Economic Analysis of the Law in Bolivia and the Declaration on the Rights of Indigenous People and Potential Social Implications for New Discoveries

摘要

Over last 10 years, Bolivia has gone through a process of significant transformation of its legal system: starting with a new Political Constitution of the State and continuing with new Laws, Supreme Decrees and Regulations that have affected society as a whole and some had specific and direct impact on the new discoveries due to the process of consultation and compensation of Indigenous People when their lands are affected by oil and gas field developments. This paper intent to demonstrate how those norms don't provide the economic balance that could render the norm to be considered as efficient. This paper does not analyse specific initiatives taken by private companies in accordance with their internal policies regarding sustainable development of local indigenous communities.