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Consent at the Root? - An Investigation of Indigenous Peoples’ Right to Free, Prior, and Informed Consent Under the EU Deforestation Regulation in Global Value Chains

Stenquist, My LU (2025) JURM02 20251
Department of Law
Faculty of Law
Abstract
The European Union is the world's second-largest contributor to global deforestation after China, primarily due to its high consumption of agricultural commodities produced outside its borders. More than one-third of the world’s remaining intact forests are on Indigenous Peoples’ lands, where development projects or logging threaten their livelihoods, cultural heritage, and traditional ways of life.
The EU Regulation on Deforestation-Free Products (EUDR) is a sector-specific due diligence measure ensuring that commodities like cocoa, wood, palm oil, and soy, entering the EU from third countries are deforestation-free and comply with the relevant legislation of the producing country. This includes respecting Indigenous Peoples rights and... (More)
The European Union is the world's second-largest contributor to global deforestation after China, primarily due to its high consumption of agricultural commodities produced outside its borders. More than one-third of the world’s remaining intact forests are on Indigenous Peoples’ lands, where development projects or logging threaten their livelihoods, cultural heritage, and traditional ways of life.
The EU Regulation on Deforestation-Free Products (EUDR) is a sector-specific due diligence measure ensuring that commodities like cocoa, wood, palm oil, and soy, entering the EU from third countries are deforestation-free and comply with the relevant legislation of the producing country. This includes respecting Indigenous Peoples rights and Free, Prior, and Informed Consent (FPIC) as set out in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This thesis examines the intersection of soft law and hard law by exploring the legal status of FPIC, a soft law instrument, when referenced in binding EU legislation. It investigates the ambiguity arising when EUDR mandates compliance with national laws while referencing international human rights norms, which may not be fully codified or enforceable. The thesis also compares EUDR to its predecessor, the EU Timber Regulation (EUTR), considering the EU's broader goal of promoting human rights and sustainability in global supply chains.
The findings indicate that EUDR represents progress over the EUTR, demonstrating a more ambitious intent to protect Indigenous rights by explicitly recognizing FPIC. However, like the EUTR, compliance is tied to national law in the country of production, making it dependent on domestic standards. It remains unclear whether compliance includes human rights recognized under international law without national incorporation. This can incentivize countries to lower standards. These ambiguities will require clarification from the European Commission and the Court of Justice of the European Union. (Less)
Please use this url to cite or link to this publication:
author
Stenquist, My LU
supervisor
organization
course
JURM02 20251
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
EU Law, International Public Law
language
English
id
9189179
date added to LUP
2025-06-10 09:33:59
date last changed
2025-06-10 09:33:59
@misc{9189179,
  abstract     = {{The European Union is the world's second-largest contributor to global deforestation after China, primarily due to its high consumption of agricultural commodities produced outside its borders. More than one-third of the world’s remaining intact forests are on Indigenous Peoples’ lands, where development projects or logging threaten their livelihoods, cultural heritage, and traditional ways of life. 
The EU Regulation on Deforestation-Free Products (EUDR) is a sector-specific due diligence measure ensuring that commodities like cocoa, wood, palm oil, and soy, entering the EU from third countries are deforestation-free and comply with the relevant legislation of the producing country. This includes respecting Indigenous Peoples rights and Free, Prior, and Informed Consent (FPIC) as set out in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This thesis examines the intersection of soft law and hard law by exploring the legal status of FPIC, a soft law instrument, when referenced in binding EU legislation. It investigates the ambiguity arising when EUDR mandates compliance with national laws while referencing international human rights norms, which may not be fully codified or enforceable. The thesis also compares EUDR to its predecessor, the EU Timber Regulation (EUTR), considering the EU's broader goal of promoting human rights and sustainability in global supply chains. 
The findings indicate that EUDR represents progress over the EUTR, demonstrating a more ambitious intent to protect Indigenous rights by explicitly recognizing FPIC. However, like the EUTR, compliance is tied to national law in the country of production, making it dependent on domestic standards. It remains unclear whether compliance includes human rights recognized under international law without national incorporation. This can incentivize countries to lower standards. These ambiguities will require clarification from the European Commission and the Court of Justice of the European Union.}},
  author       = {{Stenquist, My}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Consent at the Root? - An Investigation of Indigenous Peoples’ Right to Free, Prior, and Informed Consent Under the EU Deforestation Regulation in Global Value Chains}},
  year         = {{2025}},
}