Legal Pluralism

Legal Pluralism

  • Steve Russell added an answer:
    Is the relationship between extractive industries (such as mining or oil companies) and indigenous populations, a scene of legal pluralism?

    The legal pluralism accept the idea that coexist more than one juridical system, in the case of indigenous people the have their own juridical system. Extractives industries most of the time relate with this particular juridical system. Which is the role of the state in this relationship? 

    Steve Russell · Indiana University Bloomington

    Extractive industries are dominated by transnational corporations (TNCs).  Effective control of TNCs by Westphalian nation-states is problematic, so the TNCs are unlikely to submit to any indigenous regime of regulation or even negotiation from a standpoint of equality.

    Other entities involved in extraction are, in a sense. alter egos of Westphalian nation-states: PEMEX in Mexico, Petróleo Brasileiro in Brazil, Yacimientos Petrolíferos Fiscales Bolivianos in Bolvia.  Some people would add Gazprom in Russia.  As to such alter ego entities, from the indigenous point of view, to deal with them is to deal with the nation and legal pluralism within a specific nation is what it is, with no exception for these sorts of transactions of which I am aware.

About Legal Pluralism

Legal pluralism is the existence of multiple legal systems within one geographic area. Legal recognition of ethnic minority religious and cultural traditions in western lliberal democratic countries.

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