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

Article


Radavoi, Ciprian N.. 2015. "Fenceline Communities and Environmentally Damaging Projects: An Asymptotically Evolving Right To Veto." Tulane Environmental Law Journal. 29, pp. 1-29.
Article Title

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

ERA Journal ID33993
Article CategoryArticle
AuthorsRadavoi, Ciprian N.
Journal TitleTulane Environmental Law Journal
Journal Citation29, pp. 1-29
Number of Pages29
Year2015
Place of PublicationUnited States
ISSN1047-6857
1942-9908
Web Address (URL)https://journals.tulane.edu/elj/article/view/2362
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.

Keywordsnot in my backyard; environmental justice
ANZSRC Field of Research 2020480203. Environmental law
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Byline AffiliationsUniversity of International Business and Economics, China
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