El Derecho A La Consulta Previa A Pueblos Y Comunidades Indigenas

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The Prior Consultation of Indigenous Peoples in Latin America

Author : Claire Wright
Publisher : Routledge
ISBN 13 : 1351042084
Total Pages : 243 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The Prior Consultation of Indigenous Peoples in Latin America by : Claire Wright

Download or read book The Prior Consultation of Indigenous Peoples in Latin America written by Claire Wright and published by Routledge. This book was released on 2019-08-16 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).

Author :
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.4/5 (99 download)

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Book Synopsis by :

Download or read book written by and published by . This book was released on with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Requirement of Consultation with Indigenous Peoples in the ILO

Author : Maria Victoria Cabrera Ormaza
Publisher : BRILL
ISBN 13 : 9004356010
Total Pages : 262 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Requirement of Consultation with Indigenous Peoples in the ILO by : Maria Victoria Cabrera Ormaza

Download or read book The Requirement of Consultation with Indigenous Peoples in the ILO written by Maria Victoria Cabrera Ormaza and published by BRILL. This book was released on 2017-11-13 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 28 (2012)

Author : Inter-American Commission on Human Rights
Publisher : BRILL
ISBN 13 : 9004530436
Total Pages : 1358 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 28 (2012) by : Inter-American Commission on Human Rights

Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 28 (2012) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-10-24 with total page 1358 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Natural Resources, Extraction and Indigenous Rights in Latin America

Author : Marcela Torres Wong
Publisher : Routledge
ISBN 13 : 135121022X
Total Pages : 188 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Natural Resources, Extraction and Indigenous Rights in Latin America by : Marcela Torres Wong

Download or read book Natural Resources, Extraction and Indigenous Rights in Latin America written by Marcela Torres Wong and published by Routledge. This book was released on 2018-09-03 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1989, the International Labor Organization stated that all indigenous peoples living in the postcolonial world were entitled to the right to prior consultation, over activities that could potentially impact their territories and traditional livelihoods. However, in many cases the economic importance of industries such as mining and oil condition the way that governments implement the right to prior consultation. This book explores extractive conflicts between indigenous populations, the government and oil and mining companies in Latin America, namely Mexico, Peru and Bolivia. Building on two years of research and drawing on the state-corporate and environmental crime literatures, this book examines the legal, extralegal, illegal as well as political strategies used by the state and extractive companies to avoid undesired results produced by the legalization of the right to prior consultation. It examines the ways in which prior consultation is utilized by powerful indigenous actors to negotiate economic resources with the state and extractive companies, while also showing the ways in which weaker indigenous groups are incapable of engaging in prior consultations in a meaningful way and are therefore left at the mercy of negative ecological impacts. It demonstrates how social mobilization—not prior consultation—is the most effective strategy in preventing extraction from moving forward within ecologically fragile indigenous territories.

Indigenous Peoples, Natural Resources and Permanent Sovereignty

Author : Andrea Mensi
Publisher : BRILL
ISBN 13 : 9004523995
Total Pages : 347 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Indigenous Peoples, Natural Resources and Permanent Sovereignty by : Andrea Mensi

Download or read book Indigenous Peoples, Natural Resources and Permanent Sovereignty written by Andrea Mensi and published by BRILL. This book was released on 2022-12-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The UN Declaration on the Rights of Indigenous Peoples

Author : Jessie Hohmann
Publisher : Oxford University Press
ISBN 13 : 0199673225
Total Pages : 657 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The UN Declaration on the Rights of Indigenous Peoples by : Jessie Hohmann

Download or read book The UN Declaration on the Rights of Indigenous Peoples written by Jessie Hohmann and published by Oxford University Press. This book was released on 2018 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--

Derechos humanos y pueblos indígenas

Author : José Aylwin Oyarzún
Publisher : IWGIA
ISBN 13 : 9789562361613
Total Pages : 466 pages
Book Rating : 4.3/5 (616 download)

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Book Synopsis Derechos humanos y pueblos indígenas by : José Aylwin Oyarzún

Download or read book Derechos humanos y pueblos indígenas written by José Aylwin Oyarzún and published by IWGIA. This book was released on 2004 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Handbook of Indigenous Peoples' Rights

Author : Damien Short
Publisher : Routledge
ISBN 13 : 1136313869
Total Pages : 486 pages
Book Rating : 4.1/5 (363 download)

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Book Synopsis Handbook of Indigenous Peoples' Rights by : Damien Short

Download or read book Handbook of Indigenous Peoples' Rights written by Damien Short and published by Routledge. This book was released on 2016-02-05 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 31 (2015)

Author : Inter-American Commission on Human Rights
Publisher : BRILL
ISBN 13 : 9004530541
Total Pages : 952 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 31 (2015) by : Inter-American Commission on Human Rights

Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 31 (2015) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-08-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2015 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is published as an English-Spanish bilingual edition. The print edition is available as a set of three volumes (9789004338524).

