Indigenous Peoples And Land Rights

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Indigenous Peoples Land Rights Under International Law

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Author : Jérémie Gilbert
language : en
Publisher: BRILL
Release Date : 2007-03-23

Indigenous Peoples Land Rights Under International Law written by Jérémie Gilbert and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-23 with Law categories.

This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.

Indigenous Peoples Land Rights Under International Law

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Author : Jérémie Gilbert
language : en
Publisher: BRILL
Release Date : 2016-06-21

Indigenous Peoples Land Rights Under International Law written by Jérémie Gilbert and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-21 with Law categories.

This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights

Indigenous Land Rights In The Inter American System

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Author : Mariana Monteiro de Matos
language : en
Publisher: BRILL
Release Date : 2020-10-12

Indigenous Land Rights In The Inter American System written by Mariana Monteiro de Matos and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-12 with Law categories.

Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.

Indigenous Peoples And Land Rights

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Author : Joy Stellato Gabrielli
language : en
Publisher:
Release Date : 2003

Indigenous Peoples And Land Rights written by Joy Stellato Gabrielli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.

Land And Cultural Survival

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Author : Jayantha Perera
language : en
Publisher: Asian Development Bank
Release Date : 2009-09-01

Land And Cultural Survival written by Jayantha Perera and has been published by Asian Development Bank this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-01 with Business & Economics categories.

Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.

Indigenous Peoples And Real Estate Valuation

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Author : Robert A. Simons
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-01-07

Indigenous Peoples And Real Estate Valuation written by Robert A. Simons and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-07 with Business & Economics categories.

Sponsored by the American Real Estate Society (ARES), Indigenous Peoples and Real Estate Valuation addresses a wide variety of timely issues relating to property ownership, rights, and use, including: ancestral burial, historical record of occupancy, treaty implementation problems, eminent domain, the effects of large governmental change, financing projects under formal and informal title or deed document systems, exclusive ownership vs. non-exclusive use rights, public land ownership, tribal or family land claims, insurgency and war, legal systems of ownership, prior government expropriation of lands, moral obligation to indigenous peoples, colonial occupation, and common land leases. These issues can also be broadly grouped into topics, such as conflict between indigenous and western property rights, communal land ownership, land transfer by force, legacy issues related to past colonization and apartheid, and metaphysical/indigenous land value.

Indigenous Peoples Initiatives For Land Rights Recognition In Asia

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Author : Asia Indigenous Peoples Pact
language : en
Publisher:
Release Date : 2016

Indigenous Peoples Initiatives For Land Rights Recognition In Asia written by Asia Indigenous Peoples Pact and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.

Land And Forest Rights Of Amazonian Indigenous Peoples From A National And International Perspective

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Author : Siu Lang Carrillo Yap
language : en
Publisher: BRILL
Release Date : 2022-02-14

Land And Forest Rights Of Amazonian Indigenous Peoples From A National And International Perspective written by Siu Lang Carrillo Yap and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-14 with Law categories.

In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and natural sciences.

Land Indigenous Peoples And Conflict

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Author : Alan C. Tidwell
language : en
Publisher: Routledge
Release Date : 2015-10-05

Land Indigenous Peoples And Conflict written by Alan C. Tidwell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-05 with Law categories.

Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.

Divers Paths To Justice

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Author : Marcus Colchester
language : en
Publisher: Forest Peoples Programme
Release Date : 2011

Divers Paths To Justice written by Marcus Colchester and has been published by Forest Peoples Programme this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Indigenous peoples categories.