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2021

Indigenous, Indian, and Aboriginal Law

Electronic Thesis and Dissertation Repository

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Interpreting Undrip: Exploring The Relationship Between Fpic, Consultation, Consent, And Indigenous Legal Traditions, Jeffrey Warnock Aug 2021

Interpreting Undrip: Exploring The Relationship Between Fpic, Consultation, Consent, And Indigenous Legal Traditions, Jeffrey Warnock

Electronic Thesis and Dissertation Repository

This thesis addresses an interpretive question at the heart of the discourse surrounding the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); the meaning of the principle of Free, Prior, and Informed Consent (FPIC). It argues that interpreting and implementing UNDRIP and specifically the articles requiring FPIC needs to be done in a way that meaningfully engages with and incorporates the laws of Indigenous peoples (Indigenous Legal Traditions or ILTs). This thesis explores why it is essential to discuss UNDRIP through the lens of ILTs, explores the scholarship and major interpretive schools of thought regarding FPIC, and concludes …