Kinnari I. Bhatt

Concessionaires, Financiers and Communities (eBook, PDF)

Implementing Indigenous Peoples' Rights to Land in Transnational Development Projects

• Format: PDF

Produktbeschreibung

Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an 'enterprise-ready' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples' rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 19. März 2020
• Englisch
• ISBN-13: 9781108586573
• Artikelnr.: 66178014

Autorenporträt

Kinnari I. Bhatt is a post-doctoral researcher at Erasmus Universiteit Rotterdam. She worked as a project finance lawyer with leading global law firms White and Case and Milbank, Tweed Hadley and McCloy in London and Asia and acted as a legal adviser to the Ministry of Mineral Resources in Sierra Leone. She advises NGOs on issues of equitable natural resource management and has taught courses on legal aspects of international finance and project finance at the University of East Anglia and University College London.

Inhaltsangabe

1. Development projects, Indigenous peoples' land rights and rights
implementation; 2. Characteristics of indigenous peoples and development
projects; 3. In the shadows of the operational development project: coping
strategies, lacunas and fragmentation in the formal legal framework; 4.
Bridging the gap through the elephant in the room? Private mechanisms and
behaviours for implementing Indigenous peoples' rights; 5. Discretion,
delegation, fragmentation and opacity: impacts of financing mechanisms in
Mongolia and Panama; 6. Pricing for poverty: project finance, power
purchase agreements and structural inequities in Uganda; 7. Negotiating
land outcomes: a comparative look at concessionaires, Indigenous peoples
and power; 8. Moving forward.