Law

Indigenous Peoples in International Law

Author: S. James Anaya

Publisher: Oxford University Press, USA

ISBN: 9780195173505

Category: Law

Page: 396

View: 401

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.
Law

Indigenous Peoples in International Law

Author: S. James Anaya

Publisher: Oxford University Press, USA

ISBN: 019517349X

Category: Law

Page: 396

View: 5197

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.
Law

Indigenous Peoples in International Law

Author: S. James Anaya

Publisher: Oxford University Press, USA

ISBN: 0195140451

Category: Law

Page: 267

View: 9622

This book provides a theoretically grounded and practically oriented synthesis of the international law of indigenous peoples. Against a historical background, James Anaya discusses a new generation of international treaty and customary norms, within international law's human rights program, concerning groups that are descended from the original inhabitants of lands now dominated by others. Anaya further identifies and analyzes institutions and procedures, both at the domestic and international levels, for implementing international norms concerning indigenous peoples.

Indigenous Peoples' Status in the International Legal System

Author: Mattias Ahren

Publisher: Oxford University Press

ISBN: 0198778198

Category:

Page: 288

View: 8329

While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and'equality' under international law?Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right toself-determination and sets out 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 bookoutlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.
Law

Indigenous Peoples as Subjects of International Law

Author: Irene Watson

Publisher: Taylor & Francis

ISBN: 1317240669

Category: Law

Page: 226

View: 1158

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.
Law

International Law and Indigenous Peoples

Author: S. James Anaya

Publisher: Dartmouth Publishing Company

ISBN: 9780754621621

Category: Law

Page: 483

View: 4294

One of the most dynamic areas of international law today concerns the rights and status of indigenous peoples. Within the contemporary discourse of international law, the term indigenous is now commonly used in association with a particular class of culturally distinctive groups together with the problems they face; problems that are legacies of historical patterns of invasion and colonization. The essays in this volume have been assembled to promote understanding about the relation of international law to the claims and aspirations that indigenous peoples have posited in the international arena today.
Political Science

Indigenous Peoples' Land Rights under International Law

From Victims to Actors. Second Revised Edition

Author: Jérémie Gilbert

Publisher: BRILL

ISBN: 9004323252

Category: Political Science

Page: 350

View: 394

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.
Law

Indigenous Peoples and Human Rights

International and Regional Jurisprudence

Author: Ben Saul

Publisher: Bloomsbury Publishing

ISBN: 1782252282

Category: Law

Page: 248

View: 7697

Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms.
History

Aboriginal Peoples, Colonialism and International Law

Raw Law

Author: Irene Watson

Publisher: Routledge

ISBN: 1317938372

Category: History

Page: 188

View: 9839

This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
Law

International Human Rights and Indigenous Peoples

Author: S. James Anaya

Publisher: Aspen Law & Business

ISBN: 9780735562486

Category: Law

Page: 374

View: 9517

This exciting book is the only one of its kind. International Human Rights and Indigenous Peoples (Aspen Elective Series) will be the first published compilation of materials and commentary intended for use in courses focusing on the subject of indigenous peoples within the international human rights system. S. James Anaya, co-author of the well-known casebook, International Human Rights: Problems of Law, Policy and Practice, uses carefully edited material from varied sources to illustrate the major issues facing indigenous peoples today. This unique addition to the Elective Series features: complete or edited versions of all the major contemporary international documents concerning indigenous peoples--declarations, treaties, decisions, and interpretive statements by international human rights and other institutions on the topic--placed in the context of relevant historical antecedents. materials highlighting the major issues concerning indigenous peoples, including issues of self-determination, culture, lands and resources, collective rights, state responsibility for historical wrongs, and the meaning of the "indigenous" rubric. The issues are then linked to actual cases concerning or situations faced by indigenous groups. edited materials from a range of authors along with insightful commentary providing in-depth discussion of the issues and developments discussion of the international and domestic mechanisms by which human rights norms concerning indigenous peoples are implemented. This provides students with an understanding of the practical implications of the norms and their potential strategic value. background material on the authority and workings of the various international institutions that are addressing indigenous issues, enabling students to understand the legal or political significance of the relevant developments and place those developments within the broader context of the international human rights system An invaluable resource for any course dealing with international human rights, International Human Rights and Indigenous Peoples (Aspen Elective Series) has just the right mix of institutional and case material, historical background and recent developments, and perceptive commentary.
Law

Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters

Author: Brendan Tobin

Publisher: Routledge

ISBN: 1317697545

Category: Law

Page: 304

View: 3755

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.
Political Science

The Requirement of Consultation with Indigenous Peoples in the ILO

Between Normative Flexibility and Institutional Rigidity

Author: Maria Victoria Cabrera Ormaza

Publisher: BRILL

ISBN: 9004356010

Category: Political Science

Page: 262

View: 4878

In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach.
History

European Conquest and the Rights of Indigenous Peoples

The Moral Backwardness of International Society

Author: Paul Keal

Publisher: Cambridge University Press

ISBN: 9780521531795

Category: History

Page: 258

View: 9377

An examination of the rights and representation of indigenous peoples in the expansion of international society.
Political Science

Transforming Law and Institution

Indigenous Peoples, the United Nations and Human Rights

Author: Rhiannon Morgan

Publisher: Routledge

ISBN: 1317007573

Category: Political Science

Page: 214

View: 6903

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.
Political Science

Indigenous Peoples and Human Rights

Author: Patrick Thornberry

Publisher: Manchester University Press

ISBN: 9781929446223

Category: Political Science

Page: 484

View: 9218

SoftcoverThis book is the first full-length study of the rights of indigenous peoples, and looks at the historical, cultural, and legal background to the position of indigenous peoples in a range of different cultures, including America, Africa and Australia.The book defines who and what indigenous peoples actually are, and looks at their position in the light of the development of international law. It then looks at their legal position, and their economic, social and cultural rights in respect of various laws and conventions passed on a national and international scale throughout the world.Among the global and regional legal instruments considered in the book are The International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, the Racial Discrimination Convention, The African Charter on Human and Peoples Rights, the UN Draft Declaration in Indigenous Peoples and The Proposed American Declaration on the Rights of Indigenous Peoples.The development of human rights legislation and principles as a central tenet of international law has been of considerable benefit to indigenous peoples, although the language of human rights does not always suit indigenous societies, and sets apparent limits to the kind of social practices embraced. This is still a vitally important issue and the emotional subject of reciprocity still needs to be handled sensitively.
Law

Reflections on the UN Declaration on the Rights of Indigenous Peoples

Author: Stephen Allen,Alexandra Xanthaki

Publisher: Bloomsbury Publishing

ISBN: 1847316239

Category: Law

Page: 620

View: 3672

The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.
Law

Reparations for Indigenous Peoples

International and Comparative Perspectives

Author: Federico Lenzerini

Publisher: Oxford University Press

ISBN: 0199235600

Category: Law

Page: 650

View: 1578

In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.
Law

Indigenous Peoples and the State

International Perspectives on the Treaty of Waitangi

Author: Mark Hickford,Carwyn Jones

Publisher: Taylor & Francis

ISBN: 1351240358

Category: Law

Page: 206

View: 7309

Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.
Law

Having a Say

Indigenous Peoples, International Law and Free, Prior and Informed Consent

Author: S. J. Rombouts,Sebastiaan Johannes Rombouts

Publisher: Wolf Legal Publications

ISBN: 9789462401341

Category: Law

Page: 442

View: 8898

In 2007, the adoption of the UN Declaration on the Rights of Indigenous Peoples reinvigorated discussions about the participation by indigenous peoples in the decision-making processes that affect them. In particular, the debate revolved around interpretations of the concept of "free, prior, and informed consent" (FPIC), which is becoming one of the central mechanisms in international law and policy for resolving conflicts about lands and natural resources. In this study, the legal status of FPIC and conditions for its successful implementation are examined. The principle is contextualized by examining the underlying concept of self-determination and derivative rights to lands and resources. FPIC is explored within the framework of the right to effective participation, while the existing international platforms and institutions, in which FPIC norms are present, are surveyed. Additionally, a detailed analysis of recent regional case law clarifies the legal application of FPIC in the context of land and resource rights. Finally, a number of recent guidelines for the implementation of FPIC processes in the framework of specific voluntary sustainability initiatives are compared and analyzed. The book provides both a theoretical and a practical starting point for scholars, lawyers, policy makers, or others interested in FPIC processes and indigenous peoples. [Subject: Public International Law, Human Rights Law, Property Law]