Operationalizing Free, Prior, and Informed Consent in the Extractive Industry Sector? Examining the Challenges of a Negotiated Model of Justice

Free, prior, and informed consent (FPIC) is a key principle being promoted in an attempt to reshape a broad family of governance regimes designed to address the local consequences of extractive industry development in indigenous territory. This article explores the development of the principle of FPIC and the challenges that it presents to conventional forms of governance. FPIC is examined as a form of negotiated justice that aims to produce regulatory decisions through horizontal and decentralized forms of engagement. The article seeks to develop and clarify issues in building a critical research agenda on the operationalization of FPIC.