The right of indigenous peoples under international human rights
law to give or withhold their Free Prior and Informed Consent
(FPIC) to natural resource extraction in their territories is
increasingly recognized by intergovernmental organizations,
international bodies, and industry actors, as well as in the
domestic law of some States. This book offers a comprehensive
overview of the historical basis and status of the requirement for
indigenous peoples' consent under international law, examining its
relationship with debates and practice pertaining to the
acquisition of title to territory throughout the colonial era.
Cathal Doyle examines the evolution of the contemporary concept of
FPIC and the main challenges and debates associated with its
recognition and implementation. Drawing on existing jurisprudence
and evolving international standards, policies and practices, Doyle
argues that FPIC constitutes an emerging norm of international law,
which is derived from indigenous peoples' self-determination,
territorial and cultural rights, and is fundamental to their
realization. This rights consistent version of FPIC guarantees that
the responses to questions and challenges posed by the extractive
industry's increasingly pervasive reach will be provided by
indigenous peoples themselves. The book will be of great interest
and value to students and researchers of public international law,
and indigenous peoples and human rights.
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