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Full-Text Articles in Law

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Cordes Jan 2020

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Cordes

Northwestern Journal of International Law & Business

Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.

This article explores how ...


We Need Protection From Our Protectors: The Nature, Issues, And Future Of The Federal Trust Responsibility To Indians, Daniel I.S.J. Rey-Bear, Matthew L.M. Fletcher Apr 2017

We Need Protection From Our Protectors: The Nature, Issues, And Future Of The Federal Trust Responsibility To Indians, Daniel I.S.J. Rey-Bear, Matthew L.M. Fletcher

Michigan Journal of Environmental & Administrative Law

The federal trust responsibility to Indians essentially entails duties of good faith, loyalty, and protection. While often thought of as unique to federal Indian policy, it developed from and reflects common law principles of contracts, property, trusts, foreign relations/international law, and constitutional law. However, several issues preclude a greater understanding and implementation of the federal trust responsibility. These include Executive Branch efforts to avoid liability, neocolonial judicial activism, and episodic congressional attention. Enactment of legislation to reaffirm and modernize the federal trust responsibility through greater self-determination, integration, elevation, oversight, and funding should help overcome these issues to improve federal ...


Just Say The "Magic Words": Advocating An Arbitration Clause Should Be Held To An Express Waiver Standard For The Doctrine Of Indian Sovereign Immunity--C&L Enterprises V. Citizen Band Potawatomi Indian Tribe, Jeremy Clinefelter Jan 2001

Just Say The "Magic Words": Advocating An Arbitration Clause Should Be Held To An Express Waiver Standard For The Doctrine Of Indian Sovereign Immunity--C&L Enterprises V. Citizen Band Potawatomi Indian Tribe, Jeremy Clinefelter

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 1998 Native American Law Student Association Moot Court Competition, Elaine Smith, Angelina Okuda-Jacobs Jan 1998

Winner, Best Appellate Brief In The 1998 Native American Law Student Association Moot Court Competition, Elaine Smith, Angelina Okuda-Jacobs

American Indian Law Review

No abstract provided.