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7 - Negotiating Land Outcomes

A Comparative Look at Concessionaires, Indigenous Peoples and Power

Published online by Cambridge University Press:  02 March 2020

Kinnari I. Bhatt
Affiliation:
Erasmus Universiteit Rotterdam
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Summary

This chapter extends examples of the second field of private mechanism: direct mediated agreement-making between concessionaires and indigenous groups. Through transnational examples from plural contexts in Russia, Suriname, Australia and Mongolia, I illustrate how concessionaires can plug and also worsen the lacunas in formal law through agreement-making, with mixed outcomes for indigenous communities. The findings suggest a link between the level of recognition afforded to groups in an underlying formal legal regime and the quality of agreement-making. In some cases, private mechanisms when integrated with the domestic legal framework, might address some of the problems that exist within the contemporary legal framework for development projects in Chapter 3, and provide clearer and fairer outcomes for communities. Other cases reveal negative practices around corporatised arm’s-length methods, behaviours and conditionalities through which integration is conducted. The debates in this chapter signal a new species of specialised commercial contract that merit regulation for their ability to speak to formal laws and principles of (un)fairness whilst sitting on the private plane.

Type
Chapter
Information
Concessionaires, Financiers and Communities
Implementing Indigenous Peoples' Rights to Land in Transnational Development Projects
, pp. 162 - 183
Publisher: Cambridge University Press
Print publication year: 2020

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  • Negotiating Land Outcomes
  • Kinnari I. Bhatt, Erasmus Universiteit Rotterdam
  • Book: Concessionaires, Financiers and Communities
  • Online publication: 02 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108689106.008
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  • Negotiating Land Outcomes
  • Kinnari I. Bhatt, Erasmus Universiteit Rotterdam
  • Book: Concessionaires, Financiers and Communities
  • Online publication: 02 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108689106.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Negotiating Land Outcomes
  • Kinnari I. Bhatt, Erasmus Universiteit Rotterdam
  • Book: Concessionaires, Financiers and Communities
  • Online publication: 02 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108689106.008
Available formats
×