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The Impact of Corporate Actors on Indigenous Land Rights: Meeting the Challenges of Designing Human Rights Responsibilities.
- Source :
-
Law & Society . 2007 Annual Meeting, p1. 0p. - Publication Year :
- 2007
-
Abstract
- This article addresses the specific challenges to designing human rights responsibilities for corporate actors involved in collaborative ventures with states that impact indigenous land rights. The article posits that the land rights of indigenous peoples that have been articulated in the context of state responsibility under international law could nevertheless serve as a source for designing the substance of corporate actors' responsibilities. However, the article identifies and analyzes two primary challenges to designing corporate responsibility with respect to indigenous land rights. The first challenge involves articulating the substantive nature of the corporate responsibility vis-à-vis the responsibility of the joint state actor. The second challenge entails articulating the nature of the corporate responsibility in accordance with the corporate form. The first challenge requires an analysis of theories of collaborative responsibility that would accurately reflect the relationship of liability between the joint state and corporate actors. The second challenge requires an analysis of the uniqueness of the business form vis-à-vis the imposition of human rights responsibilities. More broadly, this article examines the appropriate role of international law in responding to the land and resource claims of indigenous peoples vis-à-vis corporate actors. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
Details
- Language :
- English
- Database :
- Academic Search Index
- Journal :
- Law & Society
- Publication Type :
- Conference
- Accession number :
- 26985560