Human Rights in Natural Resources Development

Public Participation in the Sustainable Development of Mining and Energy Resources

By: Donald M. Zillman (Editor), Alastair Lucas (Editor), George (Rock) Pring (Editor)

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Hardcover | 4 April 2002

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Hardcover
724 Pages

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24.0 x 16.2 x 4.5

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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.

Industry Reviews

`The editors have produced a work whose value spreads well beyond natural resource law or even environmental law generally. This is certainly core reading in the environmental law field, but also contains much of interest to international lawyers and those more generally interested in public participation and self-regulation ... This work spreads well beyond standing as a focus for lawyers' interest in public participation and contains papers which draw together cross-jurisdictional themes ... In this book there is much which which will inform those engaged in developing participation.' Common Law World Review `All in all, this is a highly original volume and will be of interest to academics, developers and governments alike.' Modern Law Review `This is an innovative and manageable account of public participation rights in mining and natural resource development, although one of the major strengths of the book is its broader application to environmental decision-making in general.' Modern Law Review `The publication of this book could not be more timely ... it provides a truly innovative and interesting approach to participation.' Modern Law Review `The wealth of information contained in the book and the many references to literature enable a lawyer to assess the social feasibility of realising in a particular country the project as planned by the energy resource enterprise and the likelihood of citizens' opposition against the plans.' International Energy Law & Taxation Review, Issue 10, Oct 2002

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