Under the radar

The Role of Fair and Equitable Benefit-Sharing in Protecting and Realising Human Rights Connected to Natural Resources

Datos Bibliográficos

ID5847715
AutoresElisa Morgera (0000-0002-5234-8784, University of Strathclyde, autor de correspondencia)
Año2019
Volumen23
Número7
Páginas1098-1139
Fecha de publicación2019-03-22
Peer ReviewedSí
Open AccessNo
TipoARTICLE
RevistaThe International Journal of Human Rights (JOURNAL)
Identificadores de la revistaISSN: 1364-2987 • E-ISSN: 1744-053X
EditorialRoutledge (PUBLISHER • GB)
DOI10.1080/13642987.2019.1592161
OpenAlexW2922922265
IdiomaEN
Citas recibidas8
Referencias citadas5

This article assess the degree of cross-fertilisation of international human rights and environmental law on fair and equitable benefit-sharing in relation to the human rights of indigenous peoples and local communities over natural resources. It also explores further avenues to develop a mutually supportive interpretation by strategically analysing the interplay of international benefit-sharing obligations with environmental assessment and free prior informed consent. This will serve to substantiate four inter-linked claims. Benefit-sharing has a substantive core linked to communities' choice and capabilities, as well as a procedural one linked to communities' agency as part of a concerted, culturally appropriate and iterative dialogue with the State. Benefit-sharing expands considerably the scope and approach of environmental assessments and consultation practices, having the potential to move towards a transformative collaboration in light of multiple worldviews. Benefit-sharing should then be distinguished from compensation, with which it is often conflated, as it does not depend upon a violation of a right. Finally, the proposed interpretation has implications for understanding the status of fair and equitable benefit-sharing in international law, as well as for businesses' due diligence to respect the human rights of indigenous peoples and local communities

Environmental law and policy · Human Rights and Development · Mining and Resource Management