Traditional Customary Laws and Indigenous Peoples in Asia
Author: Devasish Roy (Raja.)
Publisher: Sterling/Main Street
Published: 2005
Total Pages: 42
ISBN-13:
DOWNLOAD EBOOK →Lanterna Rally
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Indigenous Knowledge and Customary Law in Natural Resource Management
Author: He Hong Mu Xiuping
Publisher:
Published: 2010
Total Pages: 57
ISBN-13: 9786169061151
DOWNLOAD EBOOK →Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region
Author: Christoph Antons
Publisher: Kluwer Law International B.V.
Published: 2009-01-01
Total Pages: 421
ISBN-13: 9041127216
DOWNLOAD EBOOK →Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.
Asian Indigenous Law
Author: Masaji Chiba
Publisher: Routledge
Published: 2013-10-28
Total Pages: 431
ISBN-13: 1136142029
DOWNLOAD EBOOK →First published in 1986. Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.
Divers Paths to Justice
Author: Marcus Colchester
Publisher: Forest Peoples Programme
Published: 2011
Total Pages: 361
ISBN-13: 6169061170
DOWNLOAD EBOOK →Indigenous Peoples and the Law
Author: Sedfrey M. Candelaria
Publisher:
Published: 2008
Total Pages: 0
ISBN-13: 9789719414704
DOWNLOAD EBOOK →Recalls the ILO Conventions no.107 and No. 169 on indigenous rights and the protection of the traditional values, institutions and of customary laws of Indigenous Peoples.
Land and Cultural Survival
Author: Jayantha Perera
Publisher: Asian Development Bank
Published: 2009-09-01
Total Pages: 342
ISBN-13: 9292547135
DOWNLOAD EBOOK →Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.
Custom and the Law
Author: Paul de Deckker
Publisher:
Published: 2001
Total Pages: 204
ISBN-13:
DOWNLOAD EBOOK →Discussion of the critical aspects of the often tense relationship between indigenous custom and tradition and externally-imposed Western societal structures. Examines the revival and rejuvenation of customary legal systems and the conflict between the real imperatives of customary and traditional practice and the more formal strictures of Western legal systems. Concentrates on the situation in the French overseas territories. Includes appendices and notes on contributors.
Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property
Author: Paul Kuruk
Publisher: Edward Elgar Publishing
Published: 2020-03-28
Total Pages: 582
ISBN-13: 1785368486
DOWNLOAD EBOOK →The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.
Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters
Author: Brendan Tobin
Publisher: Routledge
Published: 2014-08-27
Total Pages: 361
ISBN-13: 1317697537
DOWNLOAD EBOOK →This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
