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Author :
Publisher :
ISBN 13 : 9786210424140
Total Pages : 336 pages
Book Rating : 4.4/5 (241 download)
Download or read book The Indigenous Peoples' Rights Act Commentaries and Guide in Practice written by and published by . This book was released on 2021 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jessie Hohmann
Publisher : Oxford University Press
ISBN 13 : 0199673225
Total Pages : 657 pages
Book Rating : 4.1/5 (996 download)
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.--
Author : Amanda Cats-Baril
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
ISBN 13 : 9176713245
Total Pages : 228 pages
Book Rating : 4.1/5 (767 download)
Download or read book Indigenous Peoples’ Rights in Constitutions Assessment Tool written by Amanda Cats-Baril and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2020-08-09 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.
Author : Lotte Hughes
Publisher : Verso
ISBN 13 : 9781859844380
Total Pages : 148 pages
Book Rating : 4.8/5 (443 download)
Download or read book The No-nonsense Guide to Indigenous Peoples written by Lotte Hughes and published by Verso. This book was released on 2003 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples have long suffered from exoticization. Outsiders elevate their beauty, remoteness and difference and do not see beyond this to the real problems they face. The No-Nonsense Guide to Indigenous Peoples looks beyond the exotic images, tracing the stories of different indigenous peoples from their first (and often fatal) contact with explorers and colonizers. Much of this history is told here by indigenous people themselves.They vividly describe why land and the natural world are so special to them; how it feels to be snatched from your family as a child because the government wants to "make you white"; why they are demanding that museums must return the bones of their ancestors; how can they retain their traditional culture while moving with the times; and what kinds of development are positive. This short guide discusses all this and more, raising countless issues for debate.
Author :
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.3/5 (91 download)
Download or read book Guide to R.A. 8371 written by and published by . This book was released on 1999 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 0816540411
Total Pages : 225 pages
Book Rating : 4.8/5 (165 download)
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.
Author : Damien Short
Publisher : Routledge
ISBN 13 : 1136313869
Total Pages : 486 pages
Book Rating : 4.1/5 (363 download)
Download or read book Handbook of Indigenous Peoples' Rights written by Damien Short and published by Routledge. This book was released on 2016-02-05 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.
Author : Joshua Castellino
Publisher : BRILL
ISBN 13 : 9047407326
Total Pages : 420 pages
Book Rating : 4.0/5 (474 download)
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.
Author : Rhiannon Morgan
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 9780754674450
Total Pages : 218 pages
Book Rating : 4.6/5 (744 download)
Download or read book Transforming Law and Institution written by Rhiannon Morgan and published by Ashgate Publishing, Ltd.. This book was released on 2011 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement"--Provided by publisher.
Author : Patrick Thornberry
Publisher : Manchester University Press
ISBN 13 : 1847795145
Total Pages : 502 pages
Book Rating : 4.8/5 (477 download)
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.
Author : Jérémie Gilbert
Publisher : BRILL
ISBN 13 : 9004323252
Total Pages : 349 pages
Book Rating : 4.0/5 (43 download)
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.
Author : Fergus MacKay
Publisher : Copenhagen, Denmark : International Work Groups for Indigenous Affairs
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.A/5 ( download)
Download or read book A Guide to Indigenous Peoples' Rights in the Inter-American Human Rights System written by Fergus MacKay and published by Copenhagen, Denmark : International Work Groups for Indigenous Affairs. This book was released on 2002 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guide to Indigenous Peoples' Rights in the Inter-American Human Rights System is one of an IWGIA's handbook series and aims to provide indigenous peoples and organizations with practical information to support their effective use of Inter-American human rights mechanisms and procedures for the vindication of their rights. While these procedures are far from perfect and certainly will not remedy all human rights problems, their use by indigenous peoples has led to concrete gains at the national and local levels in the past and can be expected to continue to do so in the future. Their use also further reinforces and develops indigenous rights norms at the international level, which provides additional strength to local and national advocacy and reform efforts. The guide sets out in detail how the Inter-American human rights system works. It summaries what rights are protected, with a focus on those of particular importance to indigenous peoples. It also provides detailed guidance on how to submit petitions to the Inter-American Commission on Human Rights. Summaries of relevant cases and judgments that have already passed through the system or ones that are in progress are also included. These cases and judgments show how the system deals with indigenous rights and provide concrete examples of how a case can be moved through the system, a illustrating some of the points made in the section on how to submit a petition. Finally, the last chapter of the book deals with the Proposed American Declaration on the Rights of Indigenous Peoples. Throughout the text, links are made to web sites containing relevant documents and the full text of cases or reports discussed.
Author : Lee Swepston
Publisher : BRILL
ISBN 13 : 9004289089
Total Pages : 354 pages
Book Rating : 4.0/5 (42 download)
Download or read book The Foundations of Modern International Law on Indigenous and Tribal Peoples written by Lee Swepston and published by BRILL. This book was released on 2018-09-17 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted.
Author : Federico Lenzerini
Publisher : OUP Oxford
ISBN 13 : 0191553050
Total Pages : 680 pages
Book Rating : 4.1/5 (915 download)
Download or read book Reparations for Indigenous Peoples written by Federico Lenzerini and published by OUP Oxford. This book was released on 2008-01-24 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
Author : Fergus MacKay
Publisher :
ISBN 13 : 9780954425234
Total Pages : 100 pages
Book Rating : 4.4/5 (252 download)
Download or read book A Guide to Indigenous Peoples' Rights in the International Labour Organization written by Fergus MacKay and published by . This book was released on 2003 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James A. Green
Publisher : Oxford University Press
ISBN 13 : 0191009571
Total Pages : 270 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Persistent Objector Rule in International Law written by James A. Green and published by Oxford University Press. This book was released on 2016-03-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
Author : John Borrows
Publisher : University of Toronto Press
ISBN 13 : 1442630957
Total Pages : 382 pages
Book Rating : 4.4/5 (426 download)
Download or read book Freedom and Indigenous Constitutionalism written by John Borrows and published by University of Toronto Press. This book was released on 2016-05-12 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.
