Author
Ms Peng Yunru
Organisation/Institution
Wuhan University
Country
CHINA
Panel
Environmental Law
Title
FPIC as a Norm of Environmental Justice: Challenges and Prospects for Indigenous Rights Protection in Asia
Abstract
This article examines the protection of Indigenous peoples’ rights in Asia through the principle of Free, Prior and Informed Consent (FPIC). Recognized in the United Nations Declaration on the Rights of Indigenous Peoples, the Convention on Biological Diversity, and broader environmental democracy instruments, FPIC has become a central procedural safeguard for assessing state legitimacy and corporate environmental responsibility. Yet, its domestic implementation in Asia remains uneven, with significant divergences in scope, legal force, and available remedies across national systems. Through a comparative analysis of jurisdictions in Asia, the article identifies shared structural barriers: the prioritization of developmentalist state agendas, inadequate public participation within administrative procedures, and limited judicial review. These constraints often render FPIC a “formal compliance without substantive effect” mechanism in practice. The article further argues that FPIC plays a pivotal role in advancing environmental justice and sustainable development. FPIC mitigates disproportionate environmental and social burdens on vulnerable communities while enabling the integration of Indigenous traditional knowledge into ecological governance—aligning closely with SDGs 13, 15, and 16. Building on this foundation, the study would proposes a multi-level approach for strengthening FPIC, such as (1) developing regional soft-law guidelines and monitoring mechanisms; (2) enhancing national legislation concerning administrative procedure, environmental impact assessment, and Indigenous rights; and (3) incorporating FPIC into binding corporate human rights due diligence and supply-chain accountability frameworks. Grounded in international legal analysis, this article offers a normative and practical blueprint for the effective institutionalization of FPIC in Asia, thereby contributing to more just and sustainable regional environmental governance.
Biography
Peng Yunru currently is PhD student in public international law with focused interests in the law of the sea, environmental law, and the evolving role of non-state actors in international legal processes. I completed Master’s degree at the International Law School of East China University of Political Science and Law, where I actively engaged in advanced coursework, research projects, and multiple international moot court competitions, including the Philip C. Jessup International Law Moot Court Competition and the China International Law of the Sea Moot Court Competition. These experiences strengthened my analytical skills and deepened my commitment to exploring complex legal issues involving global commons governance and dispute settlement.Therefore, I honor got the opportunity to present my research topic how international adjudicatory bodies shape normative development in ocean governance in last year ASLI conference. Now, I joined in Research Institute of Environmental Law of Wuhan University. Looking ahead, I aim to pursue doctoral research that contributes to a deeper understanding of institutional design, global commons governance, and the future evolution of international legal order.
