Gender Impact Analysis of Impact Benefit Agreements: Representation Clauses UNDRIP

22 Pages Posted: 21 Feb 2019

See all articles by Sari Graben

Sari Graben

Faculty of Law, Ryerson University

Angela Cameron

University of Ottawa - Common Law Section

Sarah Morales

University of Ottawa - Common Law Section

Date Written: February 21, 2019

Abstract

As a general rule, Indigenous feminist scholarship is inimical to large-scale resource extraction taking precedence over environmental stewardship, human rights protection, the integrity of Indigenous laws, and Indigenous understandings of gender equality. We argue here that the use of Impact Benefit Agreements (IBA) to facilitate large-scale resource extraction renders them subject to similar scrutiny. In this chapter, the authors interrogate the prospect posed by law reformists that IBAs are mechanisms where concerns about inequality and inequity could be mitigated. As devices used to literally represent community consent and implement substantive terms that predict measurable positive outcomes, this type of study is key to identifying the circumstances under which IBAs could deliver more equitable outcomes and, for those who resist their adoption, those circumstances where they cannot reconcile fundamental values.

Keywords: Indigenous, Women, Impact Benefit Agreements, Indigenous Law, Representations & Warranties

Suggested Citation

Graben, Sari and Cameron, Angela and Morales, Sarah, Gender Impact Analysis of Impact Benefit Agreements: Representation Clauses UNDRIP (February 21, 2019). Available at SSRN: https://ssrn.com/abstract=3339404 or http://dx.doi.org/10.2139/ssrn.3339404

Sari Graben (Contact Author)

Faculty of Law, Ryerson University ( email )

Toronto, Ontario
Canada

HOME PAGE: http://www.ryerson.ca/tedrogersschool/bm/faculty_staff/bios/Graben.html

Angela Cameron

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Sarah Morales

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
203
Abstract Views
738
Rank
230,226
PlumX Metrics