Indigenous Peoples Status In The International Legal System

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Indigenous Peoples' Status in the International Legal System

Author : Mattias Åhrén
Publisher : Oxford University Press
ISBN 13 : 0198778198
Total Pages : 289 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Indigenous Peoples' Status in the International Legal System by : Mattias Åhrén

Download or read book Indigenous Peoples' Status in the International Legal System written by Mattias Åhrén and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination, and, if so, what should be the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

Indigenous Peoples in International Law

Author : S. James Anaya
Publisher :
ISBN 13 : 9780195173505
Total Pages : 414 pages
Book Rating : 4.1/5 (735 download)

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Book Synopsis Indigenous Peoples in International Law by : S. James Anaya

Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by . This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Peoples' Land Rights under International Law

Author : Jérémie Gilbert
Publisher : BRILL
ISBN 13 : 9047431308
Total Pages : 352 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Indigenous Peoples' Land Rights under International Law by : Jérémie Gilbert

Download or read book Indigenous Peoples' Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2007-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Traditional, National, and International Law and Indigenous Communities

Author : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 0816540411
Total Pages : 225 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Traditional, National, and International Law and Indigenous Communities by : Marianne O. Nielsen

Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Inherent Rights of Indigenous Peoples in International Law

Author : Antonietta Di Blase
Publisher : Roma TrE-Press
ISBN 13 : 8832136929
Total Pages : 331 pages
Book Rating : 4.8/5 (321 download)

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Book Synopsis The Inherent Rights of Indigenous Peoples in International Law by : Antonietta Di Blase

Download or read book The Inherent Rights of Indigenous Peoples in International Law written by Antonietta Di Blase and published by Roma TrE-Press. This book was released on 2020-02-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. DOI: 10.13134/978-88-32136-92-0

Indigenous Peoples as Subjects of International Law

Author : Irene Watson
Publisher : Taylor & Francis
ISBN 13 : 1317240669
Total Pages : 237 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Indigenous Peoples as Subjects of International Law by : Irene Watson

Download or read book Indigenous Peoples as Subjects of International Law written by Irene Watson and published by Taylor & Francis. This book was released on 2017-07-14 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Seeking Justice in International Law

Author : Mauro Barelli
Publisher : Routledge
ISBN 13 : 1317332172
Total Pages : 229 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Seeking Justice in International Law by : Mauro Barelli

Download or read book Seeking Justice in International Law written by Mauro Barelli and published by Routledge. This book was released on 2016-04-14 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.

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.--

Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters

Author : Brendan Tobin
Publisher : Routledge
ISBN 13 : 1317697545
Total Pages : 325 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters by : Brendan Tobin

Download or read book Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Towards International Personality

Author : Anna Meijknecht
Publisher : Intersentia nv
ISBN 13 : 905095166X
Total Pages : 287 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Towards International Personality by : Anna Meijknecht

Download or read book Towards International Personality written by Anna Meijknecht and published by Intersentia nv. This book was released on 2001 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.3. Dualism and Monism

International Law and Indigenous Peoples

Author : Joshua Castellino
Publisher : BRILL
ISBN 13 : 9047407326
Total Pages : 420 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Law and Indigenous Peoples by : Joshua Castellino

Download or read book International Law and Indigenous Peoples written by Joshua Castellino and published by BRILL. This book was released on 2005-03-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Changing Actors in International Law

Author : Karen Nadine Scott
Publisher : Developments in International
ISBN 13 : 9789004424142
Total Pages : 415 pages
Book Rating : 4.4/5 (241 download)

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Book Synopsis Changing Actors in International Law by : Karen Nadine Scott

Download or read book Changing Actors in International Law written by Karen Nadine Scott and published by Developments in International. This book was released on 2020-11-05 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--

Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective

Author : Siu Lang Carrillo Yap
Publisher : Studies in International Minor
ISBN 13 : 9789004439382
Total Pages : 416 pages
Book Rating : 4.4/5 (393 download)

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Book Synopsis Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective by : Siu Lang Carrillo Yap

Download or read book Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective written by Siu Lang Carrillo Yap and published by Studies in International Minor. This book was released on 2022 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Peoples and the Law

Author : Benjamin J Richardson
Publisher : Hart Publishing
ISBN 13 : 9781841137957
Total Pages : 446 pages
Book Rating : 4.1/5 (379 download)

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Book Synopsis Indigenous Peoples and the Law by : Benjamin J Richardson

Download or read book Indigenous Peoples and the Law written by Benjamin J Richardson and published by Hart Publishing. This book was released on 2009-04-16 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Aboriginal Peoples, Colonialism and International Law

Author : Irene Watson
Publisher : Routledge
ISBN 13 : 1317938372
Total Pages : 204 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Aboriginal Peoples, Colonialism and International Law by : Irene Watson

Download or read book Aboriginal Peoples, Colonialism and International Law written by Irene Watson and published by Routledge. This book was released on 2014-10-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.

International Human Rights and Indigenous Peoples

Author : S. James Anaya
Publisher : Aspen Publishing
ISBN 13 : 0735562482
Total Pages : 400 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis International Human Rights and Indigenous Peoples by : S. James Anaya

Download or read book International Human Rights and Indigenous Peoples written by S. James Anaya and published by Aspen Publishing. This book was released on 2009-09-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting book is the only one of its kind. International Human Rights and Indigenous Peoples (Aspen Elective Series) will be the first published compilation of materials and commentary intended for use in courses focusing on the subject of indigenous peoples within the international human rights system. S. James Anaya, co-author of the well-known casebook, International Human Rights: Problems of Law, Policy and Practice, uses carefully edited material from varied sources to illustrate the major issues facing indigenous peoples today. This unique addition to the Elective Series features: complete or edited versions of all the major contemporary international documents concerning indigenous peoples--declarations, treaties, decisions, and interpretive statements by international human rights and other institutions on the topic--placed in the context of relevant historical antecedents. materials highlighting the major issues concerning indigenous peoples, including issues of self-determination, culture, lands and resources, collective rights, state responsibility for historical wrongs, and the meaning of the "indigenous" rubric. The issues are then linked to actual cases concerning or situations faced by indigenous groups. edited materials from a range of authors along with insightful commentary providing in-depth discussion of the issues and developments discussion of the international and domestic mechanisms by which human rights norms concerning indigenous peoples are implemented. This provides students with an understanding of the practical implications of the norms and their potential strategic value. background material on the authority and workings of the various international institutions that are addressing indigenous issues, enabling students to understand the legal or political significance of the relevant developments and place those developments within the broader context of the international human rights system An invaluable resource for any course dealing with international human rights, International Human Rights and Indigenous Peoples (Aspen Elective Series) has just the right mix of institutional and case material, historical background and recent developments, and perceptive commentary.