Reclaiming collective rights

Author : Monterroso, I.
Publisher : CIFOR
ISBN 13 :
Total Pages : 42 pages
Book Rating : 4./5 ( download)

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Book Synopsis Reclaiming collective rights by : Monterroso, I.

Download or read book Reclaiming collective rights written by Monterroso, I. and published by CIFOR. This book was released on 2017-04-03 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Peru, since 1974, more than 1,200 communities have been titled in the Amazon for over 12 million hectares, representing about 20% of the country's national forest area. This working paper analyzes policy and regulatory changes that have influenced how indigenous peoples access, use and manage forest and land resources in the Peruvian Amazon during the last fifty years. It reviews the main motivations behind changes, the institutional structures defined by law and the outcomes of these changes in practice. The paper discusses political priorities related to land and forest tenure, social actors involved in reform debates and the mechanisms used for recognizing indigenous rights claims. The paper argues that there has not been a single reform process in Peru; instead multiple reforms have shaped forest tenure rights, contributing to both progress and setbacks for indigenous people and communities. This working paper is part of a global comparative research initiative that is analyzing reform processes that recognize collective tenure rights to forests and land in six countries in highly forested regions.

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 36 (2020) (VOLUME II)

Author : Inter-American Commission on Human Rights
Publisher : BRILL
ISBN 13 : 9004509925
Total Pages : 843 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 36 (2020) (VOLUME II) by : Inter-American Commission on Human Rights

Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 36 (2020) (VOLUME II) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2021-12-28 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights. The Yearbook is partly published as an English-Spanish bilingual edition. NB: This book is part of a three volume set. Each volume should be ordered separately!Vol 1 isbn 978-90-04-44560-4Vol 2 isbn 978-90-04-50440-0Vol 3 isbn 978-90-04-50991-7

Indigenous Collective Rights in Latin America

Author : Katherine Becerra Valdivia
Publisher : Rowman & Littlefield
ISBN 13 : 1666909114
Total Pages : 193 pages
Book Rating : 4.6/5 (669 download)

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Book Synopsis Indigenous Collective Rights in Latin America by : Katherine Becerra Valdivia

Download or read book Indigenous Collective Rights in Latin America written by Katherine Becerra Valdivia and published by Rowman & Littlefield. This book was released on 2022-09-23 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America is a region with high levels of recognition for Indigenous collective rights. Still, legal protections differ considerably among countries. Why do some countries in Latin America have a strong recognition of collective rights for Indigenous people while others do not? What are the factors that help enhance the presence of collective rights? The author argues that while Indigenous social movements are crucial to the protection of Indigenous rights, they are not enough. The recognition of these rights is influenced by organizational factors (such as coalitions between Indigenous peoples and non-Indigenous allies) as well as institutional conditions (including constitutional replacement and party systems). By employing qualitative comparative analysis (QCA) and case studies from Bolivia, Chile, Colombia, Ecuador, Guatemala, Mexico, and Peru, this book explores the ways various elements combine to create conditions for a variety of collective rights.

Contracting Human Rights

Author : Alison Brysk
Publisher : Edward Elgar Publishing
ISBN 13 : 1788112334
Total Pages : 311 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Contracting Human Rights by : Alison Brysk

Download or read book Contracting Human Rights written by Alison Brysk and published by Edward Elgar Publishing. This book was released on 2018 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. This multidisciplinary book contributes to building understanding of the maturation of human rights, from a dissident doctrine to a dynamic parameter of global governance and civil society. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, this book analyzes trends across multiple-issue areas.

