Native Title Private Right And Tribal Land Law

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Land Tenure in Oceania

Author : Henry Peder Lundsgaarde
Publisher : University of Hawaii Press
ISBN 13 : 0824883721
Total Pages : 300 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Land Tenure in Oceania by : Henry Peder Lundsgaarde

Download or read book Land Tenure in Oceania written by Henry Peder Lundsgaarde and published by University of Hawaii Press. This book was released on 2019-09-30 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of land tenure in social anthropology have usually been deeply embedded in broader empirical and theoretical explanations of social, economic, legal, and political institutions. In this volume the editors have sought to correct the emphasis of previous studies by focusing our attention directly on land tenure in Oceania, without, it must be added, losing sight of the connections between land tenure principles and general social structure. The editors have deliberately looked for similarities by analyzing each tenure system from the same analytical and conceptual perspective. Chapters 1 and 9 specifically discuss the methodological and theoretical framework that evolved in the course of analyzing the seven tenure systems described in chapters 2 through 8. The difficulties and problems encountered by the contributors in presenting their data in comparable form is reflected by the more than three years of analysis, writing, editing, and rewriting necessary to complete this volume. The seven substantive ethnographic chapters illustrate the range and diversity in the land tenure practices which are found within the vast culture area of Oceania. The similarities in basic tenure principles between all seven systems seem all the more remarkable in light of the varied geographical and cultural settings of the seven societies. In all of these societies we find a complete absence of fee simple ownership and a corresponding presence of entailed family estates. The ethnography reveals tenure principles that detail an impressive number and variety of separate categories of property. Each category, in turn, includes an even greater number of rights and duties that symbolize different forms of proprietorship. The differential allocation of these rights and duties among persons and groups represents the exact point of connection between land tenure and social structure. For example, kinship principles that specify the distribution of authority within age, sex, descent, and status categories converge on such tenure principles as land use, land distribution, succession, and inheritance. Principles of political organization concerning the relative scaling of authority and power within the society have clear parallels in the land tenure system, where corporate and individual tenure privileges are differentiated. Economic principles subtly merge with land tenure principles in social domains, where land as a resource and land as a value intersect.

Report on the Situation of Human Rights in Ecuador

Author :
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Report on the Situation of Human Rights in Ecuador by :

Download or read book Report on the Situation of Human Rights in Ecuador written by and published by . This book was released on 1997 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: OF JUSTICE IN ECUADOR

Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh

Author : Rajkumari Chandra Kalindi Roy
Publisher : IWGIA
ISBN 13 : 9788790730291
Total Pages : 236 pages
Book Rating : 4.7/5 (32 download)

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Book Synopsis Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh by : Rajkumari Chandra Kalindi Roy

Download or read book Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh written by Rajkumari Chandra Kalindi Roy and published by IWGIA. This book was released on 2000 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.

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.

Indigenous Water Rights in Law and Regulation

Author : Elizabeth Jane Macpherson
Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson

Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Handbook of Federal Indian Law

Author : Felix S. Cohen
Publisher :
ISBN 13 :
Total Pages : 662 pages
Book Rating : 4.:/5 (223 download)

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Book Synopsis Handbook of Federal Indian Law by : Felix S. Cohen

Download or read book Handbook of Federal Indian Law written by Felix S. Cohen and published by . This book was released on 1971 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Aboriginal Title and Indigenous Peoples

Author : Louis A. Knafla
Publisher : UBC Press
ISBN 13 : 0774859296
Total Pages : 280 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Title and Indigenous Peoples by : Louis A. Knafla

Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Report on the Situation of Human Rights in Brazil

Author : Inter-American Commission on Human Rights
Publisher : General Secretariat Organization of American States
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Report on the Situation of Human Rights in Brazil by : Inter-American Commission on Human Rights

Download or read book Report on the Situation of Human Rights in Brazil written by Inter-American Commission on Human Rights and published by General Secretariat Organization of American States. This book was released on 1997 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: D. THE INDIGENOUS LANDS

Creating Indigenous Property

Author : Angela Cameron
Publisher : University of Toronto Press
ISBN 13 : 148753213X
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Creating Indigenous Property by : Angela Cameron

Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.

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.

Land and Cultural Survival

Author : Jayantha Perera
Publisher : Asian Development Bank
ISBN 13 : 9292547135
Total Pages : 326 pages
Book Rating : 4.2/5 (925 download)

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Book Synopsis Land and Cultural Survival by : Jayantha Perera

Download or read book Land and Cultural Survival written by Jayantha Perera and published by Asian Development Bank. This book was released on 2009-09-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.

Evolving Land Rights, Policy and Tenure in Africa

Author : Camilla Toulmin
Publisher : IIED
ISBN 13 : 1899825517
Total Pages : 5 pages
Book Rating : 4.8/5 (998 download)

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Book Synopsis Evolving Land Rights, Policy and Tenure in Africa by : Camilla Toulmin

Download or read book Evolving Land Rights, Policy and Tenure in Africa written by Camilla Toulmin and published by IIED. This book was released on 2000 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Common Law, Civil Law, and Colonial Law

Author : William Eves
Publisher : Cambridge University Press
ISBN 13 : 1108960448
Total Pages : 349 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Common Law, Civil Law, and Colonial Law by : William Eves

Download or read book Common Law, Civil Law, and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.

Land Tenure in the Pacific

Author : R. G. Crocombe
Publisher : [email protected]
ISBN 13 : 9789251021194
Total Pages : 440 pages
Book Rating : 4.0/5 (211 download)

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Book Synopsis Land Tenure in the Pacific by : R. G. Crocombe

Download or read book Land Tenure in the Pacific written by R. G. Crocombe and published by [email protected]. This book was released on 1987 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Early California Laws and Policies Related to California Indians

Author : Kimberly Johnston-Dodds
Publisher : California Research Bureau
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Early California Laws and Policies Related to California Indians by : Kimberly Johnston-Dodds

Download or read book Early California Laws and Policies Related to California Indians written by Kimberly Johnston-Dodds and published by California Research Bureau. This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.

Regaining Paradise Lost: Indigenous Land Rights and Tourism

Author : Mary Kristerie A. Baleva
Publisher : BRILL
ISBN 13 : 900437678X
Total Pages : 343 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Regaining Paradise Lost: Indigenous Land Rights and Tourism by : Mary Kristerie A. Baleva

Download or read book Regaining Paradise Lost: Indigenous Land Rights and Tourism written by Mary Kristerie A. Baleva and published by BRILL. This book was released on 2018-11-26 with total page 343 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.