Indigenous Peoples Title To Territory Rights And Resources
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Indigenous Peoples Title To Territory Rights And Resources
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Author : Cathal M. Doyle
language : en
Publisher: Routledge
Release Date : 2014-11-20
Indigenous Peoples Title To Territory Rights And Resources written by Cathal M. Doyle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-20 with Law categories.
The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.
Indigenous Peoples Title To Territory Rights And Resources
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Author : Cathal M. Doyle
language : en
Publisher: Routledge
Release Date : 2014-11-20
Indigenous Peoples Title To Territory Rights And Resources written by Cathal M. Doyle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-20 with Law categories.
The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.
Indigenous Peoples Land Rights Under International Law
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Author : Jérémie Gilbert
language : en
Publisher: BRILL
Release Date : 2016-07-08
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 2016-07-08 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 United Nations Declaration On The Rights Of Indigenous Peoples
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Author : Damien Short
language : en
Publisher: Routledge
Release Date : 2020-12-17
The United Nations Declaration On The Rights Of Indigenous Peoples written by Damien Short and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Political Science categories.
The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.
State Of The World S Indigenous Peoples
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Author : United Nations Department of Economic and Social Affairs
language : en
Publisher:
Release Date : 2021
State Of The World S Indigenous Peoples written by United Nations Department of Economic and Social Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
This publication offers a wide-ranging perspective on indigenous peoples' rights to lands, territories and resources, examining legislation and agreements at the national and international level, identifying successful practices and continued obstacles, and suggesting ways forward. Adopted in 2007, the Declaration on the Rights of Indigenous Peoples positions the right to self-determination and collective rights to lands, territories and resources at its core. Previously two of the most politically charged issues under negotiation, the right to self-determination and the right to natural resources on indigenous lands and territories remain politicized more than 10 years later. Specifically addressed in Articles 25 through 32, indigenous peoples' relationship to their land, territory and resources is at the heart of their identity, well-being and culture, while preservation of the environment, transmitted through generations of traditional knowledge, is at the center of their existence. As the world increasingly recognizes the negative impacts of climate change and environmental degradation to health, food security and overall peace and security, the importance of indigenous knowledge and territorial rights is becoming more widely acknowledged. Moreover, the 2030 Agenda's integrated approach to economic, environmental and social development within a human rights framework gives space to demonstrate how indigenous stewardship of lands, territories and resources can achieve accelerated action towards implementation of several Sustainable Development Goals.
Political Theory And The Rights Of Indigenous Peoples
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Author : Duncan Ivison
language : en
Publisher: Cambridge University Press
Release Date : 2000-10-12
Political Theory And The Rights Of Indigenous Peoples written by Duncan Ivison and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-10-12 with Political Science categories.
This 2001 book focuses on the problem of justice for indigenous peoples and the ways in which this poses key questions for political theory: the nature of sovereignty, the grounds of national identity and the limits of democratic theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonization in these countries nevertheless raise common problems and questions for political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the 'decolonisation' of relations between indigenous and non-indigenous peoples.
State Of The World S Indigenous Peoples
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Author : United Nations
language : en
Publisher: UN
Release Date : 2021-04-30
State Of The World S Indigenous Peoples written by United Nations and has been published by UN this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with categories.
This publication offers a wide-ranging perspective on indigenous peoples' rights to lands, territories and resources, examining legislation and agreements at the national and international level, identifying successful practices and continued obstacles, and suggesting ways forward. Adopted in 2007, the Declaration on the Rights of Indigenous Peoples positions the right to self-determination and collective rights to lands, territories and resources at its core. Previously two of the most politically charged issues under negotiation, the right to self-determination and the right to natural resources on indigenous lands and territories remain politicized more than 10 years later. Specifically addressed in Articles 25 through 32, indigenous peoples' relationship to their land, territory and resources is at the heart of their identity, well-being and culture, while preservation of the environment, transmitted through generations of traditional knowledge, is at the centre of their existence. The importance of indigenous knowledge and territorial rights is becoming more widely acknowledged. Moreover, the 2030 Agenda's integrated approach to economic, environmental and social development within a human rights framework gives space to demonstrate how indigenous stewardship of lands, territories and resources can achieve accelerated action towards implementation of several Sustainable Development Goals.
Indigenous Peoples Natural Resources And Permanent Sovereignty
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Author : Andrea Mensi
language : en
Publisher: BRILL
Release Date : 2022-12-19
Indigenous Peoples Natural Resources And Permanent Sovereignty written by Andrea Mensi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-19 with Law categories.
This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Indigenous Peoples
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Author : Svein Jentoft
language : en
Publisher: Eburon Uitgeverij B.V.
Release Date : 2003
Indigenous Peoples written by Svein Jentoft and has been published by Eburon Uitgeverij B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Social Science categories.
"Since the Rio Earth Summit in 1992, a legal process within the auspices of the UN has been underway that may help indigenous peoples to sustain their natural environment, industries, and cultures. This book addresses some of the legal, political and institutional implications of those processes." - Back cover.
Indigenous People And The Roles Of Culture Law And Globalization
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Author : Kennedy M. Maranga
language : en
Publisher: Universal-Publishers
Release Date : 2013
Indigenous People And The Roles Of Culture Law And Globalization written by Kennedy M. Maranga and has been published by Universal-Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Social Science categories.
This book explores the history, culture, rights and the effects of globalization on indigenous people in the Americas, Asia-Pacific, and Africa from an evaluative and critical perspective. Unlike discipline-based textbooks, this volume seeks to contribute to the social discourse around indigenousness and to engage readers in a shared sense of humanity and empowerment for these groups of individuals. Among the issues addressed are: who indigenous people are, culture and colonization, self-determination, the impact of legal theory and judicial decisions, land rights, poverty, lack of healthcare, international human rights law, tourism, treaties, and globalization. The book concludes by addressing what it means to be an indigenous person in the 21st century, and calling upon policymakers to recognize the importance of preserving indigenous people's territories, languages, cultures and collective rights.