Public Law Studies Quarterly

The Effects of Developmental Investments on the Rights of Indigenous Peoples

Document Type : Article

Authors

Ahmad Momenirad 1
Sasan Yousefi 2

1 Associate Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 .D. Student in Public International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

https://doi.org/10.22059/jplsq.2021.329145.2864
Abstract
Indigenous rights are a set of rights that take the indigenous peoples particular situation into consideration and define certain standards to preserve their lives, territories, languages, religions, and other cultural heritage, all of which constitute their identity. The present paper raises the question whether investment in development plans and projects threatens the rights of indigenous peoples or not? If so, which rights are threatened by them, and what are the bases for such claims in international law? Furthermore, what is the solution for balancing the rights of the indigenous people and the rights of the investor? This study, by examining the 1989 ILO Convention No. 169 (Indigenous and Tribal Peoples Convention) and the 2007 United Nations Declaration on the Rights of Indigenous Peoples, seeks to propose that development and investment programs affecting the indigenous peoples must be implemented after consulting with them and in accordance with the rights specified in legal instruments. The study will also propose ways to balance the rights of the indigenous peoples and the rights of the investors.

Keywords

indigenous rights
investment
investors' rights
indigenous and tribal peoples convention
United Nations Declaration on the Rights of Indigenous

  1. انگلیسی

    1. A) Books
    2. Dale, Brigt., Bay-Larsen, Ingrid., Skorstad, Berit (Eds.). (2018), The Will to Drill-Mining in Arctic Communites, Springer International Publishing.
    3. Di Blase, A., & Vadi, V. (Eds.). (2020), The Inherent Rights of Indigenous Peoples in International Law, Vol. 3, Roma TrE-Press.

     

    1. B) Articles
    2. Gilbert, Jérémie; Lennox, Corinne (2019), "Towards new development paradigms: the United Nations Declaration on the Rights of Indigenous Peoples as a tool to support self-determined development", The International Journal of Human Rights, Vol.23, No.1-2, pp.104-124.
    3. Lenzerini, Federico (2014), " Foreign Investment in the Energy Sector and Indigenous Peoples", in: Brabandere, E. De & Gazzini, T. (eds.), Rights. In Foreign Investment in the Energy Sector, Brill Nijhoff, pp. 192-215
    4. Levine, Judith (2017). "The interaction of international investment arbitration and the rights of indigenous peoples. is a peer-review online journal publishing about various aspects of international arbitration with a special focus on investment arbitration. ", Vol.14, No.1, pp. 106-128.
    5. Madariaga Cuneo, annual Meeting of the American Association of Law Libraries (2020), "ILO Convention 169 in the inter-American human rights system: consultation and consent", The International Journal of Human Rights, Vol.24, No.2-3, pp.257-264.
    6. Perkins, Steven C (2002), "Researching Indigenous Peoples' Rights Under International Law", pp. 1-34.
    7. Tauli-Corpuz, V. L. (2016), "Mandate of the Special Rapporteur on the rights of indigenous peoples. Letter to the Australian Government", Vol.29, pp. 1-20.
    8. Wilson, Emma (2019), "What is Benefit Sharing? Respecting Indigenous rights and addressing inequities in Arctic resource projects. Resources", Vol.8, No.2, 74, pp. 1-23

     

    1. C) Documents
    2. Indigenous and tribal peoples convention 1989
    3. International Covenant on Civil and Political Rights 1966
    4. International Covenant on Economic, Social and Cultural Rights
    5. The Universal Declaration of Human Rights 1948.
    6. United Nations Declaration on the Rights of Indigenous Peoples2007

     

    1. D) Cases
    2. ICJ, Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, Advisory Opinion, 2019

     

    Refrences In Persian:

    1. A) Books
    2. Mafi,H. (2018), Collection of Rules and Regulations of International law, Tehran: Majd, ISBN:978-600-193-108-6 (In Persian).
    3. Rezaipour,F.(2013), Indegenous and Local Communitties Under International Law, Tehran: Majd, ISBN:978-600-193-140-6 (In Persian).

     

    1. B) Articles
    2. Mohammadzadeh Lajevardi, M and other. (2019), “Consultation of indigenous peoples in international law, based on a case study”, Political and International Researches Quarterly, Vol.10, No.39, pp.87-108 (In Persian).
    3. Nory, J, Teymori, Z.(2018), “The Role of the Oil and Gas Industry in Limiting the Rights of Indigenous Peoples to Land and Cultural Properties”, Public Law Studies Quarterly, Vol.48, No.2, pp.301-317 (In Persian).
    4. Ranjbarian, A. H, Saeedi, M. (2016), “Safeguarding the indigenous people’s intangible cultural heritage: In search for the most appropriate legal approach”, Public Law Studies Quarterly, Vol.46, No.4, pp.907-928 (In Persian).
Public Law Studies Quarterly
Volume 53, Issue 3 - Serial Number 35
Autumn 2023
Autumn 2023
Pages 1401-1421

  • Receive Date 22 August 2021
  • Revise Date 29 October 2021
  • Accept Date 26 December 2021

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