Sustainable Development Law & Policy

from June 2002
Last Number: January 2008

American University Washington College of Law
ISSN 1552-3721

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Nbr. IV-2, July 2004

Prior Informed Consent

Editors' Note

Summary of Opening Remarks

Overview Of Prior Informed Consent From An International Perspective

Introduction. Current Context. Multilateral A Greements Employing PIC. The Basel Convention. Key Considerations. Sustainable Development Law & Policy Observations. Concluding Thoughts.

Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169

Introduction. The Legal Framework Provided by ILO 169. Prior Informed Consent . Demarcation of Lands. Natural Resources. Removal and Relocation . Transfer of Land . Penalties & National Programs. He Right to Property under the American Convention . Use of "Other Treaties". Using ILO 169 to Interpret the American Convention. Precautionary and Provisional Measures. Conclusion: Demanding a Seat at the Table.

Indigenous Peoples'free Prior And Informed Consent In The Inter-American Human Rights System

Introduction. Community of Awas Tingni v. Nicaragua. Mary and Carrie Dann v. United States. Maya Communities of Southern Belize v. Belize. Implementation of Free Prior Informed Consent.

Facilitating Prior Informed Consent In The Context Of Genetic Resources And Traditional Knowledge

Introduction. Evolution of the Concept of Free Prior Informed Consent. Free Prior Informed Consent in the Context of Access to Genetic Resources. Rights of National Governments and Local Communities to Free Prior Informed Consent . Elements of Free Prior Informed Consent Related to Access to Genetic Resources . Limitations to Obtaining Free Prior Informed Consent . Lack of Certainty About Approaches to Institutional Structures, Processes, and Information. Unwillingness to Address Divisive Iss...

Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia

Introduction. Elements of Implementation. Conclusion: Achievements and Challenges.

National Implementation Of The International Prior Informed Consent Procedures Concerning Hazardous Chemicals And Wastes

Introduction. Required National Actions. Institutional Issues. Legislative Issues. Perspectives.

The Equator Principles: Improved Social Responsibility In The Private Finance Sector

Introduction. History of The Equator Principles. Components of The Equator Principles. The Preamble . The Statement of Principles. The Exhibits . Implementation and Efficacy of The Principles. Criticisms of The Principles. Effectiveness Without Enforcement Mechanisms. Self - Imposed Enforcement Mechanisms . The Principles' Effect on Indigenouspeoples. Unlikely Allies: Global Financial Institutions & Indigenous Peoples. Ensuring The Participation of Indigenous Peoples. Strengthening the Princi...

Perceived Challenges To Recognition Of Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank

Introduction. The Context of Indigenous Issues at the IADB. PIC Consultation and Participation at the IADB. Preconditions For Participation and Informed Consent. Good Practice at The Bank.

Indigenous Peoples'right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review

Introduction. The Extractive Industries Review. The EIR's Recommendations. Poverty Alleviation and Sustainable Development. Governance Criteria. Human Rights. Indigenous Peoples' Rights. Free, Prior and Informed Consent. Prior Recognition of Rights to Lands, Territories, and Resources. Compensatory Off-sets. Submarine and Riverine Tailings Disposal. Draft Operational Policy 4.10 on Indigenous Peoples. "Phase Out" of Oil and Coal by 2008. WBG Accountability/Institutional Issues. The Draft Mana...

Free, Prior And Informed Consent And The World Bank Group

From Participation to Consent. Free Prior Informed Consent. History of FPIC. The World Bank Group and "Meaningful Consultation". Codifications of Free Prior Informed Consent . Characteristics of FPIC "Prior" . "Consent" . Who appropriately represents a community?. Negotiation for FPIC. How Many Fpics Suffice?. The WBG, FPIC, and Human Rights. The World Bank Group's Policy On Human Rights. The Wbg's Cautious Progression into Human Rights. Adoption of ILO Core Principles. Current status at the ...