Under the radar
The Role of Fair and Equitable Benefit-Sharing in Protecting and Realising Human Rights Connected to Natural Resources
Bibliographic Data
| ID | 5847715 |
|---|---|
| Authors | Elisa Morgera (0000-0002-5234-8784, University of Strathclyde, corresponding author) |
| Year | 2019 |
| Volume | 23 |
| Issue | 7 |
| Pages | 1098-1139 |
| Publication date | 2019-03-22 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The International Journal of Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 1364-2987 • E-ISSN: 1744-053X |
| Publisher | Routledge (PUBLISHER • GB) |
| DOI | 10.1080/13642987.2019.1592161 |
| OpenAlex | W2922922265 |
| Language | EN |
| Citations received | 8 |
| References cited | 5 |
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
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Redd+ benefit sharing in Ethiopia
Seeking Consent? The Legal Challenges in Consulting Indigenous Peoples for Hydroelectric Dam Projects
The right to water for food and agriculture
Local knowledges and the right to participate in science
The fraught legacy of the Common Heritage of Humankind principle for equitable ocean policy
After biosovereignty
Inclusive Space Law
| Unique citing works | 8 |
|---|---|
| Citations per year | 1,33 |
| Citation span | 2020 - 2025 (6) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 8 |