Indigenous Peoples' Land Rights under International Law

Indigenous Peoples' Land Rights under International Law PDF

Author: Jérémie Gilbert

Publisher: BRILL

Published: 2016-07-08

Total Pages: 349

ISBN-13: 9004323252

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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.

Changing Actors in International Law

Changing Actors in International Law PDF

Author: Karen Nadine Scott

Publisher: Developments in International

Published: 2020-11-05

Total Pages: 415

ISBN-13: 9789004424142

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"The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--

Indigenous Rights to the City

Indigenous Rights to the City PDF

Author: Philipp Horn

Publisher: Routledge

Published: 2019-01-30

Total Pages: 168

ISBN-13: 1351330705

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This book breaks new ground in understanding urban indigeneity in policy and planning practice. It is the first comprehensive and comparative study that foregrounds the complex interplay of multiple organisations involved in translating indigenous rights to the city in Latin America, focussing on the cities of La Paz and Quito. The book establishes how planning for urban indigeneity looks in practice, even in seemingly progressive settings, such as Bolivia and Ecuador, where indigenous rights to the city are recognised within constitutions. It demonstrates that the translation of indigenous rights to the city is a process involving different actor groups operating within state institutions and indigenous communities, which often hold conflicting interests and needs. The book also establishes a set of theoretical, methodological, and practical foundations for envisaging how urban indigenous planning in Latin America and elsewhere should be understood, studied, and undertaken: As a process which embraces conflict and challenges power relations within indigenous communities and between these communities and the state. This book will appeal to practitioners, researchers, and students working within the fields of urban planning, urban development, and indigenous rights.

Transforming Law and Institution

Transforming Law and Institution PDF

Author: Rhiannon Morgan

Publisher: Routledge

Published: 2016-02-24

Total Pages: 214

ISBN-13: 1317007573

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In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement.

Pioneer on Indigenous Rights

Pioneer on Indigenous Rights PDF

Author: Rodolfo Stavenhagen

Publisher: Springer Science & Business Media

Published: 2012-12-14

Total Pages: 173

ISBN-13: 3642341500

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On the occasion of the 80th birthday of Rodolfo Stavenhagen, a distinguished Mexican sociologist and professor emeritus of El Colegio de Mexico, Úrsula Oswald Spring (UNAM/CRIM, Mexico) introduces him as a Pioneer on Indigenous Rights due to his research on human rights issues, especially when he served as United Nations Special Rapporteur on the rights of indigenous peoples. First, in a retrospective Stavenhagen reviews his scientific and political work for the rights of indigenous peoples. Seven of his classic texts address Seven Fallacies about Latin America (1965); Decolonializing Applied Social Sciences (1971); Ethnodevelopment: A Neglected Dimension in Development Thinking (1986); Human Rights and Wrongs: A Place for Anthropologists? (1998); Indigenous Peoples and the State in Latin America: An Ongoing Debate (2000); Building Intercultural Citizenship through Education: A Human Rights Approach (2006); and Making the Declaration Work (2006). This volume discusses the emergence of indigenous peoples as new social and political actors at the national level in numerous countries, as well as on the international scene. This book introduces a trilogy of Briefs on Rodolfo Stavenhagen published in the same series Pioneers in Science and Practice.

The Neoliberal State, Recognition and Indigenous Rights

The Neoliberal State, Recognition and Indigenous Rights PDF

Author: Deirdre Howard-Wagner

Publisher: ANU Press

Published: 2018-07-25

Total Pages: 353

ISBN-13: 1760462217

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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.

Changing Actors in International Law

Changing Actors in International Law PDF

Author: Karen N. Scott

Publisher: BRILL

Published: 2020-11-04

Total Pages: 443

ISBN-13: 9004424156

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Changing Actors in International Law explores actors other than the ‘state’ in international law focusing on under-researched actors (quasi-states, trans-government networks, Indigenous Peoples, self-determination claimant groups) as well the less well studied aspects of otherwise well-researched actors (individuals, corporations, NGOs, armed organised groups).

Indigenous Peoples, Title to Territory, Rights and Resources

Indigenous Peoples, Title to Territory, Rights and Resources PDF

Author: Cathal M. Doyle

Publisher: Routledge

Published: 2014-11-20

Total Pages: 417

ISBN-13: 1317703170

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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.

Research Handbook on the International Law of Indigenous Rights

Research Handbook on the International Law of Indigenous Rights PDF

Author: Newman, Dwight

Publisher: Edward Elgar Publishing

Published: 2022-04-19

Total Pages: 528

ISBN-13: 1788115791

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This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.