Indigenous Peoples In International Law

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Indigenous Peoples in International Law

Author : S. James Anaya
Publisher : Oxford University Press, USA
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 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.

Traditional, National, and International Law and Indigenous Communities

Author : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 0816540411
Total Pages : 225 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Traditional, National, and International Law and Indigenous Communities by : Marianne O. Nielsen

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.

The Inherent Rights of Indigenous Peoples in International Law

Author : Antonietta Di Blase
Publisher : Roma TrE-Press
ISBN 13 : 8832136929
Total Pages : 331 pages
Book Rating : 4.8/5 (321 download)

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Book Synopsis The Inherent Rights of Indigenous Peoples in International Law by : Antonietta Di Blase

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.

Indigenous Peoples' Land Rights under International Law

Author : Jérémie Gilbert
Publisher : BRILL
ISBN 13 : 9004323252
Total Pages : 349 pages
Book Rating : 4.0/5 (43 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 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.

Indigenous Peoples as Subjects of International Law

Author : Irene Watson
Publisher : Taylor & Francis
ISBN 13 : 1317240669
Total Pages : 226 pages
Book Rating : 4.3/5 (172 download)

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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 226 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.

International Law and Indigenous Peoples

Author : Joshua Castellino
Publisher : BRILL
ISBN 13 : 9047407326
Total Pages : 420 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Law and Indigenous Peoples by : Joshua Castellino

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.

Indigenous Peoples and International Trade

Author : John Borrows
Publisher : Cambridge University Press
ISBN 13 : 1108659179
Total Pages : 355 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Indigenous Peoples and International Trade by : John Borrows

Download or read book Indigenous Peoples and International Trade written by John Borrows and published by Cambridge University Press. This book was released on 2020-06-18 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

Indigenous Peoples, Postcolonialism, and International Law

Author : Luis Rodríguez-Piñero
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 442 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Indigenous Peoples, Postcolonialism, and International Law by : Luis Rodríguez-Piñero

Download or read book Indigenous Peoples, Postcolonialism, and International Law written by Luis Rodríguez-Piñero and published by Oxford University Press, USA. This book was released on 2005 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the work of the International Labour Organisation (ILO) in developing the status of indigenous peoples in international law. Focussing on the creation and implementation of the two legally binding international instruments in the area, this book traces the political processes in the struggle of indigenous peoples for legal recognition.

Indigenous Peoples' Status in the International Legal System

Author : Mattias Åhrén
Publisher : Oxford University Press
ISBN 13 : 0191083968
Total Pages : 288 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Indigenous Peoples' Status in the International Legal System by : Mattias Åhrén

Download or read book Indigenous Peoples' Status in the International Legal System written by Mattias Åhrén and published by Oxford University Press. This book was released on 2016-03-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination, and, if so, what should be the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

At the Margins of Globalization

Author : Sergio Puig
Publisher : Cambridge University Press
ISBN 13 : 1108497640
Total Pages : 167 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis At the Margins of Globalization by : Sergio Puig

Download or read book At the Margins of Globalization written by Sergio Puig and published by Cambridge University Press. This book was released on 2021-05-13 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how Indigenous Peoples are impacted by globalization and the cult of the individual that often accompanies the phenomenon.

Indigenous peoples and human rights

Author : Patrick Thornberry
Publisher : Manchester University Press
ISBN 13 : 1847795145
Total Pages : 502 pages
Book Rating : 4.8/5 (477 download)

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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.

Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription

Author : Brigitta Hauser-Schäublin
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (128 download)

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Book Synopsis Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription by : Brigitta Hauser-Schäublin

Download or read book Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription written by Brigitta Hauser-Schäublin and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of UN conventions and declarations (on the Rights of Indigenous Peoples, the Protection and Promotion of the Diversity of Cultural Expressions and the World Heritage Conventions) can be understood as instruments of international governance to promote democracy and social justice worldwide. In Indonesia (as in many other countries), these international agreements have encouraged the self-assertion of communities that had been oppressed and deprived of their land, especially during the New Order regime (1966-1998). More than 2,000 communities in Indonesia who define themselves as masyarakat adat or “indigenous peoples” had already joined the Indigenous Peoples' Alliance of the Archipelago” (AMAN) by 2013. In their efforts to gain recognition and selfdetermination, these communities are supported by international donors and international as well as national NGOs by means of development programmes. In the definition of masyarakat adat, “culture” or adat plays an important role in the communities' self-definition. Based on particular characteristics of their adat, the asset of their culture, they try to distinguish themselves from others in order to substantiate their claims for the restitution of their traditional rights and property (namely land and other natural resources) from the state. The authors of this volume investigate how differently structured communities - socially, politically and religiously - and associations reposition themselves vis-à-vis others, especially the state, not only by drawing on adat for achieving particular goals, but also dignity and a better future.

Peoples and International Law

Author : James Summers
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004232966
Total Pages : 671 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Peoples and International Law by : James Summers

Download or read book Peoples and International Law written by James Summers and published by Martinus Nijhoff Publishers. This book was released on 2014-04-09 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration.

Indigenous Peoples and the Law

Author : Benjamin J Richardson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942203
Total Pages : 446 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Indigenous Peoples and the Law by : Benjamin J Richardson

Download or read book Indigenous Peoples and the Law written by Benjamin J Richardson and published by Bloomsbury Publishing. This book was released on 2009-03-18 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

Indigenous Peoples, Consent and Rights

Author : Stephen Young
Publisher : Routledge
ISBN 13 : 1000752658
Total Pages : 220 pages
Book Rating : 4.0/5 (7 download)

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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.

Citizens Plus

Author : Alan C. Cairns
Publisher : UBC Press
ISBN 13 : 0774841354
Total Pages : 290 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Citizens Plus by : Alan C. Cairns

Download or read book Citizens Plus written by Alan C. Cairns and published by UBC Press. This book was released on 2011-11-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Citizens Plus, Alan Cairns unravels the historical record to clarify the current impasse in negotiations between Aboriginal peoples and the state. He considers the assimilationist policy assumptions of the imperial era, examines more recent government initiatives, and analyzes the emergence of the nation-to-nation paradigm given massive support by the Royal Commission on Aboriginal Peoples. We are battered by contending visions, he argues - a revised assimilation policy that finds its support in the Canadian Alliance Party is countered by the nation-to-nation vision, which frames our future as coexisting solitudes. Citizens Plus stakes out a middle ground with its support for constitutional and institutional arrangements which will simultaneously recognize Aboriginal difference and reinforce a solidarity which binds us together in common citizenship. Selected as a BC Book for Everybody

Seeking Justice in International Law

Author : Mauro Barelli
Publisher : Routledge
ISBN 13 : 1317332172
Total Pages : 229 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Seeking Justice in International Law by : Mauro Barelli

Download or read book Seeking Justice in International Law written by Mauro Barelli and published by Routledge. This book was released on 2016-04-14 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.