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April 26, 20260 citationsOpen Access

Multinational Corporations and Plural Legal Orders : Navigating Indigenous Rights in a Globalised World

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DRDr. Ashish Ransom

Key Points

  • The study aims to understand how legal pluralism affects corporate practices regarding indigenous rights, particularly land rights and governance.
  • Adopted a doctrinal and analytical methodology.
  • Analysed international legal instruments and corporate due diligence frameworks.
  • Reviewed scholarly literature on legal pluralism and indigenous jurisprudence.
  • Indigenous rights require recognition beyond state-centric legal frameworks.
  • Mechanisms like FPIC enhance legitimacy and sustainability in corporate projects.
  • Neglecting indigenous legal authority results in conflict and reputational harm.

Abstract

The expansion of multinational corporations (MNCs) into indigenous territories has intensified conflicts over land, resources, and governance in a globalised economy. Corporate activities increasingly intersect with plural legal orders comprising state law, international human rights norms, and indigenous customary systems. This paper examines how legal pluralism shapes corporate engagement with indigenous rights, with particular emphasis on land rights, decision-making authority, and the principle of Free, Prior, and Informed Consent (FPIC). Adopting a doctrinal and analytical methodology, the study analyses international legal instruments, corporate due diligence frameworks and scholarly literature on legal pluralism and indigenous jurisprudence. It argues that indigenous rights cannot be adequately protected through state-centric legal frameworks alone, as customary legal systems continue to govern land, identity, and collective life for indigenous communities. The failure of multinational corporations to recognize these systems often results in dispossession, social conflict, and denial of justice. The paper demonstrates that mechanisms such as FPIC and corporate human rights due diligence serve as bridges between indigenous customary law and global corporate regulation. Where corporations engage meaningfully with plural legal orders, projects exhibit greater legitimacy, reduced conflict, and improved sustainability. Conversely, neglect of indigenous legal authority leads to resistance, litigation, and reputational harm. The paper concludes that legal pluralism provides a viable framework for reconciling corporate operations with indigenous rights in a globalised world. Integrating customary norms into corporate governance is essential for advancing justice, equity, and sustainable development.

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Cite This Study

Dr. Ashish Ransom (2025) studied this question.

synapsesocial.com/papers/69edac074a46254e215b3db4https://doi.org/10.82471/ft2vx-h8y58
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