The Concept of Human Rights and Property Rights in Natural-resource Development

摘要

The recognition and enforcement of community rights has changed the dynamics of natural-resource development by essentially creating a two-tier system of obtaining authorisation-first, from the state as owner of the natural resource; and, secondly, from local communities who occupy the land and depend on it for their sustenance (and would be affected by the project). While a number of international instruments have repeatedly emphasised the need for states to recognise and protect those rights, a certain amount of pressure has also been applied to natural-resource companies. The fact that certain states do not require companies to recognise community rights does not necessarily absolve companies from the obligation to engage with local communities and to obtain their consent prior to the start of operations.