucas, Professor of Law and Adjunct Professor of Environmental Science, University of Calgary, and
George Pring, Professor of Law, University of Denver College of Law


Links to web resources and related information
More in the same subject area:
International law
International human rights law
International environmental law
Sustainability
Human rights
Geopolitics
Development economics

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