The term social license is generally understood as an intangible representation of ongoing approval or acceptance of a project by affected communities, which can be withdrawn at any time, distinct from a legal or regulatory license granted by a government. This paper looks at the concept through the lens of the extractive sector in the developing world and explores the history of violations of land and human rights of indigenous and rural communities living around these resources. While corporate actors often maintain that acquiring a social license is voluntary and different from obtaining consent, this paper suggests instead that the idea of a license that can be withdrawn represents an assertion of power by people whose land and human rights have been consistently violated, and a recognition of that power by the corporate sector. This article will explore the relationship between the need for a social license and institutional characteristics related to land rights; the FPIC and CSR constructs as responses to such issues and their limitations; and whether and why the social license construct may be used as an empowerment tool for communities to assert their rights and obtain the protection they have been long denied.Juliette Syn is a legal and international development professional who specializes in human rights and development. Her areas of emphasis include natural resource management, customary and statutory land tenure, administration and reform, social justice and legal empowerment, and equitable economic development. She has worked on these issues in the Democratic Republic of Congo, Indonesia, Liberia, and South Sudan. Correspondence to: Juliette
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