MECHANISMS FOR CONSULTATION AND FREE, PRIOR AND INFORMED CONSENT IN THE NEGOTIATION OF INVESTMENT CONTRACTS | Land Portal | Securing Land Rights Through Open Data

Resource information

Date of publication: 
March 2017
Resource Language: 
Pages: 
32
License of the resource: 

Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based investments, such as agricultural or forestry 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 has serious implications for requirements for meaningful consultation, and, where applicable, free, prior, and informed consent (FPIC), and is particularly important in situations in which investor-state contracts grant the investor rights to lands or resources over which the community has legitimate claims.

The paper explores how consultation and FPIC processes can be integrated into investor-state contract negotiations, taking into account the practicalities of contract negotiations, to better safeguard the land rights and human rights of members of project-affected communities. Based on a review of relevant international law standards and guidance documents, as well as a close analysis of typical investor-state negotiations and of consultation and consent processes in other contexts, the paper provides various options that may be appropriate, depending on the local context and the community’s resources and decision-making structures.

Authors and Publishers

Author(s), editor(s), contributor(s): 
SAM SZOKE-BURKE AND KAITLIN Y. CORDES
Publisher(s): 
Logo of Columbia Center on Sustainable Investment

ABOUT US

The Columbia Center on Sustainable Investment (CCSI), a joint center of Columbia Law School and the Earth Institute at Columbia University, is the only university-based applied research center and forum dedicated to the study, practice and discussion of sustainable international investment.

MISSION

Our mission is to develop practical approaches for governments, investors, communities and other stakeholders to maximize the benefits of international investment for sustainable development.

 

Data provider

Logo of Columbia Center on Sustainable Investment

ABOUT US

The Columbia Center on Sustainable Investment (CCSI), a joint center of Columbia Law School and the Earth Institute at Columbia University, is the only university-based applied research center and forum dedicated to the study, practice and discussion of sustainable international investment.

MISSION

Our mission is to develop practical approaches for governments, investors, communities and other stakeholders to maximize the benefits of international investment for sustainable development.

 

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