Indigenous Peoples As Subjects Of International Law

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Indigenous Peoples as Subjects of International Law

Irene Watson
Indigenous Peoples as Subjects of International Law Book PDF

Author : Irene Watson
Publisher : Taylor & Francis
Page : 226 pages
File Size : 49,9 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317240662

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Indigenous Peoples as Subjects of International Law by Irene Watson Pdf

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.

Indigenous Peoples, Consent and Rights

Stephen Young
Indigenous Peoples Consent and Rights Book PDF

Author : Stephen Young
Publisher : Routledge
Page : 220 pages
File Size : 47,5 Mb
Release : 2019-11-19
Category : Law
ISBN : 9781000752656

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Indigenous Peoples, Consent and Rights by Stephen Young Pdf

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.

Indigenous Peoples in International Law

S. James Anaya
Indigenous Peoples in International Law Book PDF

Author : S. James Anaya
Publisher : Oxford University Press, USA
Page : 414 pages
File Size : 50,7 Mb
Release : 2004
Category : Law
ISBN : 0195173503

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Indigenous Peoples in International Law by S. James Anaya Pdf

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.

Indigenous Peoples' Land Rights under International Law

Jérémie Gilbert
Indigenous Peoples Land Rights under International Law Book PDF

Author : Jérémie Gilbert
Publisher : BRILL
Page : 349 pages
File Size : 51,7 Mb
Release : 2016-07-08
Category : Law
ISBN : 9789004323254

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Indigenous Peoples' Land Rights under International Law by Jérémie Gilbert Pdf

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.

Aboriginal Peoples, Colonialism and International Law

Irene Watson
Aboriginal Peoples Colonialism and International Law Book PDF

Author : Irene Watson
Publisher : Routledge
Page : 204 pages
File Size : 43,9 Mb
Release : 2014-10-17
Category : History
ISBN : 9781317938378

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Aboriginal Peoples, Colonialism and International Law by Irene Watson Pdf

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.

Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription

Brigitta Hauser-Schäublin
Adat and Indigeneity in Indonesia Culture and Entitlements Between Heteronomy and Self Ascription Book PDF

Author : Brigitta Hauser-Schäublin
Publisher : Unknown
Page : 128 pages
File Size : 50,8 Mb
Release : 2013
Category : Electronic
ISBN : OCLC:1286387293

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Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription by Brigitta Hauser-Schäublin Pdf

A number of UN conventions and declarations (on the Rights of Indigenous Peoples, the Protection and Promotion of the Diversity of Cultural Expressions and the World Heritage Conventions) can be understood as instruments of international governance to promote democracy and social justice worldwide. In Indonesia (as in many other countries), these international agreements have encouraged the self-assertion of communities that had been oppressed and deprived of their land, especially during the New Order regime (1966-1998). More than 2,000 communities in Indonesia who define themselves as masyarakat adat or “indigenous peoples” had already joined the Indigenous Peoples' Alliance of the Archipelago” (AMAN) by 2013. In their efforts to gain recognition and selfdetermination, these communities are supported by international donors and international as well as national NGOs by means of development programmes. In the definition of masyarakat adat, “culture” or adat plays an important role in the communities' self-definition. Based on particular characteristics of their adat, the asset of their culture, they try to distinguish themselves from others in order to substantiate their claims for the restitution of their traditional rights and property (namely land and other natural resources) from the state. The authors of this volume investigate how differently structured communities - socially, politically and religiously - and associations reposition themselves vis-à-vis others, especially the state, not only by drawing on adat for achieving particular goals, but also dignity and a better future.

The Rights of Indigenous Peoples in International Law

University of Saskatchewan. Native Law Centre
The Rights of Indigenous Peoples in International Law Book PDF

Author : University of Saskatchewan. Native Law Centre
Publisher : [Saskatoon] : University of Saskatchewan, Native Law Centre
Page : 88 pages
File Size : 53,7 Mb
Release : 1987
Category : Law
ISBN : UOM:39015021958775

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The Rights of Indigenous Peoples in International Law by University of Saskatchewan. Native Law Centre Pdf

Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.

Indigenous Peoples and the Law

Benjamin J Richardson,Shin Imai,Kent McNeil
Indigenous Peoples and the Law Book PDF

Author : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 50,5 Mb
Release : 2009-03-18
Category : Law
ISBN : 9781509942206

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Indigenous Peoples and the Law by Benjamin J Richardson,Shin Imai,Kent McNeil Pdf

Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

Towards International Personality

Anna Meijknecht
Towards International Personality Book PDF

Author : Anna Meijknecht
Publisher : Intersentia nv
Page : 287 pages
File Size : 52,5 Mb
Release : 2001
Category : Law
ISBN : 9789050951661

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Towards International Personality by Anna Meijknecht Pdf

2.3. Dualism and Monism

Traditional, National, and International Law and Indigenous Communities

Marianne O. Nielsen,Karen Jarratt-Snider
Traditional National and International Law and Indigenous Communities Book PDF

Author : Marianne O. Nielsen,Karen Jarratt-Snider
Publisher : University of Arizona Press
Page : 225 pages
File Size : 47,9 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780816540419

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Traditional, National, and International Law and Indigenous Communities by Marianne O. Nielsen,Karen Jarratt-Snider Pdf

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Transforming Law and Institution

Rhiannon Morgan
Transforming Law and Institution Book PDF

Author : Rhiannon Morgan
Publisher : Routledge
Page : 230 pages
File Size : 42,5 Mb
Release : 2016-02-24
Category : Political Science
ISBN : 9781317007562

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Transforming Law and Institution by Rhiannon Morgan Pdf

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.

Research Handbook on the International Law of Indigenous Rights

Newman, Dwight
Research Handbook on the International Law of Indigenous Rights Book PDF

Author : Newman, Dwight
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 42,5 Mb
Release : 2022-04-19
Category : Law
ISBN : 9781788115797

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Research Handbook on the International Law of Indigenous Rights by Newman, Dwight Pdf

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.

Indigenous Peoples' Status in the International Legal System

Mattias Åhrén
Indigenous Peoples Status in the International Legal System Book PDF

Author : Mattias Åhrén
Publisher : Oxford University Press
Page : 288 pages
File Size : 47,5 Mb
Release : 2016-03-11
Category : Law
ISBN : 9780191083969

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Indigenous Peoples' Status in the International Legal System by Mattias Åhrén Pdf

While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination, and, if so, what should be 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 book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

The Foundations of Modern International Law on Indigenous and Tribal Peoples

Lee Swepston
The Foundations of Modern International Law on Indigenous and Tribal Peoples Book PDF

Author : Lee Swepston
Publisher : BRILL
Page : 354 pages
File Size : 52,7 Mb
Release : 2018-09-17
Category : Law
ISBN : 9789004289086

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The Foundations of Modern International Law on Indigenous and Tribal Peoples by Lee Swepston Pdf

The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted.

Expanding Human Rights

Alison Brysk,Michael Stohl
Expanding Human Rights Book PDF

Author : Alison Brysk,Michael Stohl
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 48,6 Mb
Release : 2017-01-27
Category : Electronic
ISBN : 9781785368844

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Expanding Human Rights by Alison Brysk,Michael Stohl Pdf

The 21st century demands expanding rights, as the established human rights regime is necessary but not sufficient. This project will analyze the global dynamics of the mobilization of new actors, claims, institutions and modes of accountability. Our multi-disciplinary, multi-method analysis draws from a full range of global experience, with balanced attention to civil-political and social-economic rights; from LBGT movements in the new Europe to campaigns for the right to food in India.