International Law And Indigenous Peoples
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International Law And Indigenous Peoples
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Author : Joshua Castellino
language : en
Publisher: BRILL
Release Date : 2005-03-01
International Law And Indigenous Peoples written by Joshua Castellino and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-01 with Law categories.
This volume highlights those instances in the work of international organizations where advances have been made concerning indigenous rights. It also devotes attention to the Permanent Forum on Indigenous Issues, to the Committee on the Elimination of Racial Discrimination, and to a number of thematic issues in the field. The human rights situations facing indigenous peoples in Australia, Bangladesh, Canada, India, Kenya, Mexico, Nicaragua, Nigeria and South Africa are dealt with in separate chapters.
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.
Indigenous Peoples As Subjects Of International Law
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Author : Irene Watson
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-14
Indigenous Peoples As Subjects Of International Law written by Irene Watson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Law categories.
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Indigenous Peoples In International Law
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Author : S. James Anaya
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
Indigenous Peoples In International Law written by S. James Anaya and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Traditional National And International Law And Indigenous Communities
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Author : Marianne O. Nielsen
language : en
Publisher: University of Arizona Press
Release Date : 2020-05-05
Traditional National And International Law And Indigenous Communities written by Marianne O. Nielsen and has been published by University of Arizona Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-05 with Social Science categories.
This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
The Rights Of Indigenous Peoples In International Law
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Author : University of Saskatchewan. Native Law Centre
language : en
Publisher: [Saskatoon] : University of Saskatchewan, Native Law Centre
Release Date : 1987
The Rights Of Indigenous Peoples In International Law written by University of Saskatchewan. Native Law Centre and has been published by [Saskatoon] : University of Saskatchewan, Native Law Centre this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.
Research Handbook On The International Law Of Indigenous Rights
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Author : Newman, Dwight
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-19
Research Handbook On The International Law Of Indigenous Rights written by Newman, Dwight and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-19 with Law categories.
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
The Inherent Rights Of Indigenous Peoples In International Law
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Author : Antonietta Di Blase
language : en
Publisher: Roma TrE-Press
Release Date : 2020-02-24
The Inherent Rights Of Indigenous Peoples In International Law written by Antonietta Di Blase and has been published by Roma TrE-Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-24 with Law categories.
This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.
The Foundations Of Modern International Law On Indigenous And Tribal Peoples
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Author : Lee Swepston
language : en
Publisher: BRILL
Release Date : 2018-09-17
The Foundations Of Modern International Law On Indigenous And Tribal Peoples written by Lee Swepston and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-17 with Law categories.
The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted.
Indigenous Peoples As Subjects Of International Law
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Author : Irene Watson
language : en
Publisher: Routledge
Release Date : 2017-07-14
Indigenous Peoples As Subjects Of International Law written by Irene Watson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Law categories.
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.