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Indigenous Peoples Title To Territory Rights And Resources
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Book Synopsis Indigenous Peoples, Title to Territory, Rights and Resources by : Cathal M. Doyle
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.
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.
Author :United Nations Department of Economic and Social Affairs Publisher : ISBN 13 :9789210054881 Total Pages :192 pages Book Rating :4.0/5 (548 download)
Book Synopsis State of the World's Indigenous Peoples by : United Nations Department of Economic and Social Affairs
Download or read book State of the World's Indigenous Peoples written by United Nations Department of Economic and Social Affairs and published by . This book was released on 2021 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication offers a wide-ranging perspective on indigenous peoples' rights to lands, territories and resources, examining legislation and agreements at the national and international level, identifying successful practices and continued obstacles, and suggesting ways forward. Adopted in 2007, the Declaration on the Rights of Indigenous Peoples positions the right to self-determination and collective rights to lands, territories and resources at its core. Previously two of the most politically charged issues under negotiation, the right to self-determination and the right to natural resources on indigenous lands and territories remain politicized more than 10 years later. Specifically addressed in Articles 25 through 32, indigenous peoples' relationship to their land, territory and resources is at the heart of their identity, well-being and culture, while preservation of the environment, transmitted through generations of traditional knowledge, is at the center of their existence. As the world increasingly recognizes the negative impacts of climate change and environmental degradation to health, food security and overall peace and security, the importance of indigenous knowledge and territorial rights is becoming more widely acknowledged. Moreover, the 2030 Agenda's integrated approach to economic, environmental and social development within a human rights framework gives space to demonstrate how indigenous stewardship of lands, territories and resources can achieve accelerated action towards implementation of several Sustainable Development Goals.
Book Synopsis Indigenous Peoples, Natural Resources and Permanent Sovereignty by : Andrea Mensi
Download or read book Indigenous Peoples, Natural Resources and Permanent Sovereignty written by Andrea Mensi and published by BRILL. This book was released on 2022-12-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Book Synopsis The Rights of Indigenous Peoples in Marine Areas by : Stephen Allen
Download or read book The Rights of Indigenous Peoples in Marine Areas written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
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.
Book Synopsis Biocultural Rights, Indigenous Peoples and Local Communities by : Fabien Girard
Download or read book Biocultural Rights, Indigenous Peoples and Local Communities written by Fabien Girard and published by Routledge. This book was released on 2022-04-18 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) being increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn from field-based research around the world is presented in this part. Comprehensive chapters also explore the negotiation process and raise stimulating questions about the role of international brokers and organizations and the way they can use BCPs/CPs as disciplinary tools for national and regional planning or to serve powerful institutional interests. Finally, the third part of the book considers whether BCPs/CPs, notably through their emphasis on "stewardship of nature" and "tradition", can be seen as problematic arrangements that constrain indigenous peoples within the Western imagination, without any hope of them reconstructing their identities according to their own visions, or whether they can be seen as political tools and representational strategies used by indigenous peoples in their struggle for greater rights to their land, territories and resources, and for more political space. This volume will be of great interest to students and scholars of environmental law, indigenous peoples, biodiversity conservation and environmental anthropology. It will also be of great use to professionals and policymakers involved in environmental management and the protection of indigenous rights. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Book Synopsis State of the World's Indigenous Peoples by : United Nations
Download or read book State of the World's Indigenous Peoples written by United Nations and published by UN. This book was released on 2021-04-30 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication offers a wide-ranging perspective on indigenous peoples' rights to lands, territories and resources, examining legislation and agreements at the national and international level, identifying successful practices and continued obstacles, and suggesting ways forward. Adopted in 2007, the Declaration on the Rights of Indigenous Peoples positions the right to self-determination and collective rights to lands, territories and resources at its core. Previously two of the most politically charged issues under negotiation, the right to self-determination and the right to natural resources on indigenous lands and territories remain politicized more than 10 years later. Specifically addressed in Articles 25 through 32, indigenous peoples' relationship to their land, territory and resources is at the heart of their identity, well-being and culture, while preservation of the environment, transmitted through generations of traditional knowledge, is at the centre of their existence. The importance of indigenous knowledge and territorial rights is becoming more widely acknowledged. Moreover, the 2030 Agenda's integrated approach to economic, environmental and social development within a human rights framework gives space to demonstrate how indigenous stewardship of lands, territories and resources can achieve accelerated action towards implementation of several Sustainable Development Goals.
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.
Book Synopsis The United Nations Declaration on the Rights of Indigenous Peoples by : Damien Short
Download or read book The United Nations Declaration on the Rights of Indigenous Peoples written by Damien Short and published by Routledge. This book was released on 2020-12-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.
Book Synopsis Indigenous Peoples and the Modern State by : Duane Champagne
Download or read book Indigenous Peoples and the Modern State written by Duane Champagne and published by Rowman Altamira. This book was released on 2005 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Champagne and his coauthors reveal how the structure of a multinational state has the potential to create more equal and just national communities for Native peoples around the globe. In the U.S., Canada, Mexico, and Guatemala, they show how indigenous people preserve their territory, rights to self-government, and culture. A valuable resource for Native American, Canadian, and Latin American studies; comparative indigenous governments; and international relations.
Author :United Nations Department of Economic and Social Affairs Publisher :United Nations ISBN 13 :9210548434 Total Pages :250 pages Book Rating :4.2/5 (15 download)
Book Synopsis State of the World's Indigenous Peoples by : United Nations Department of Economic and Social Affairs
Download or read book State of the World's Indigenous Peoples written by United Nations Department of Economic and Social Affairs and published by United Nations. This book was released on 2011-05-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.
Book Synopsis An Indigenous Peoples' History of the United States (10th Anniversary Edition) by : Roxanne Dunbar-Ortiz
Download or read book An Indigenous Peoples' History of the United States (10th Anniversary Edition) written by Roxanne Dunbar-Ortiz and published by Beacon Press. This book was released on 2023-10-03 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller Now part of the HBO docuseries "Exterminate All the Brutes," written and directed by Raoul Peck Recipient of the American Book Award The first history of the United States told from the perspective of indigenous peoples Today in the United States, there are more than five hundred federally recognized Indigenous nations comprising nearly three million people, descendants of the fifteen million Native people who once inhabited this land. The centuries-long genocidal program of the US settler-colonial regimen has largely been omitted from history. Now, for the first time, acclaimed historian and activist Roxanne Dunbar-Ortiz offers a history of the United States told from the perspective of Indigenous peoples and reveals how Native Americans, for centuries, actively resisted expansion of the US empire. With growing support for movements such as the campaign to abolish Columbus Day and replace it with Indigenous Peoples’ Day and the Dakota Access Pipeline protest led by the Standing Rock Sioux Tribe, An Indigenous Peoples’ History of the United States is an essential resource providing historical threads that are crucial for understanding the present. In An Indigenous Peoples’ History of the United States, Dunbar-Ortiz adroitly challenges the founding myth of the United States and shows how policy against the Indigenous peoples was colonialist and designed to seize the territories of the original inhabitants, displacing or eliminating them. And as Dunbar-Ortiz reveals, this policy was praised in popular culture, through writers like James Fenimore Cooper and Walt Whitman, and in the highest offices of government and the military. Shockingly, as the genocidal policy reached its zenith under President Andrew Jackson, its ruthlessness was best articulated by US Army general Thomas S. Jesup, who, in 1836, wrote of the Seminoles: “The country can be rid of them only by exterminating them.” Spanning more than four hundred years, this classic bottom-up peoples’ history radically reframes US history and explodes the silences that have haunted our national narrative. An Indigenous Peoples' History of the United States is a 2015 PEN Oakland-Josephine Miles Award for Excellence in Literature.
Book Synopsis Human Rights of Indigenous Peoples by : Aman Gupta
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:
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 Natural Resources and Human Rights by : Jérémie Gilbert
Download or read book Natural Resources and Human Rights written by Jérémie Gilbert and published by Oxford University Press. This book was released on 2018-10-18 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural resources and their effective management are necessary for securing the realisation of human rights. The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace and security, but it is also intimately connected to the political, economic, social and cultural rights of individuals and communities relying on these resources. The management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms and weak policies coupled with a continued denial of the human rights of local communities. This book argues that human rights law can play an important role in ensuring a more effective and sustainable management of natural resources, putting forward the idea of a human rights-based normative framework for natural resource management. It offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.
Book Synopsis Indigenous People and the Roles of Culture, Law and Globalization by : Kennedy M. Maranga
Download or read book Indigenous People and the Roles of Culture, Law and Globalization written by Kennedy M. Maranga and published by Universal-Publishers. This book was released on 2013 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the history, culture, rights and the effects of globalization on indigenous people in the Americas, Asia-Pacific, and Africa from an evaluative and critical perspective. Unlike discipline-based textbooks, this volume seeks to contribute to the social discourse around indigenousness and to engage readers in a shared sense of humanity and empowerment for these groups of individuals. Among the issues addressed are: who indigenous people are, culture and colonization, self-determination, the impact of legal theory and judicial decisions, land rights, poverty, lack of healthcare, international human rights law, tourism, treaties, and globalization. The book concludes by addressing what it means to be an indigenous person in the 21st century, and calling upon policymakers to recognize the importance of preserving indigenous people's territories, languages, cultures and collective rights.
