This article highlights the current challenges stemming from imbalances of political and economical power in the formation of agreements between Indigenous nations and states or transcorporations, and suggests multiple methods to resolve these issues and allow for Free, Prior, and Informed Consent (FPIC) and greater self-determination for nations. Indigenous autonomy has been often undermined in relations between nations and states, particularly surrounding territorial and resource rights. In discussing the legal and political history of the self-governance and sovereignty of nations, the article shows the continuing infringement of sovereignty and suggests that even since the use of the FPIC concept within corporate and state systems, it has still not been properly implemented in ways that reliably ensure political equality and peaceful relations. This article provides strategies and conceptual understandings that could resolve this, such as third-party mediation mechanisms, mutual recognition of governance systems, enforceable compliance measures, and refined understandings of the principles of FPIC. FPIC, when applied correctly, is a tool for advancing self-determination and sustaining cultural heritage of nations and Indigenous peoples.
Rudolph Rÿser (Sat,) studied this question.