Research on the Legal Responsibilities of Multinational Companies in Protecting the Rights of Indigenous Peoples: From the Perspective of American Law
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Research on the Legal Responsibilities of Multinational Companies in Protecting the Rights of Indigenous Peoples: From the Perspective of American Law

Wenxin Yu 1*
1 Nansha College Preparatory Academy
*Corresponding author: veronica_fishegg@outlook.com
Published on 24 July 2025
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LNEP Vol.110
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-80590-297-3
ISBN (Online): 978-1-80590-298-0
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Abstract

This paper examines multinational enterprises’ (MNEs) legal responsibility in safeguarding Indigenous rights through analyzing the U.S. legal system. Specifically, the paper focuses on the Apache Stronghold v. United States case to illustrate the systematic legal gaps at the state, federal, and international levels. This Supreme Court case reveals three significant issues: the absence of mandatory FPIC mechanisms allows MNEs to exploit indigenous lands and resources without prior consent; the limitation of a narrow definition of corporate liability to hold the parent companies liable; and the lack of legal enforceability of international soft law. Therefore, establishing legally enforceable mechanisms in accordance with international standards is essential to ensure consistent protection of indigenous rights. This essay argues for a multi-level legal reform. The specific measures will expand beyond FPIC implementation into legislation, the expansion of corporate liability, and the binding enforcement of UNDRIP between countries. These measures aim to ensure transparent and enforceable implementations of international standards for indigenous protection.

Keywords:

Indigenous rights, Free, Prior, and Informed Consent, corporate liability, UNDRIP, Apache Stronghold v. United States.

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Yu,W. (2025). Research on the Legal Responsibilities of Multinational Companies in Protecting the Rights of Indigenous Peoples: From the Perspective of American Law. Lecture Notes in Education Psychology and Public Media,110,19-25.

References

[1]. Pritchard, Dolman H. Australian Indigenous Law Reporter. In: Indigenous Peoples and International Law: A Critical Overview. Vol. 3. 4th ed. Indigenous Law Centre, Law School, University of New South Wales; 1998. p. 473–509.  https: //www.jstor.org/stable/45239456

[2]. Office of the United Nations High Commissioner for Human Rights. Free, Prior, and Informed Consent of Indigenous Peoples. United Nations; 2013.  https: //www.ohchr.org/sites/default/files/Documents/Issues/IPeoples/FreePriorandInformedConsent.pdf

[3]. Gorsuch J, APACHE STRONGHOLD, UNITED STATES. Apache Stronghold v. United States. 2025.  https: //www.supremecourt.gov/opinions/24pdf/24-291_5i26.pdf

[4]. Alam A, Lenehan D. As massive Oak Flat copper mine clears legal hurdles, Apache see religious freedom being trampled. Cronkite News. 2025 Jun 11.  https: //cronkitenews.azpbs.org/2025/06/11/oak-flat-copper-mine-clears-legal-hurdles-apache-religious-freedom-trampled/

[5]. The Attorney General. Federal Law Protections for Religious Liberty. United States Department of Justice; 2017.  https: //www.justice.gov/crt/page/file/1006786/dl

[6]. Ashburn. Parent companies and subsidiaries: A consolidated view. Britannica Money.  https: //www.britannica.com/money/parent-company-and-subsidiaries

[7]. Cornell Law School. 12 CFR § 390.303 - Parent company; subsidiary. Legal Information Institute.  https: //www.law.cornell.edu/cfr/text/12/390.303

[8]. Santos A. Soft law in international law: bridging the gap between rigid treaties and effective governance. Diplomacy and Law. 2025 Feb 26.  https: //www.diplomacyandlaw.com/post/soft-law-in-international-law-bridging-the-gap-between-rigid-treaties-and-effective-governance

[9]. United Nations. UN Declaration on the Rights of Indigenous Peoples.  https: //www.ohchr.org/sites/default/files/Documents/Publications/Declaration_indigenous_en.pdf

[10]. Fredericks. Operationalizing free, prior, and informed consent. Albany Law Review. 2017 Jan 1.  https: //scholar.law.colorado.edu/articles/804/

[11]. Vedanta Resources PLC and another (Appellants) v Lungowe and others (Respondents) - UK Supreme Court. 2024 Jul 16.  https: //www.supremecourt.uk/cases/uksc-2017-0185

