The Inherent Rights Of Indigenous Peoples In International Law
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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 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.
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 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.
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.
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.
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.
Adat And Indigeneity In Indonesia Culture And Entitlements Between Heteronomy And Self Ascription
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Author : Brigitta Hauser-Schäublin
language : en
Publisher:
Release Date : 2013
Adat And Indigeneity In Indonesia Culture And Entitlements Between Heteronomy And Self Ascription written by Brigitta Hauser-Schäublin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
A number of UN conventions and declarations (on the Rights of Indigenous Peoples, the Protection and Promotion of the Diversity of Cultural Expressions and the World Heritage Conventions) can be understood as instruments of international governance to promote democracy and social justice worldwide. In Indonesia (as in many other countries), these international agreements have encouraged the self-assertion of communities that had been oppressed and deprived of their land, especially during the New Order regime (1966-1998). More than 2,000 communities in Indonesia who define themselves as masyarakat adat or “indigenous peoples” had already joined the Indigenous Peoples' Alliance of the Archipelago” (AMAN) by 2013. In their efforts to gain recognition and selfdetermination, these communities are supported by international donors and international as well as national NGOs by means of development programmes. In the definition of masyarakat adat, “culture” or adat plays an important role in the communities' self-definition. Based on particular characteristics of their adat, the asset of their culture, they try to distinguish themselves from others in order to substantiate their claims for the restitution of their traditional rights and property (namely land and other natural resources) from the state. The authors of this volume investigate how differently structured communities - socially, politically and religiously - and associations reposition themselves vis-à-vis others, especially the state, not only by drawing on adat for achieving particular goals, but also dignity and a better future.
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 Un Declaration On The Rights Of Indigenous Peoples
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Author : Jessie Hohmann
language : en
Publisher: Oxford University Press
Release Date : 2018-03-09
The Un Declaration On The Rights Of Indigenous Peoples written by Jessie Hohmann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-09 with Law categories.
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples