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Interpreting fpic in undrip

In: International Journal on Minority and Group Rights
Author:
Dwight Newman University of Saskatchewan, Saskatoon, SK, Canada, dwight.newman@usask.ca

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This article discusses the divergent interpretations of what the free, prior, and informed consent (fpic) provisions in the United Nations Declaration on the Rights of Indigenous Peoples (undrip) mean, showing how textual and purposive interpretations end up with different positions. The article engages more broadly with the appropriate approach to interpretation of General Assembly resolutions and argues that undrip is within a particular category that are more treaty-like in character and to which principles of treaty interpretation should be applied. The application of those principles supports both divergent interpretations but calls for them to be combined in light of other interpretive factors, all of which have the potential to continue shifting over time. Within the context of undrip interpretation having received much less direct attention than it should, the article seeks to contribute to ongoing conversations on how to interpret undrip in ways that support a sustainable implementation of fpic.

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