[12]. Wood. Protecting Indigenous rights at home: A comparative analysis of the way forward for domestic implementation of the United Nations Declaration on the Rights of Indigenous Peoples. Australian International Law Journal. 2020; 27: 77 101.  https: //search.informit.org/doi/10.3316/informit.593659429693828

[13]. Ryser C. Realizing UNDRIP implementation. Center of World Indigenous Studies; 2015.  https: //cwis.org/wp-content/uploads/documents/premium/Realizing.UNDRIP.Implementation.pdf

References

[1]. Pritchard, Dolman H. Australian Indigenous Law Reporter. In: Indigenous Peoples and International Law: A Critical Overview. Vol. 3. 4th ed. Indigenous Law Centre, Law School, University of New South Wales; 1998. p. 473–509.  https: //www.jstor.org/stable/45239456

[2]. Office of the United Nations High Commissioner for Human Rights. Free, Prior, and Informed Consent of Indigenous Peoples. United Nations; 2013.  https: //www.ohchr.org/sites/default/files/Documents/Issues/IPeoples/FreePriorandInformedConsent.pdf

[3]. Gorsuch J, APACHE STRONGHOLD, UNITED STATES. Apache Stronghold v. United States. 2025.  https: //www.supremecourt.gov/opinions/24pdf/24-291_5i26.pdf

[4]. Alam A, Lenehan D. As massive Oak Flat copper mine clears legal hurdles, Apache see religious freedom being trampled. Cronkite News. 2025 Jun 11.  https: //cronkitenews.azpbs.org/2025/06/11/oak-flat-copper-mine-clears-legal-hurdles-apache-religious-freedom-trampled/

[5]. The Attorney General. Federal Law Protections for Religious Liberty. United States Department of Justice; 2017.  https: //www.justice.gov/crt/page/file/1006786/dl

[6]. Ashburn. Parent companies and subsidiaries: A consolidated view. Britannica Money.  https: //www.britannica.com/money/parent-company-and-subsidiaries

[7]. Cornell Law School. 12 CFR § 390.303 - Parent company; subsidiary. Legal Information Institute.  https: //www.law.cornell.edu/cfr/text/12/390.303

[8]. Santos A. Soft law in international law: bridging the gap between rigid treaties and effective governance. Diplomacy and Law. 2025 Feb 26.  https: //www.diplomacyandlaw.com/post/soft-law-in-international-law-bridging-the-gap-between-rigid-treaties-and-effective-governance

[9]. United Nations. UN Declaration on the Rights of Indigenous Peoples.  https: //www.ohchr.org/sites/default/files/Documents/Publications/Declaration_indigenous_en.pdf

[10]. Fredericks. Operationalizing free, prior, and informed consent. Albany Law Review. 2017 Jan 1.  https: //scholar.law.colorado.edu/articles/804/

[11]. Vedanta Resources PLC and another (Appellants) v Lungowe and others (Respondents) - UK Supreme Court. 2024 Jul 16.  https: //www.supremecourt.uk/cases/uksc-2017-0185

[12]. Wood. Protecting Indigenous rights at home: A comparative analysis of the way forward for domestic implementation of the United Nations Declaration on the Rights of Indigenous Peoples. Australian International Law Journal. 2020; 27: 77 101.  https: //search.informit.org/doi/10.3316/informit.593659429693828

[13]. Ryser C. Realizing UNDRIP implementation. Center of World Indigenous Studies; 2015.  https: //cwis.org/wp-content/uploads/documents/premium/Realizing.UNDRIP.Implementation.pdf

Cite this article

Yu,W. (2025). Research on the Legal Responsibilities of Multinational Companies in Protecting the Rights of Indigenous Peoples: From the Perspective of American Law. Lecture Notes in Education Psychology and Public Media,110,19-25.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

About volume

Volume title: Proceedings of ICILLP 2025 Symposium: Digital Governance: Inter-Firm Coopetition and Legal Frameworks for Sustainability

ISBN: 978-1-80590-297-3(Print) / 978-1-80590-298-0(Online)
Editor: Renuka Thakore, Tonejit Gad-Harry
Conference website: https://www.icillp.org/Bristol.html
Conference date: 18 September 2025
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.110
ISSN: 2753-7048(Print) / 2753-7056(Online)

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