Publication:
Landscapes of transition: state, company and Indigenous community human rights dynamics in South America’s lithium triangle

dc.contributor.advisor Nolan, Justine
dc.contributor.advisor Michaelsen, Christopher
dc.contributor.author Symington, Andy
dc.date.accessioned 2023-04-24T00:50:54Z
dc.date.available 2023-04-24T00:50:54Z
dc.date.issued 2023
dc.date.submitted 2023-04-22T03:41:35Z
dc.description.abstract The scramble for minerals, such as lithium, critical to renewable energy technologies is a feature of our race to decarbonise. At the same time, changing societal expectations are increasing pressure on companies to operate in a manner that respects human rights, including Indigenous Peoples’ rights. Situated at the nexus of these global trends, this thesis examines business and human rights (BHR) dynamics at rights-holder level in the context of extraction in South America’s ‘lithium triangle’. Examining how legal and non-legal factors translate to corporate behaviour and rights outcomes on the ground, the thesis addresses the research question: What are the key intersecting factors shaping corporate engagement with Indigenous communities and their rights in the lithium triangle? Based on extensive in-person empirical research in the region, it examines the complex dynamics between governments, companies and Indigenous communities. Empirical chapters reveal a broad range of factors influencing corporate engagement and thereby better rights outcomes. These can be distilled into four key themes: 1. Human rights pathways: state human rights commitments are transmitted to lithium triangle companies by more indirect means than traditional compliance with horizontal obligations would demonstrate. 2. Shifting dynamics: changing expectations of companies, particularly in the context of decarbonisation, has created a rapidly evolving landscape of pressure on companies from downstream customers and other actors in the lithium value chain. 3. Indigenous rights: Indigenous communities in the lithium triangle have become powerful advocates for their own rights, creating significant bottom-up influence and altering traditional corporate perceptions of risk. 4. State absence: partial absence and significant lack of capacity of the state has resulted in the effective ‘privatisation’ of certain rights, leaving companies to fill the gap. That lithium technology is potentially rights-enhancing at a global level while its extraction at local level may be rights-endangering is a juxtaposition foregrounding the need for a just transition and raising interesting questions about the realities of rights on the ground in the presence of a prevailing global economic imperative. The lithium triangle is a powerful case study highlighting the need for governments, companies and communities to work closely together to minimise negative rights impacts and maximise positive outcomes.
dc.identifier.uri http://hdl.handle.net/1959.4/101154
dc.language English
dc.language.iso en
dc.publisher UNSW, Sydney
dc.rights CC BY 4.0
dc.rights.uri https://creativecommons.org/licenses/by/4.0/
dc.subject.other just transition
dc.subject.other human rights
dc.subject.other business and human rights
dc.subject.other lithium mining
dc.subject.other renewable energy technologies
dc.subject.other Indigenous rights
dc.subject.other lithium triangle
dc.subject.other responsible mining
dc.subject.other community relations
dc.subject.other supply chain
dc.subject.other responsible sourcing
dc.subject.other critical minerals
dc.subject.other energy transition
dc.subject.other decarbonisation
dc.subject.other business ethics
dc.subject.other social compliance
dc.title Landscapes of transition: state, company and Indigenous community human rights dynamics in South America’s lithium triangle
dc.type Thesis
dcterms.accessRights open access
dcterms.rightsHolder Symington, Andy
dspace.entity.type Publication
unsw.accessRights.uri https://purl.org/coar/access_right/c_abf2
unsw.contributor.advisorExternal van Ham, Carolien; Radboud University, Nijmegen, Netherlands
unsw.date.workflow 2023-04-22
unsw.identifier.doi https://doi.org/10.26190/unsworks/24861
unsw.relation.faculty Law & Justice
unsw.relation.school School of Law
unsw.relation.school School of Global and Public Law
unsw.relation.school School of Global and Public Law
unsw.subject.fieldofresearchcode 480307 International humanitarian and human rights law
unsw.subject.fieldofresearchcode 500102 Business ethics
unsw.subject.fieldofresearchcode 4408 Political science
unsw.subject.fieldofresearchcode 4599 Other Indigenous studies
unsw.subject.fieldofresearchcode 480204 Mining, energy and natural resources law
unsw.subject.fieldofresearchcode 500104 Human rights and justice issues (excl. law)
unsw.subject.fieldofresearchcode 440406 Rural community development
unsw.subject.fieldofresearchcode 4803 International and comparative law
unsw.thesis.degreetype PhD Doctorate
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