2025· Contested Consultations in the Extractive Industries· pp. 81-91· 0 citations· 19 references
Abstract
This chapter uses discussion of the complexities of possible transition from legal requirements of consultation to legal requirements of consent in Indigenous rights contexts in Canada to help to shed light on the contested concept of meaningful consultation. A transition from the legal doctrine concerning the duty to consult potentially impacted rights-bearing Indigenous communities in advance of a government decision to a requirement based on the international FPIC (free, prior, and informed consent) concept is more complex than it first appears. There are significant conceptual differences between the concepts, they operate best within differing policy frameworks, and they involve different preconditions in terms of the communities engaging in consultation or offering consent. The chapter uses these differences to help to flesh out the concept of consultation, highlighting aspects of stakeholder consultation and stakeholder consent that might otherwise escape attention.
The impact of globalisation should go beyond trading and commerce. With increasing population mobility, the impact of globalisation can also affect health and well-being. The determinants of health require stronger, mutually reinforcing linkages between law and health . Different jurisdictions have their own sets of la...
Albert Lee· Medicine and law : an intern...· 0 citations
A sustainable society within planetary limits requires structural changes. A right to care can be an important contribution for this transition. This article analyses how labour law could contribute to recognising and implementing a right to care. It focuses on individual rights to flexibility in the workplace. Example...
This article explores how the Right to Development can serve as a normative and procedural framework for reorienting International Investment Law (IIL) toward greater human rights compliance. Focusing on the foundational principle of the Right to Development, i. e. public participation, it proposes a Right to Developme...
Muhammad Asif Khan· Zeitschrift für ausländische...· 0 citations
Abstract One of the grand challenges of the digital society is safeguarding data disclosure. Despite protective regulations, most end-users are unable to manage their individual consent properly due to the overwhelming complexity of disclosure interactions. Design research could help resolve these issues, but doing so...
Aniek R. Kempeneers, Lianne W. L. Simonse· The Information Society· 0 citations
This article examines the legal framework governing mediation in primary courts in Tanzania, with particular reference to Ilala District. Mediation has emerged as a vital mechanism for dispute resolution, offering parties an alternative to traditional litigation. The study analyzes the statutory provisions, procedural...
Happyness Moses· University of Nairobi Law Jo...· 0 citations
Ethical considerations are central to evaluation practice, both in formal approval processes and in the everyday realities of managing relationships, power, and integrity. Even evaluators adept at meeting procedural ethics requirements and complying with formal expectations such as those expressed in policies and guide...
Kristy Hornby, S. Main, Su-Ann Drew et al.· Evaluation Journal of Austra...· 0 citations
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