DEVELOPMENT

SEE ALSO

CANADIAN COURTS:
Daishowa v. Friends of the Lubicon. Reference: 78 A.W.C.S. 3d 861, Ontario Court (General Division) April 14, 1998, Decided. In conjunction with denial of request for injunction, Canadian court held that use of term "cultural genocide" by indigenous people to describe environmentally and socially degrading development of lands claimed by indigenous people amounted to defamatory speech against the development company.

COLOMBIAN COURTS:
Petition of Jaime Cordoba Trivino, Defensor del Pueblo, en representation de varias personas integrantes del Grupo Etnico Indigena U'Wa. Reference: Sentencia No. SU-039/97 (Corte constitutional, Feb. 3, 1997). "In February 1997, The Colombian Constutional Court, in a decision on oil operations affecting U'Wa people, held that an exploration license should not have been granted because indigenous people had not been properly consulted, contrary to the right of participation in the Colombian Constitution and in [International Labor Organization] Convention #169." For text of quote and further discussion, see Indigenous Peoples in International Law: A Constructivist Approach to the Asian Controversy. Benedict Kingsbury. 92 American Journal of International Law 414 (July, 1998)

FINNISH COURTS:
Kasivarsi Reindeer Herders' Cooperative v. Ministry of Trade & Industry. Reference: Sup. Admin. Ct., Fin., May 15, 1996 (trans. Helja Tilli & Martin Sheinin) Finnish High Court held that the decision of the Ministry of Trade and Industry to issue deeds for mineral development in traditional indigenous reindeer hearding area should be quashed for failure to consider Finland's obligation to Article 27 of the International Covenant on Civil and Political Rights.

JAPANESE COURTS:
Nibutani Dam Jiken Hanketsu, Kayano et. al. v. Hokkaido Expropriation Committee. Reference:1598 Hanrei Jiho 33, 938 Hanrei Times 75, Sapporo Dist. Ct., March 27, 1997 (translated into English by Marc A. Levin). Japanese District Court held that expropriation of certain indigenous lands to provide for construction of a dam without consideration given for the impact on the local indigenous community was violative of Japan's obligations under Article 27 of the International Covenant on Civil and Political Rights.

For more information on Nibutani Dam.

UNITED STATES COURTS:
Beanal v. Freeport-McMoran Inc. Reference: 969 F. Supp. 362 (United States District Court for the Eastern District of Lousiana, 1997). United States District Court held that environmental harm and acts alleged as human rights violations which were associated with natural resource development in Indonesia did not equate to cognizable and triable violations of the law of nations sufficient for United States District Court jurisdiction.

Classification of Property and Conceptions of Ownership in Civil and Common Law. Barbara Pierre. Reference: Revue générale de droit, (1997) 28 R.G.D. 235-274 (English translation). Comparative analysis of property theory in civilian and common law systems.

Codes of Conduct: A Framework for Supervision, Legal Aspects on the Subject of Human Rights and Multinationals. Dorinne Wytema. Reference: Afstudeerscriptie Nederlands Recht, Richting Internationaal Recht, Specialisatie Mensenrechten (Februari 1999), Faculteit Rechtsgeleerdheid. An excellent account of international law as it pertains to human rights and multinational business ventures.

Global Stakeholders: The Impact of International Law on the Resources Industry. Sergei Vinogradov. Reference: Rocky Mountain Mineral Law Foundation, International Resources Law Projects: Straddling the Millenium, Mineral Law Series, Volume 1999, Number 2, paper 11A. Excellent overview and discussion of international law as it impacts on resource development, including discussion of local community as stakeholder in resource development.

High Court hearing pits African asbestos victims against British company. - Report by World Development Movement examplifying the use of foreign law to police the activities of multinational corporations in mineral development.

"Indigenous Peoples" in International Law: A Constructivist Approach to the Asian Controversy. Benedict Kingsbury. Reference: 92 American Journal of International Law 414 (1998). Essay on the definition of and application of international legal norms (particularly human rights norms) to indigenous peoples.

Mass Tort Risks in International Natural Resource Development. John C. Reynolds. Reference: Rocky Mountain Mineral Law Foundation, International Resources Law Projects: Straddling the Millenium, Mineral Law Series, Volume 1999, Number 2, paper 7. Essay on United State's courts based litigation premised on alleged violations of international law (human rights, environmental law) in association with mineral development.

Resource Development and Human Rights: A Look at the Case of the Lubicon Cree Indian Nation of Canada. Andrew Huff. Reference: 10 Colorado Journal of International Environmental Law and Policy 161 (Winter, 1999). Discussion of inclusion of environmental harm within the peremptory norm against genocide for environmental damage resultant from resource development in light of findings by the United Nations High Commission for Human Rights in the case of the Lubicon Cree versus the Japanese development interest Daishowa.

Torts, Natural Resources, and International Law. Donald L. Zillman. Reference: Rocky Mountain Mineral Law Foundation, International Resources Law Projects: Straddling the Millenium, Mineral Law Series, Volume 1999, Number 2, paper 7A. Essay on the exposure of resource development companies to suit for violations of human and environmental rights associated with resource exploitation.