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The Equality of Sub-Surface Minerals

Gagnon, Jean-Paul (2010) The Equality of Sub-Surface Minerals. [Working Paper] (Submitted (not yet accepted for publication))

Abstract

Sub-surface minerals are in most cases considered to be the proprietary right of a country should those minerals be found within its borders. PRO169 (Indigenous Peoples’ Rights, International Labour Organization) has recorded instances where the private land of indigenous peoples has been pilfered by a government – often through the sale of a contract to a private company, and without the consent of the people living on that land. Other times, indigenous peoples, the government they find themselves living in, and the company that bought mining rights engage in consultation. But these practices are far from transparent, equitable, or fair as indigenous peoples are often unskilled in contractual law and do not have the same legal resources as the company or government does. This paper argues that the sub-surface minerals found within the territory of indigenous tribes should be legally allocated as theirs.

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ID Code: 31687
Item Type: Working Paper
Keywords: Equality, indigenous people, sub-surface minerals, culture, indigenous rights
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > POLITICAL SCIENCE (160600)
Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > OTHER STUDIES IN HUMAN SOCIETY (169900) > Studies in Human Society not elsewhere classified (169999)
Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > POLICY AND ADMINISTRATION (160500)
Divisions: Current > QUT Faculties and Divisions > QUT International College
Copyright Owner: Copyright 2010 the author.
Deposited On: 12 Apr 2010 09:26
Last Modified: 10 Jun 2010 00:26

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