Indigenous Property Rights

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Creating Indigenous Property

Author : Angela Cameron
Publisher : University of Toronto Press
ISBN 13 : 148753213X
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Creating Indigenous Property by : Angela Cameron

Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.

Indigenous Land Rights in the Inter-American System

Author : Mariana Monteiro de Matos
Publisher : BRILL
ISBN 13 : 9004411275
Total Pages : 358 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Indigenous Land Rights in the Inter-American System by : Mariana Monteiro de Matos

Download or read book Indigenous Land Rights in the Inter-American System written by Mariana Monteiro de Matos and published by BRILL. This book was released on 2020-10-12 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.

Indigenous Peoples' Land Rights under International Law

Author : Jérémie Gilbert
Publisher : BRILL
ISBN 13 : 9047431308
Total Pages : 352 pages
Book Rating : 4.0/5 (474 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 2007-03-23 with total page 352 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. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.

Intellectual Property Rights for Indigenous Peoples

Author : Thomas C. Greaves
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Intellectual Property Rights for Indigenous Peoples by : Thomas C. Greaves

Download or read book Intellectual Property Rights for Indigenous Peoples written by Thomas C. Greaves and published by . This book was released on 1994 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indigenous Intellectual Property Rights

Author : Mary Riley
Publisher : Rowman Altamira
ISBN 13 : 9780759104860
Total Pages : 420 pages
Book Rating : 4.1/5 (48 download)

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Book Synopsis Indigenous Intellectual Property Rights by : Mary Riley

Download or read book Indigenous Intellectual Property Rights written by Mary Riley and published by Rowman Altamira. This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Riley and her group of expert contributors supply a unique set of worldwide case studies and policy analyses as guidance for indigenous communities and their partners, in attempting to protect their intellectual property. Much of the existing literature already addresses the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests.

Property Rights, Indigenous People and the Developing World

Author : David Lea
Publisher : BRILL
ISBN 13 : 9004166947
Total Pages : 307 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Property Rights, Indigenous People and the Developing World by : David Lea

Download or read book Property Rights, Indigenous People and the Developing World written by David Lea and published by BRILL. This book was released on 2008 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.

Indigenous Cultural Heritage and Intellectual Property Rights

Author : Jessica Christine Lai
Publisher : Springer Science & Business Media
ISBN 13 : 331902955X
Total Pages : 342 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Indigenous Cultural Heritage and Intellectual Property Rights by : Jessica Christine Lai

Download or read book Indigenous Cultural Heritage and Intellectual Property Rights written by Jessica Christine Lai and published by Springer Science & Business Media. This book was released on 2014-01-08 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Beyond the Indian Act

Author : Tom Flanagan
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773581847
Total Pages : 317 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Beyond the Indian Act by : Tom Flanagan

Download or read book Beyond the Indian Act written by Tom Flanagan and published by McGill-Queen's Press - MQUP. This book was released on 2010-02-08 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.

Beyond Intellectual Property

Author : Darrell Addison Posey
Publisher : IDRC
ISBN 13 : 088936799X
Total Pages : 324 pages
Book Rating : 4.8/5 (893 download)

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Book Synopsis Beyond Intellectual Property by : Darrell Addison Posey

Download or read book Beyond Intellectual Property written by Darrell Addison Posey and published by IDRC. This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural property, aboriginal people, ethnobiology, legal status, laws.

International Law and Indigenous Knowledge

Author : Chidi Oguamanam
Publisher : University of Toronto Press
ISBN 13 : 0802039022
Total Pages : 377 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis International Law and Indigenous Knowledge by : Chidi Oguamanam

Download or read book International Law and Indigenous Knowledge written by Chidi Oguamanam and published by University of Toronto Press. This book was released on 2006-01-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the suitability of mainstream forms of intellectual propety rights to indigenous knowledge and efforts to reconcile the Western concept of intellectual property with indigenous knowledge.

Beyond Communal and Individual Ownership

Author : Leon Terrill
Publisher : Routledge
ISBN 13 : 1317525078
Total Pages : 317 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Beyond Communal and Individual Ownership by : Leon Terrill

Download or read book Beyond Communal and Individual Ownership written by Leon Terrill and published by Routledge. This book was released on 2015-10-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.

Aboriginal Title

Author : P. G. McHugh
Publisher : OUP Oxford
ISBN 13 : 0191018546
Total Pages : 1529 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Aboriginal Title by : P. G. McHugh

Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

Intellectual Property, Indigenous People and their Knowledge

Author : Peter Drahos
Publisher : Cambridge University Press
ISBN 13 : 1107055334
Total Pages : 263 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Intellectual Property, Indigenous People and their Knowledge by : Peter Drahos

Download or read book Intellectual Property, Indigenous People and their Knowledge written by Peter Drahos and published by Cambridge University Press. This book was released on 2014-06-12 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on ancestral cosmology of Australia's indigenous people, this book develops a theory of indigenous peoples' innovation and intellectual property.

Planning for Coexistence?

Author : Libby Porter
Publisher : Routledge
ISBN 13 : 1317080165
Total Pages : 240 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Planning for Coexistence? by : Libby Porter

Download or read book Planning for Coexistence? written by Libby Porter and published by Routledge. This book was released on 2016-06-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.

Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh

Author : Rajkumari Chandra Kalindi Roy
Publisher : IWGIA
ISBN 13 : 9788790730291
Total Pages : 236 pages
Book Rating : 4.7/5 (32 download)

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Book Synopsis Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh by : Rajkumari Chandra Kalindi Roy

Download or read book Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh written by Rajkumari Chandra Kalindi Roy and published by IWGIA. This book was released on 2000 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.

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.

Land, Indigenous Peoples and Conflict

Author : Alan C. Tidwell
Publisher : Routledge
ISBN 13 : 131753753X
Total Pages : 266 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Land, Indigenous Peoples and Conflict by : Alan C. Tidwell

Download or read book Land, Indigenous Peoples and Conflict written by Alan C. Tidwell and published by Routledge. This book was released on 2015-10-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.