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Author : Mariana Kawall Leal Ferreira
Publisher :
ISBN 13 : 9780967533483
Total Pages : 218 pages
Book Rating : 4.5/5 (334 download)
Download or read book Acting for Indigenous Rights written by Mariana Kawall Leal Ferreira and published by . This book was released on 2013 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 2016-06-21 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. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights
Author : Deirdre Howard-Wagner
Publisher : ANU Press
ISBN 13 : 1760462217
Total Pages : 353 pages
Book Rating : 4.7/5 (64 download)
Download or read book The Neoliberal State, Recognition and Indigenous Rights written by Deirdre Howard-Wagner and published by ANU Press. This book was released on 2018-07-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy. The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.
Author : Claire Charters
Publisher : International Work Group for Indigenous Affairs
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)
Download or read book Making the Declaration Work written by Claire Charters and published by International Work Group for Indigenous Affairs. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
Author : Selwyn Katene
Publisher : Massey University Press
ISBN 13 : 0995109559
Total Pages : 232 pages
Book Rating : 4.9/5 (951 download)
Download or read book Conversations About Indigenous Rights written by Selwyn Katene and published by Massey University Press. This book was released on 2018-07-09 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN declaration on the Rights of Indigenous peoples is a deeply significant document. This book reflects on the tenth anniversary of the UN General Assembly's adoption of the Declaration and examines its relevance in New Zealand. It shows the strong alignment between the Treaty of Waitangi and the Declaration, and examines how the Declaration assists the interpretation and application of Treaty principles of partnership, protection and participation. Starting from a range of viewpoints and disciplines, the authors agree that in Aotearoa New Zealand the journey to full implementation is now well underway, but warn that greater political leadership, willpower, resources and a stronger government commitment is needed.
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 : Antonietta Di Blase
Publisher : Roma TrE-Press
ISBN 13 : 8832136929
Total Pages : 331 pages
Book Rating : 4.8/5 (321 download)
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.
Author : Marzia Scopelliti
Publisher : Routledge
ISBN 13 : 1000387127
Total Pages : 117 pages
Book Rating : 4.0/5 (3 download)
Download or read book Non-Governmental Actors in International Climate Change Law written by Marzia Scopelliti and published by Routledge. This book was released on 2021-07-28 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making. The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for the enhancement of non-governmental actors’ procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change. Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations’ representatives.
Author : S. James Anaya
Publisher : Oxford University Press, USA
ISBN 13 : 9780195173505
Total Pages : 414 pages
Book Rating : 4.1/5 (735 download)
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.
Author : Jackie Hartley
Publisher : UBC Press
ISBN 13 : 1895830567
Total Pages : 290 pages
Book Rating : 4.8/5 (958 download)
Download or read book Realizing the UN Declaration on the Rights of Indigenous Peoples written by Jackie Hartley and published by UBC Press. This book was released on 2010-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.
Author : Jaye T. Darby
Publisher : Bloomsbury Publishing
ISBN 13 : 1350035068
Total Pages : 281 pages
Book Rating : 4.3/5 (5 download)
Download or read book Critical Companion to Native American and First Nations Theatre and Performance written by Jaye T. Darby and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This foundational study offers an accessible introduction to Native American and First Nations theatre by drawing on critical Indigenous and dramaturgical frameworks. It is the first major survey book to introduce Native artists, plays, and theatres within their cultural, aesthetic, spiritual, and socio-political contexts. Native American and First Nations theatre weaves the spiritual and aesthetic traditions of Native cultures into diverse, dynamic, contemporary plays that enact Indigenous human rights through the plays' visionary styles of dramaturgy and performance. The book begins by introducing readers to historical and cultural contexts helpful for reading Native American and First Nations drama, followed by an overview of Indigenous plays and theatre artists from across the century. Finally, it points forward to the ways in which Native American and First Nations theatre artists are continuing to create works that advocate for human rights through transformative Native performance practices. Addressing the complexities of this dynamic field, this volume offers critical grounding in the historical development of Indigenous theatre in North America, while analysing key Native plays and performance traditions from the mainland United States and Canada. In surveying Native theatre from the late 19th century until today, the authors explore the cultural, aesthetic, and spiritual concerns, as well as the political and revitalization efforts of Indigenous peoples. This book frames the major themes of the genre and identifies how such themes are present in the dramaturgy, rehearsal practices, and performance histories of key Native scripts.
Author : Shea Elizabeth Esterling
Publisher :
ISBN 13 : 9781032540832
Total Pages : 0 pages
Book Rating : 4.5/5 (48 download)
Download or read book Indigenous Cultural Property and International Law written by Shea Elizabeth Esterling and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies"--
Author : Sherri Mitchell
Publisher : North Atlantic Books
ISBN 13 : 1623171962
Total Pages : 257 pages
Book Rating : 4.6/5 (231 download)
Download or read book Sacred Instructions written by Sherri Mitchell and published by North Atlantic Books. This book was released on 2018-02-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “profound and inspiring” collection of ancient indigenous wisdom for “anyone wanting the healing of self, society, and of our shared planet” (Peter Levine, author of Waking the Tiger: Healing Trauma). A Penobscot Indian draws on the experiences and wisdom of the First Nations to address environmental justice, water protection, generational trauma, and more. Drawing from ancestral knowledge, as well as her experience as an attorney and activist, Sherri Mitchell addresses some of the most crucial issues of our day—including indigenous land rights, environmental justice, and our collective human survival. Sharing the gifts she has received from the elders of her tribe, the Penobscot Nation, she asks us to look deeply into the illusions we have labeled as truth and which separate us from our higher mind and from one another. Sacred Instructions explains how our traditional stories set the framework for our belief systems and urges us to decolonize our language and our stories. It reveals how the removal of women from our stories has impacted our thinking and disrupted the natural balance within our communities. For all those who seek to create change, this book lays out an ancient world view and set of cultural values that provide a way of life that is balanced and humane, that can heal Mother Earth, and that will preserve our communities for future generations.
Author : Aman Gupta
Publisher :
ISBN 13 : 9788182052055
Total Pages : 340 pages
Book Rating : 4.0/5 (52 download)
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:
Author : Sarah Sargent
Publisher :
ISBN 13 : 9781789550894
Total Pages : 0 pages
Book Rating : 4.5/5 (58 download)
Download or read book Indigenous Rights written by Sarah Sargent and published by . This book was released on 2020-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over 25 years in the making, the UN Declaration on the Rights of Indigenous Peoples is described by the UN as setting an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation. The concerns and sticking points were consistently over some key provisions of the Declaration, such as indigenous peoples' right to self-determination and the control over natural resources existing on indigenous peoples' traditional lands. The four member states that voted against were Australia, Canada, New Zealand and the United States - though all four have since moved to endorse the Declaration. These papers discuss and examine relevant intellectual property law, human rights, family law, international treaty law and international economic law.
Author : Thalia Anthony
Publisher : Routledge
ISBN 13 : 1134620489
Total Pages : 273 pages
Book Rating : 4.1/5 (346 download)
Download or read book Indigenous People, Crime and Punishment written by Thalia Anthony and published by Routledge. This book was released on 2013-07-24 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.
Author : Cathal M. Doyle
Publisher : Routledge
ISBN 13 : 1317703170
Total Pages : 417 pages
Book Rating : 4.3/5 (177 download)
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.
