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Author Bhatt, Kinnari I., 1978- author

Title Concessionaires, financiers and communities : implementing indigenous peoples' rights to land in transnational development projects / Kinnari Bhatt, Erasmus University Rotterdam
Published Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2020
©2020

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Description 1 online resource (xix, 213 pages)
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
Summary "Unrelenting demands for energy, infrastructure and natural resources, the need for developing states to augment tax reserves and signal an enterprise ready attitude, mean that transnational development projects remain a go to 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? Through multiple illustrations, 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: the 'elephant in the room'"-- Provided by publisher
Notes Based on the author's thesis (doctoral)--University of Greenwich, 2016, issued under title: Rights to land, fragmentation and fairness : the problem of transnational legal governance for indigenous groups
Bibliography Includes bibliographical references and index
Notes Online resource; title from digital title page (viewed on April 02, 2020)
Subject Indigenous peoples -- Land tenure -- Developing countries
Economic development projects -- Law and legislation -- Developing countries
Land tenure -- Law and legislation -- Developing countries
Economic development projects -- Law and legislation
Indigenous peoples -- Land tenure
Land tenure -- Law and legislation
Developing countries
Form Electronic book
LC no. 2019040370
ISBN 9781108689106
1108689108
1108586570
9781108586573