scholarly journals The Duty to Consult the Sámi in Norwegian Law

2020 ◽  
Vol 11 (0) ◽  
pp. 233
Author(s):  
Øyvind Ravna
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
International Law ◽  
Indigenous Peoples ◽  
General Review ◽  
Decision Making Processes

This article deals with the duty to consult indigenous peoples and the obligation to involve these peoples in decision-making processes in matters that concern them. After a general review of international legislation and obligations, particularly the ILO Convention no. 169 on Indigenous and Tribal Peoples, the article focuses on how these obligations are implemented towards the indigenous Sámi in Norwegian law. Here, the consultation agreement from 2005 and the Sámi Rights Committee’s 2007 draft are still central. The review includes an analysis of the extent to which these duties meet international law requirements, and a deliberation on the concept of free, prior and informed consent.

Certified Patient Decision Aids: Solving Persistent Problems with Informed Consent Law

2017 ◽  
Vol 45 (1) ◽  
pp. 12-40 ◽  
Author(s):  
Thaddeus Mason Pope
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Medical Treatment ◽  
Shared Decision Making ◽  
Decision Aids ◽  
Shared Decision ◽  
Legal Doctrine ◽  
Patient Decision Aids ◽  
Patient Decision ◽  
Decision Making Processes

The legal doctrine of informed consent has overwhelmingly failed to assure that the medical treatment patients get is the treatment patients want. This Article describes and defends an ongoing shift toward shared decision making processes incorporating the use of certified patient decision aids.

scholarly journals Indigenous Peoples, International Law, and Extractive Industry Contracts

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 220-225 ◽  
Author(s):  
Ibironke T. Odumosu-Ayanu
Keyword(s):  
Informed Consent ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Transnational Corporations ◽  
International Norms ◽  
Extractive Industry ◽  
Global Industry

The extractive industry has contributed to the development of international law since colonial times. Contracts between states and extractive companies largely drive this global industry. This essay situates extractive industry contracts involving Indigenous peoples, long term actors who have significantly informed the development of international law, within the context of international law. While these contracts are usually analyzed from domestic perspectives, they are impacted by international norms and, as developing transnational practices, even have the potential to show ways ahead in international law. As regards engagement with Indigenous peoples, contracts, which are typically regarded as private instruments, have significant public ramifications. This is especially the case where states, Indigenous peoples, and transnational corporations (TNCs) are involved and where internationally recognized principles relating to Indigenous rights, notably free, prior, and informed consent (FPIC) are implicated.

From Individual to Collective Consent: The Case of Indigenous Peoples and undrip

2019 ◽  
Vol 27 (2) ◽  
pp. 251-269
Author(s):  
Richard Healey
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The State ◽  
Self Determination ◽  
Sexual Ethics ◽  
The Third ◽  
Collective Decisions

Much of the debate around requirements for the free, prior, and informed consent of indigenous peoples has focused on enabling indigenous communities to participate in various forms of democratic decision-making alongside the state and other actors. Against this backdrop, this article sets out to defend three claims. The first two of these claims are conceptual in nature: (i) Giving (collective) consent and participating in the making of (collective) decisions are distinct activities; (ii) Despite some scepticism, there is a coherent conception of collective consent available to us, continuous with the notion of individual consent familiar from discussions in medical and sexual ethics. The third claim is normative: (iii) Participants in debates about free, prior, and informed consent must keep this distinction in view. That is because a group’s ability to give or withhold consent, and not only participate in making decisions, will play an important role in realising that collectives’ right to self-determination.

scholarly journals Decision Making in the PICU: An Examination of Factors Influencing Participation Decisions in Phase III Randomized Clinical Trials

2014 ◽  
Vol 2014 ◽  
pp. 1-6 ◽  
Author(s):  
Laura E. Slosky ◽  
Marilyn Stern ◽  
Natasha L. Burke ◽  
Laura A. Siminoff
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Randomized Clinical Trials ◽  
Pediatric Intensive Care ◽  
Phase Iii ◽  
Older Children ◽  
Decision Making Processes ◽  
Surrogate Decision Makers ◽  
Surrogate Decision ◽  
Participation Decisions

Background. In stressful situations, decision making processes related to informed consent may be compromised. Given the profound levels of distress that surrogates of children in pediatric intensive care units (PICU) experience, it is important to understand what factors may be influencing the decision making process beyond the informed consent. The purpose of this study was to evaluate the role of clinician influence and other factors on decision making regarding participation in a randomized clinical trial (RCT).Method. Participants were 76 children under sedation in a PICU and their surrogate decision makers. Measures included the Post Decision Clinician Survey, observer checklist, and post-decision interview.Results. Age of the pediatric patient was related to participation decisions in the RCT such that older children were more likely to be enrolled. Mentioning the sponsoring institution was associated with declining to participate in the RCT. Type of health care provider and overt recommendations to participate were not related to enrollment.Conclusion. Decisions to participate in research by surrogates of children in the PICU appear to relate to child demographics and subtleties in communication; however, no modifiable characteristics were related to increased participation, indicating that the informed consent process may not be compromised in this population.

