Preface: The Bigger Picture |
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xi | |
Acknowledgements |
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xviii | |
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1 Development Projects, Indigenous Peoples' Land Rights and Rights Implementation |
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1 | (22) |
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1 Contextualising the Interface between Development Projects and Indigenous Peoples' Land Rights |
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1 | (6) |
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7 | (2) |
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3 Linking Project Finance and Indigenous Peoples' Land Rights |
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9 | (3) |
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12 | (5) |
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17 | (6) |
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5.1 Fragmentation and (In)Visibility |
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18 | (1) |
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5.2 Power(lessness), Delegation and Priority |
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18 | (1) |
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5.3 Fairness and Predictability in the Rule of Law |
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19 | (1) |
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5.4 Integration as Part of Remedy |
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20 | (3) |
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2 Characteristics of Indigenous Peoples and Development Projects |
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23 | (23) |
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23 | (1) |
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2 On Transnational Development Projects |
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24 | (22) |
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2.1 Algorithmic, Boilerplate, For-Profit Structures |
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25 | (1) |
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2.2 The Special Role of Financial Actors: Delegating Safeguarding Policies and the Interface with Rights |
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26 | (13) |
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2.3 Diminished Role of the State |
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39 | (7) |
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46 | (37) |
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3 In the Shadows of the Operational Development Project: Coping Strategies, Lacunas and Fragmentation in the Formal Legal Framework |
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52 | (1) |
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1 Summarising the Implementation Gap and Values in the Formal Legal Framework |
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52 | (2) |
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2 Legal Strategies for Implementing Free, Prior and Informed Consent |
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54 | (3) |
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3 Challenges around Implementing Consultation Strategies |
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57 | (5) |
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3.1 Lack of Indigenous Veto and Legal Priority to Development |
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57 | (2) |
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3.2 Powerful Interests Fragmenting Legal Rights |
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59 | (3) |
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4 Unveiling Legal Values on Implementing Rights to Property through Jurisprudential Strands |
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62 | (6) |
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4.1 A Disingenuous Approach to Aboriginal Rights and Tide |
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62 | (3) |
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4.2 A Neoliberal Approach to the Development of Aboriginal Rights |
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65 | (3) |
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5 Underdeveloped Compensation Strategies |
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68 | (1) |
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69 | (2) |
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7 Deficits in Legal Accountability for Private Actors in Transnational Development Projects |
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71 | (6) |
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8 Lost in the Space of International Law: The UN Guiding Principles, Transnational Development Projects and Fragmented Private Due Diligence |
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77 | (6) |
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4 Bridging the Gap through the Elephant in the Room? Private Mechanisms and Behaviours for Implementing Indigenous Peoples' Rights to Land |
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83 | (40) |
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1 An Introduction to Private Mechanisms in Development Projects |
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83 | (5) |
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1.1 The Effectiveness of Private Mechanisms in Two Fields |
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84 | (3) |
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1.2 Can Integration of Public and Private Mechanisms Help or Hinder Effectiveness? |
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87 | (1) |
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2 Opening the Black Box of Asset-Based Lending |
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88 | (2) |
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3 Contractual Interfaces and Behaviours: Tensions between Project Finance Mechanisms, Policy Implementation and Indigenous Rights to Land |
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90 | (33) |
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3.1 What Is Project Finance? Secure Investment and Insecure Rights |
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92 | (6) |
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3.2 Three Phases of Project Finance Interface with Indigenous Peoples' Land Rights |
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98 | (1) |
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3.3 Private Documentation and Behaviours Relating to the Three Phases of Indigenous Interfaces |
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98 | (1) |
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3.4 The Development Stage |
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99 | (2) |
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3.4.1 Existing Practices on Land and Resettlement in the Development Stage |
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101 | (1) |
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3.4.1.1 The Preliminary Information Memorandum |
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101 | (1) |
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3.4.1.2 Concession Contracts |
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102 | (4) |
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3.4.1.3 Host Government Support Agreements and Non-discrimination Clauses |
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106 | (2) |
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3.5 The Construction and Financing Stages: Raising the Red Flag |
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108 | (2) |
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3.5.1 The Impact of Interest Rates and Liquidated Construction Damages |
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110 | (1) |
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3.5.2 The Hidden Dynamics and Dilemmas of Completion Guarantees |
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111 | (1) |
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3.5.3 Completion Certification |
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112 | (1) |
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3.5.4 The (Un)happy Interface of Finance Documents with Lender Performance Standards |
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113 | (1) |
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3.5.4.1 Promising Compliance through Lender Performance Standards |
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114 | (3) |
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3.5.4.2 Conditions Precedent |
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117 | (1) |
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3.5.4.3 Event of Default Lite |
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118 | (5) |
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5 Discretion, Delegation, Fragmentation and Opacity: Impacts of Financing Mechanisms in Mongolia and Panama |
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123 | (22) |
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1 The Oyu Tolgoi Project in Mongolia |
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124 | (12) |
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1.1 Connecting Project Finance with the Political Economy of Development in Mongolia |
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127 | (2) |
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1.2 The Oyu Tolgoi Investment Agreement |
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129 | (1) |
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1.3 Aligning the Implementation of Lender Performance Standards with Market Thinking |
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129 | (7) |
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2 The Barro Blanco Project in Panama |
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136 | (9) |
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2.1 Deficient Lender Due Diligence, Project Financing and International Law |
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139 | (1) |
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2.2 The Ombudsman Panel: Translating Applicable Law and Creating a Legal Black Hole |
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140 | (5) |
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6 Pricing for Poverty: Project Finance, Power Purchase Agreements and Structural Inequities in Uganda |
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145 | (17) |
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1 Background to the Project |
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147 | (3) |
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2 The Relationship between the Power Purchase Agreement, People-First PPPs and the Sustainable Development Goals |
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150 | (1) |
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3 What Can We Learn from the Bujagali PPP? |
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151 | (11) |
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3.1 Delegating Resettlement to Private Actors: Links between Law, Policy and Vulnerability |
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152 | (4) |
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3.2 The Nexus between Power Pricing and Poverty |
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156 | (6) |
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7 Negotiating Land Outcomes: A Comparative Look at Concessionaires, Indigenous Peoples and Power |
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162 | (22) |
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1 The Problematic Conditions around Agreement-Making |
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163 | (2) |
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2 Gaps in Existing Studies |
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165 | (2) |
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3 Concessionaire Mischief: Illustrations from Agreements in Russia and Suriname |
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167 | (7) |
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4 The Rio Tinto Approach in Australia: Communities as Project Stakeholders |
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174 | (7) |
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5 Leaving Your Principles at Home? A Comparative Look at Rio in Mongolia |
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181 | (3) |
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184 | (21) |
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184 | (5) |
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189 | (2) |
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191 | (1) |
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192 | (1) |
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5 Proposed Remedial Agenda |
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192 | (13) |
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5.1 Legal and Regulatory Oversight |
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193 | (5) |
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198 | (5) |
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5.3 Research and Advocacy |
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203 | (2) |
Index |
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205 | |