Fenceline Communities and Environmentally Damaging Projects: An Asymptotically Evolving Right To Veto

Title
Fenceline Communities and Environmentally Damaging Projects: An Asymptotically Evolving Right To Veto
Publication Date
2015
Author(s)
Radavoi, Ciprian N
( author )
OrcID: https://orcid.org/0000-0002-9538-6019
Email: cradavoi@une.edu.au
UNE Id une-id:cradavoi
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
Tulane University, School of Law
Place of publication
United States of America
UNE publication id
une:1959.11/26460
Abstract
The issue of unwanted facilities siting was discussed for decades by academics, as far as the local community—government dialogue is concerned, in the so-called NIMBY (Not In My Back Yard) and LULU (Locally Unwanted Land Uses) literature; as for the local community-transnational corporation dialogue, it has been more recently analyzed in the stakeholder engagement and the SLO (Social License to Operate) literature, which dissects the emerging transnational corporations’ obligation of engaging local communities prior to developing a noxious project. Both frameworks suggest that local communities with some sociological identifier—ethnicity, race, class—have gotten closer to the right to veto a polluting project, but this does not hold for communities defined merely geographically (“fenceline” communities). However, scholars and institutions lately referring to indigenous communities’ right to veto often use expressions such as “indigenous communities and other affected groups,” indicating a perceived need for expanding this right. Starting from this observation, this Article explores the unclear borders of the right to Free, Prior, and Informed Consent.
Link
Citation
Tulane Environmental Law Journal, 29(1), p. 1-29
ISSN
1942-9908
1047-6857
Start page
1
End page
29

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