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Prior Consultation In International Law
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Book Synopsis Prior Consultation in International Law by : Frederic L. Kirgis
Download or read book Prior Consultation in International Law written by Frederic L. Kirgis and published by . This book was released on 1983 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the role and the value of prior consultation among nations in international law. International disputes frequently occur when one nation, with no hostile intent, takes unilateral action that adversely affects the interests of other nations. It is generally acknowledged that some of these disputes could be avoided, and others could be ameliorated, if the acting government would assess beforehand the risk of harm to other nations. The most effective way to do this is through prior consultation with representatives of potentially affected nations. When governments are able to act unilaterally, they have very little incentive to refrain from taking self-interested action in order to consider the adverse interests of other nations. Thus, it is important to determine the circumstances in which international law imposes on them a duty to consult. The author examines these determining circumstances in detail.
Book Synopsis Prior Consultation in International Law by : Joseph Gold
Download or read book Prior Consultation in International Law written by Joseph Gold and published by . This book was released on 1984 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
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 . This book was released on 2019 with total page 0 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).
Book Synopsis International Law and the Obligations of Prior Notification, Provision of Information and Consultation by : Paul Robert Mackay
Download or read book International Law and the Obligations of Prior Notification, Provision of Information and Consultation written by Paul Robert Mackay and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Consultation Clauses as Means of Providing for Treaty Obedience by : Judo Umarto Kusumowidagdo
Download or read book Consultation Clauses as Means of Providing for Treaty Obedience written by Judo Umarto Kusumowidagdo and published by . This book was released on 1981 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Right to Prior Consultation of Indigenous Peoples by : Amelia Alva-Arévalo
Download or read book The Right to Prior Consultation of Indigenous Peoples written by Amelia Alva-Arévalo and published by . This book was released on 2019 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 249 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 :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Procedure and Substance in International Environmental Law by : Jutta Brunnée
Download or read book Procedure and Substance in International Environmental Law written by Jutta Brunnée and published by BRILL. This book was released on 2021-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Book Synopsis The Right to Prior Consultation and the Incorporation of International Treaties in Colombia by : Carlos Daniel Munoz Chamorro
Download or read book The Right to Prior Consultation and the Incorporation of International Treaties in Colombia written by Carlos Daniel Munoz Chamorro and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under specific circumstances, Colombian Constitutional Court's decisions become constitutional precedent. Constitutional precedent establishes judicial sub-rules or regulations in given constitutional scenarios that must be followed by all actors involved in future legal disputes or constitutional examinations. In Colombia, judicial sub-rules are binding provisions and a source of law that make part of the national legal system. This study examines the judicial evolution of the constitutional rights to prior consultation with respect to the incorporation of international treaties impacting Indigenous peoples into the Colombian legal system. Looking at six leading cases from 2010 to 2019, the thesis finds that the Court has gradually moved toward a more protective set of sub-rules to guarantee the right to prior consultation over the time period studied. The research identifies four phases that shed light on the evolution of Indigenous rights to prior consultation.
Book Synopsis Digest of United States Practice in International Law by :
Download or read book Digest of United States Practice in International Law written by and published by . This book was released on 1975 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Law and the Environment by : Patricia W. Birnie
Download or read book International Law and the Environment written by Patricia W. Birnie and published by Oxford University Press. This book was released on 2009 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing the basic principles, structure and effectiveness of the international legal system concerning the protection of the world's natural environment, this text has been updated to take account of developments in genetically modified organisms and biotechnology.
Book Synopsis Framing Prior Consultation in Brazil by : Charlotte Schumann
Download or read book Framing Prior Consultation in Brazil written by Charlotte Schumann and published by transcript Verlag. This book was released on 2018-05-31 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a rich ethnographic and historic account of the juridification of prior consultation in Brazil. In her case study on the national regulation of ILO Convention 169, Charlotte Schumann critically examines the dynamic conflicts over competence and interpretation of this paramount safeguard mechanism for indigenous self-determination. The administrative center Brasília becomes the stage for a fierce struggle between state actors, social movements and experts over the limits of participation, the reification of cultural difference, and ways to vernacularize international human rights - leading to an intriguing discussion that interweaves law, anthropology and multiculturalist politics.
