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Legal Protection Of Indigenous Peoples’ Rights And Interests In International Project Investment

Posted on:2018-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:L WeiFull Text:PDF
GTID:2336330515499459Subject:legal
Abstract/Summary:PDF Full Text Request
For the purpose of pursuing economic interests,project financing promotes the development and utilization of resources significantly.However,it is undeniable that in international project financing,it involves a series of complex issues such as land expropriation,resettlement and compensation,environmental and social responsibility risks.Any improper handling of the problem,is likely to lead to disputes,efficiency and obstacles.After years of development,there still exists no uniform and complicated documents about identity and status of indigenous people because of various scholar opinions,which blurs the protection of the interests of indigenous people.Therefore,digging into the protection of the rights and interests of the project is urgent.Through the financing project of the International Finance Corporation in the Philippines,it is found that the disputes involving the rights and interests of the indigenous people are diversified,not only need to clarify the particularity of their status,but also to analyze its various interests during overseas financing process.Firstly,through the introduction of specific cases,according to the complaints from the project area,to make a comprehension of the case as well as the background,and conclude controversial focuses of the dispute,come up with questions;Secondly,clarifies from angles of the anthropology and international law,and accordingly,to make a specific identification of indigenous people consistent with the financing operation.Besides,analyzes and summarizes the interests of the indigenous people from the perspective of the surviving rights and interests,the land rights and interests,the environmental rights and the procedural rights and interests,and concludes the situation of indigenous people in the mining area with the concrete facts.Finally,from the case of reflection,found that some of the common problems of international financing activities,such as the program is not completed,communication is not sophisticated,the distribution of benefits is not equal,through the analysis of these issues,hope our overseas financing activities can provide empirical methods and inspiration.
Keywords/Search Tags:Project investment, Indigenous, Rights and Interests, Protection
PDF Full Text Request
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