HUMAN RIGHTS IN NATURAL RESOURCE DEVELOPMENT: Public Participation in the Sustainable Development…

Hardcover | March 15, 2002

EditorDonald M. Zillman, Alastair Lucas, George (Rock) Pring

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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 andenvironmental-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 developmentagreements, 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 deeplyingrained 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 theoreticaland 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 internationallegal 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.

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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 andenvironmental-cultural-social protection for...

Donald M. Zillman is Godfrey Professor of Law and Interim President, University of Maine at Fort Kent. Alastair Lucas is a Professor of Law and Adjunct Professor of Environmental Science, The University of Calgary. George Pring is Professor of Law, University of Denver College of Law, and Adjunct Professor, Environmental Science and E...

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Format:HardcoverDimensions:722 pages, 9.21 × 6.14 × 1.7 inPublished:March 15, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199253781

ISBN - 13:9780199253784

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Table of Contents

Donald N. Zillman: Introduction to Public Participation in the 21st CenturyTHE BASICS OF PUBLIC PARTICIPATION LAWGeorge (Rock) Pring and Susan Y. Noe: The Emerging International Law of Public Participation Affecting Global Mining, Energy, and Resources DevelopmentBarry Barton: Underlying Concepts and Theoretical Issues in Public Participation in Resources DevelopmentINTERNATIONAL LAW PERSPECTIVES ON PUBLIC PARTICIPATIONGillian Triggs: The Rights of Indigenous Peoples to Participate in Resource Development: An International Legal PerspectivePeter Davies: Public Participation, the Aarhus Convention and the European CommunityCatherine Redgwell: The International Law of Public Participation: Protected Areas, Endangered Species and Biological DiversityPeter Cameron and Ernesto Correa: Towards the Contractual Management of Public-Participation Issues: A Review of Corporate InitiativesKEY NATIONAL AND REGIONAL PERSPECTIVES ON PUBLIC PARTICIPATION - IN THE DEVELOPED NATIONSCelia Campbell-Mohn: The Human Dimension in the 21st Century Energy and Natural Resources Development: The New Law of "Public Rights" in Private Development in the United StatesAlistair R. Lucas: Canadian Participatory Rights in Mining and Energy Resource Development: The Bridges to Empowerment?Anita Ronne: The Emphasis on Public Participation in Energy Resource Development in Denmark, and the Rights of Greenland and the Faroe IslandsOla Mestad: Rights to Public Participation in Norwegian Mining, Energy, and Resource DevelopmentMartha M. Roggenkamp: Public Participation in Sustainable Development of Energy Supply in the NetherlandsIN THE EMERGING ECONOMIESSvitlana Kravchenko: New Laws on Public Participation in the Newly Independent StatesJohn E. Bonine: The Construction of Participatory Democracy in Central and Eastern EuropeIN THE DEVELOPING WORLDYinka Omorogbe: The Legal Framework for Public Participation in Decision- making on Mining and Energy Development in Nigeria: Giving Voices to The VoicelessLila K. Barrera-Hernandez: The Legal Framework for Indigenous Peoples' and Other Public's Participation in Latin America: The Cases of Argentina, Colombia, and PeruKey Regional Perspectives on Public Participation: Mexico and Central AmericaJose Juan Gonzalez Marquez: Public Participation in the Environment: A South-East Asian PerspectiveDT Zhiguo Gao, George Akpan and Jim Vanjik: Public Participation in Mining and Petroleum in Asia and the Pacific: The Ok Tedi Case and Its ImplicationsIndex

Editorial Reviews

`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 and Taxation Review, Issue 10, Oct 2002