Implementing a Corporate Free, Prior, and Informed Consent Policy: Benefits and Challenges

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Foley Hoag LLP
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Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
This report explores the benefits that Talisman Energy Inc. ("Talisman") might derive and the challenges it might encounter if it were to adopt a policy to secure the free, prior, and informed consent ("FPIC") of indigenous peoples potentially impacted by its global operations. Talisman commissioned this report at the request of two responsible investors, Bâtirente and Regroupement pour la responsabilité sociale des entreprises ("RRSE").
United States Corporate/Commercial Law
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Executive Summary

This report explores the benefits that Talisman Energy Inc. ("Talisman") might derive and the challenges it might encounter if it were to adopt a policy to secure the free, prior, and informed consent ("FPIC") of indigenous peoples potentially impacted by its global operations. Talisman commissioned this report at the request of two responsible investors, Bâtirente and Regroupement pour la responsabilité sociale des entreprises ("RRSE"). The World Resources Institute ("WRI"), a think tank and thought leader on FPIC, was asked to provide a third party commentary on it. The scope of the report, as agreed by Talisman, the responsible investors, and WRI, includes the legal history of FPIC, the opportunities and challenges attendant to a FPIC policy, FPIC best practices, and guidance on FPIC policy language and implementation guidelines. The report does not encompass a review of the effectiveness of Talisman's existing indigenous peoples policies and practices, although the responsible investors requesting the report noted that Talisman "is ahead of the curve in terms of corporate social responsibility and transparency." The perspectives expressed in the report are intended to be inclusive, and draw upon the expertise of a range of community engagement and FPIC experts.

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Implementing a Corporate Free, Prior, and Informed Consent Policy: Benefits and Challenges

United States Corporate/Commercial Law
Contributor
Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
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