EU Status In Other International Organizations

2018 ◽  
Author(s):  
Geert De Baere
Keyword(s):  
Decision Making ◽  
European Union ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
The European Union ◽  
Decision Making Processes ◽  
The Eu ◽  
Federal Structure

The present chapter considers the position of the European Union in other international organizations. It is based on the premise that the Union, while arguably also a federal or quasi-federal structure, is legally still itself an international organization. From the perspective of international law, that explains at least partly the complexities involved in an international organization such as the EU acquiring a status in—let alone membership of—another international organization. The term ‘status’ or ‘position’ is understood here as the influence the Union can exercise, either formally or informally, in decision-making processes in other international organizations. As an ever-increasing number of decisions having an impact on the Union’s policies originate in international organizations, its position in such fora matters.

scholarly journals Gender Inequality and Land Rights: The Situation of Indigenous Women in Cameroon

2019 ◽  
Vol 22 ◽  
pp. 1-33
Author(s):  
Esther Effundem Njieassam
Keyword(s):  
Decision Making ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Indigenous Women ◽  
Human Beings ◽  
Economic Class ◽  
The World ◽  
Decision Making Processes ◽  
Essential Resource ◽  
Gender Based

Land is an essential resource that serves as a means of subsistence for millions of people in the world and indigenous communities and women in particular. Most indigenous societies' survival is closely tied to land. In Cameroon, indigenous women are the backbone of food production in their communities. That makes access to land important, as it is a significant source of wealth and power for indigenous peoples in general and indigenous women in particular. While women all over the world encounter gender-based discrimination in relation to the control and ownership of land, indigenous women face triple discrimination on the basis of their gender (as women), their ethnicity (as indigenous peoples) and their economic class (economically poor). They are often dehumanised, degraded and subjected to treatment as second-class human beings despite the existence of national legislation that discourages such practices. This paper interrogates the possibility of including indigenous women in government and decision-making processes in Cameroon in the hope that they may be involved in key decision-making processes that affect them, thereby reducing their economic and social vulnerability. It concludes with some thoughtful recommendations on policy reform aimed at ensuring access to land for indigenous women as well as socio-economic justice in its broadest sense.    

scholarly journals Fear and international law-making: An exploratory inquiry

2019 ◽  
Vol 32 (3) ◽  
pp. 351-365 ◽  
Author(s):  
Andrea Bianchi ◽  
Anne Saab
Keyword(s):  
Decision Making ◽  
International Law ◽  
Food Contamination ◽  
Security Policies ◽  
International Policy ◽  
Decision Making Processes ◽  
Exploratory Inquiry ◽  
Law Making ◽  
Legal Processes

AbstractEmotions play an important role in cognition and have a significant and all too often neglected influence on (international) law-making processes. Fear, in particular, can be a driver of reasoning and decision-making. Fear of terrorism / immigrants / health threats / food contamination / environmental hazards – to give a few notable examples – influences the perception of risks associated with these issues and consequently impacts international policy- and law-making. International law rules and doctrines are often adopted – if not overtly justified – on the basis of fear and other emotions. This article aims to explore how fear – as both an individual and collective emotion – may affect decision-making processes, be determinative of normative outcomes, and shape security policies at the domestic and international levels. This approach deviates from traditional rationalist understandings of law and emphasizes the role of emotions in apprehending the nature and functioning of legal processes. Hopefully, this exploration will open up interesting avenues for further research on the role of emotions in international legal processes.

scholarly journals Looking at the World Bank’s safeguard reform through the lens of deliberative democracy

2019 ◽  
Vol 32 (3) ◽  
pp. 465-482 ◽  
Author(s):  
Ruth Houghton
Keyword(s):  
Decision Making ◽  
International Law ◽  
Deliberative Democracy ◽  
World Bank ◽  
Democratic Legitimacy ◽  
Consultation Process ◽  
The World Bank ◽  
The World ◽  
Decision Making Processes ◽  
Law Making

AbstractThe sheer amount of non-state participation in the creation of the World Bank Environmental and Social Framework (ESF) is surely noteworthy. The aim of the Bank’s consultation was to get ‘global’ input and feedback, and with over 8,000 stakeholders from over 63 countries taking part, it is laudable. The extent of the participation challenges the positivist approach to international law-making, which views only states as having the power to make law and raises questions about how to legitimize such international soft-law making. Legitimacy is entangled with democracy, as scholars debate whether democracy is the required benchmark for decision-making processes at international organizations. This article uses deliberative democracy to analyse the ESF consultation process. Whilst, democratic legitimacy has been interpreted to mean inclusivity and participation, deliberative democracy raises a series of hard questions about equality and power that scholarship on global governance needs to grapple with. Although this participatory process at the World Bank challenges traditional narratives in international law, analysing it through a lens of deliberative democracy exposes the work that still needs to be done to discuss democracy in international decision-making.

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