Indigenous Political Representation in Latin America

Author : Adrian Albala
Publisher : Springer Nature
ISBN 13 : 3031339142
Total Pages : 261 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Indigenous Political Representation in Latin America by : Adrian Albala

Download or read book Indigenous Political Representation in Latin America written by Adrian Albala and published by Springer Nature. This book was released on 2023-07-19 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comparative analysis of the struggles of Latin American indigenous peoples for effective representation in national political systems in the region. Through a detailed exploration of the political dynamics of indigenous groups and examples of mechanisms of political representation, the studies in this book reveal how power relations, cleavages and indigenous civil society organizations are essential to our understanding of indigenous political participation. These studies closely inspect how collective action builds up at local level in grassroots organizations, and how it then articulates or not with larger mechanisms of regional and national political representation, providing a more comprehensive and comparative assessment of why and when representation works and fails for indigenous people. This contributed volume is organized around one general and comparative chapter on indigenous political representation in Latin America followed by eight case studies, divided into three main groups. The first group includes cases with a more inclusive political environment, such as Bolivia, Ecuador and Guatemala. The second group brings together cases with certain representation and/or active indigenous elites: Colombia, Mexico, and Paraguay. Tthe third group presents outlier cases with potential indigenous issues: Peru and Chile. Finally, the last chapter brings together reflections on how mechanisms for effective political representation can be improved and how indigenous organizations can be fostered to ensure effective political representation. Indigenous Political Representation in Latin America will be of interest to political scientists, sociologists and anthropologists studying both indigenous collective action and political representation by presenting a discussion on how to structure representation mechanisms capable of politically integrate the ethnic diversity of Latin American countries in order to build a multicultural citizenship. It will also help policy makers and activists by discussing the successes and failures of effective indigenous political representation in Latin America.

Andean States and the Resource Curse

Author : Gerardo Damonte
Publisher : Routledge
ISBN 13 : 1000527069
Total Pages : 262 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Andean States and the Resource Curse by : Gerardo Damonte

Download or read book Andean States and the Resource Curse written by Gerardo Damonte and published by Routledge. This book was released on 2021-12-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores institutional change and performance in the resource-rich Andean countries during the last resource boom and in the early post-boom years. The latest global commodity boom has profoundly marked the face of the resource-rich Andean region, significantly contributing to economic growth and notable reductions of poverty and income inequality. The boom also constituted a period of important institutional change, with these new institutions sharing the potential of preventing or mitigating the maladies extractive economies tend to suffer from, generally denominated as the “resource curse”. This volume explores these institutional changes in the Andean region to identify the factors that have shaped their emergence and to assess their performance. The interdisciplinary and comparative perspective of the chapters in this book provide fine-grained analyses of different new institutions introduced in the Andean countries and discusses their findings in the light of the resource curse approach. They argue that institutional change and performance depend upon a much larger set of factors than those generally identified by the resource curse literature. Different, domestic and external, economic, political and cultural factors such as ideological positions of decision-makers, international pressure or informal practices have shaped institutional dynamics in the region. Altogether, these findings emphasize the importance of nuanced and contextualized analysis to better understand institutional dynamics in the context of extractive economies. This book will be of great interest to students and scholars of the extractive industries, natural resource management, political economics, Latin American studies and sustainable development. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Earth Law

Author : Anthony R. Zelle
Publisher : Aspen Publishing
ISBN 13 : 1543820697
Total Pages : 952 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Earth Law by : Anthony R. Zelle

Download or read book Earth Law written by Anthony R. Zelle and published by Aspen Publishing. This book was released on 2020-09-18 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earth Law: Emerging Ecocentric Law—A Guide for Practitioners is a book for students and practicing lawyers who seek to preserve a habitable planet and question whether current environmental law is sufficient for the task. Earth law is the emerging body of ecocentric law for protecting, restoring, and stabilizing the functional interdependency of Earth’s life and life-support systems. Earth law may be expressed in constitutional, statutory, common law, and customary law, as well as in treaties and other agreements both public and private. It is a rapidly developing field in many nations, municipalities, Indigenous communities, and international institutions. This course of study is for students and lawyers who know that nature and human environmental rights need to have seats at the table of law—in courts, legislatures, administrative bodies, enforcement agencies, and civil society. Professors and students will benefit from: The first legal coursebook comprehensively addressing ecocentric law and jurisprudence Thorough exploration of critical, rapidly evolving topics such as rights of future generations, atmospheric trust litigation, the public trust doctrine, ecocide, the climate necessity defense, Indigenous legalities, and rights of nature laws in their many forms Expansive examination of the settings in which Earth law is developing and the principles of Earth jurisprudence on which it is based A penetrating critique of environmental law frameworks developed since the 1970s. Practical and theoretical foundations for developing systems of ecological governance and the ethical responsibilities of lawyers, individually and collectively Accumulated knowledge, experience, and perspective of more than 20 authors and editors active in the field Practical tools for the Earth law practitioner’s toolbox