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Indigenous Peoples Title To Territory Rights And Resources
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Book Synopsis Indigenous Peoples, Title to Territory, Rights and Resources by : Cathal M. Doyle
Download or read book Indigenous Peoples, Title to Territory, Rights and Resources written by Cathal M. Doyle and published by Routledge. This book was released on 2014-11-20 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 2016-07-08 with total page 349 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, 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.
Book Synopsis Regaining Paradise Lost by : Mary Kristerie A. Baleva
Download or read book Regaining Paradise Lost written by Mary Kristerie A. Baleva and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mary Kristerie A. Baleva's Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development. It chronicles the Ati Community's 15-year struggle for recognition of their ancestral domains in Boracay Island, the region's premiere beach destination.
Author :United Nations Department of Economic and Social Affairs Publisher : ISBN 13 :9789210054881 Total Pages :192 pages Book Rating :4.0/5 (548 download)
Book Synopsis State of the World's Indigenous Peoples by : United Nations Department of Economic and Social Affairs
Download or read book State of the World's Indigenous Peoples written by United Nations Department of Economic and Social Affairs and published by . This book was released on 2021 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Governing Indigenous Territories by : Juliet S. Erazo
Download or read book Governing Indigenous Territories written by Juliet S. Erazo and published by Duke University Press. This book was released on 2013-07-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governing Indigenous Territories illuminates a paradox of modern indigenous lives. In recent decades, native peoples from Alaska to Cameroon have sought and gained legal title to significant areas of land, not as individuals or families but as large, collective organizations. Obtaining these collective titles represents an enormous accomplishment; it also creates dramatic changes. Once an indigenous territory is legally established, other governments and organizations expect it to act as a unified political entity, making decisions on behalf of its population and managing those living within its borders. A territorial government must mediate between outsiders and a not-always-united population within a context of constantly shifting global development priorities. The people of Rukullakta, a large indigenous territory in Ecuador, have struggled to enact sovereignty since the late 1960s. Drawing broadly applicable lessons from their experiences of self-rule, Juliet S. Erazo shows how collective titling produces new expectations, obligations, and subjectivities within indigenous territories.
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.
Author :United Nations Department of Economic and Social Affairs Publisher :United Nations ISBN 13 :9210548434 Total Pages :250 pages Book Rating :4.2/5 (15 download)
Book Synopsis State of the World's Indigenous Peoples by : United Nations Department of Economic and Social Affairs
Download or read book State of the World's Indigenous Peoples written by United Nations Department of Economic and Social Affairs and published by United Nations. This book was released on 2011-05-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.
Book Synopsis The Rights of Indigenous Peoples in Marine Areas by : Stephen Allen
Download or read book The Rights of Indigenous Peoples in Marine Areas written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
Book Synopsis Indigenous peoples and human rights by : Patrick Thornberry
Download or read book Indigenous peoples and human rights written by Patrick Thornberry and published by Manchester University Press. This book was released on 2013-07-19 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in different cultures, including America, Africa and Australia. It defines "indigenous peoples" and looks at their position in international law.
Book Synopsis Biocultural Rights, Indigenous Peoples and Local Communities by : Fabien Girard
Download or read book Biocultural Rights, Indigenous Peoples and Local Communities written by Fabien Girard and published by Routledge. This book was released on 2022-04-18 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) being increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn from field-based research around the world is presented in this part. Comprehensive chapters also explore the negotiation process and raise stimulating questions about the role of international brokers and organizations and the way they can use BCPs/CPs as disciplinary tools for national and regional planning or to serve powerful institutional interests. Finally, the third part of the book considers whether BCPs/CPs, notably through their emphasis on "stewardship of nature" and "tradition", can be seen as problematic arrangements that constrain indigenous peoples within the Western imagination, without any hope of them reconstructing their identities according to their own visions, or whether they can be seen as political tools and representational strategies used by indigenous peoples in their struggle for greater rights to their land, territories and resources, and for more political space. This volume will be of great interest to students and scholars of environmental law, indigenous peoples, biodiversity conservation and environmental anthropology. It will also be of great use to professionals and policymakers involved in environmental management and the protection of indigenous rights. 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
Book Synopsis State of the World's Indigenous Peoples by : United Nations
Download or read book State of the World's Indigenous Peoples written by United Nations and published by UN. This book was released on 2021-04-30 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Political Theory and the Rights of Indigenous Peoples by : Duncan Ivison
Download or read book Political Theory and the Rights of Indigenous Peoples written by Duncan Ivison and published by Cambridge University Press. This book was released on 2000-10-12 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights of Indigenous Peoples by : Aman Gupta
Download or read book Human Rights of Indigenous Peoples written by Aman Gupta and published by . This book was released on 2005 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Indigenous Peoples, Consent and Rights by : Stephen Young
Download or read book Indigenous Peoples, Consent and Rights written by Stephen Young and published by Routledge. This book was released on 2019-11-19 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.
Book Synopsis The United Nations Declaration on the Rights of Indigenous Peoples by : Damien Short
Download or read book The United Nations Declaration on the Rights of Indigenous Peoples written by Damien Short and published by Routledge. This book was released on 2020-12-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Oxford University Press, USA. 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.
Book Synopsis Indigenous Peoples by : Svein Jentoft
Download or read book Indigenous Peoples written by Svein Jentoft and published by Eburon Uitgeverij B.V.. This book was released on 2003 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
