Concessionaires, financiers and communities : implementing indigenous peoples' rights to land in transnational development projects / Kinnari I. Bhatt.

Format:

Book

Author/Creator:

Bhatt, Kinnari I., 1978- author.

Language:

English

Subjects (All):

Indigenous peoples--Land tenure--Developing countries.

Indigenous peoples.

Economic development projects--Law and legislation--Developing countries.

Economic development projects.

Land tenure--Law and legislation--Developing countries.

Land tenure.

Land tenure--Law and legislation.

Economic development projects--Law and legislation.

Indigenous peoples--Land tenure.

Developing countries.

Physical Description:

1 online resource (xix, 213 pages) : digital, PDF file(s)

Other Title:

Concessionaires, Financiers & Communities

Place of Publication:

Cambridge : Cambridge University Press, 2020.

System Details:

text file

PDF

Summary:

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.

Contents:

Preface : The Bigger Picture

Development Projects, Indigenous Peoples' Land Rights and Rights Implementation

Characteristics of Indigenous Peoples and Development Projects

In the Shadows of the Operational Development Project : Coping Strategies, Lacunas and Fragmentation in the Formal Legal Framework

Bridging the Gap through the Elephant in the Room? : Private Mechanisms and Behaviours for Implementing Indigenous Peoples' Rights

Discretion, Delegation, Fragmentation and Opacity: Impacts of Financing : Mechanisms in Mongolia and Panama

Pricing for Poverty: Project Finance, Power Purchase Agreements and Structural Inequities in Uganda

Negotiating Land Outcomes : A Comparative Look at Concessionaires, Indigenous Peoples and Power

Moving forward.

Notes:

Title from publisher's bibliographic system (viewed on 05 Mar 2020).

Other Format:

Print version:

ISBN:

9781108689106

Access Restriction:

Restricted for use by site license.