Indigenous Peoples Title To Territory Rights And Resources

Author : Cathal M. Doyle
Publisher : Routledge
Page : 417 pages
File Size : 51,5 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781317703174

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Indigenous Peoples, Title to Territory, Rights and Resources by Cathal M. Doyle Pdf

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.

Author : Jérémie Gilbert
Publisher : BRILL
Page : 352 pages
File Size : 40,7 Mb
Release : 2007-03-23
Category : Law
ISBN : 9789047431305

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

This book analyses whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories.

Author : Stephen Allen,Nigel Bankes,Øyvind Ravna
Publisher : Bloomsbury Publishing
Page : 565 pages
File Size : 50,5 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509928651

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The Rights of Indigenous Peoples in Marine Areas by Stephen Allen,Nigel Bankes,Øyvind Ravna Pdf

The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Author : United Nations Department of Economic and Social Affairs
Publisher : United Nations
Page : 250 pages
File Size : 53,5 Mb
Release : 2011-05-09
Category : Political Science
ISBN : 9789210548434

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State of the World's Indigenous Peoples by United Nations Department of Economic and Social Affairs Pdf

While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.

Author : Fabien Girard,Ingrid Hall,Christine Frison
Publisher : Routledge
Page : 361 pages
File Size : 51,9 Mb
Release : 2022-04-18
Category : Law
ISBN : 9781000593655

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Biocultural Rights, Indigenous Peoples and Local Communities by Fabien Girard,Ingrid Hall,Christine Frison Pdf

This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) being increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn from field-based research around the world is presented in this part. Comprehensive chapters also explore the negotiation process and raise stimulating questions about the role of international brokers and organizations and the way they can use BCPs/CPs as disciplinary tools for national and regional planning or to serve powerful institutional interests. Finally, the third part of the book considers whether BCPs/CPs, notably through their emphasis on "stewardship of nature" and "tradition", can be seen as problematic arrangements that constrain indigenous peoples within the Western imagination, without any hope of them reconstructing their identities according to their own visions, or whether they can be seen as political tools and representational strategies used by indigenous peoples in their struggle for greater rights to their land, territories and resources, and for more political space. This volume will be of great interest to students and scholars of environmental law, indigenous peoples, biodiversity conservation and environmental anthropology. It will also be of great use to professionals and policymakers involved in environmental management and the protection of indigenous rights. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Author : United Nations Department of Economic and Social Affairs
Publisher : Unknown
Page : 192 pages
File Size : 54,9 Mb
Release : 2021
Category : Electronic
ISBN : 9210054881

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State of the World's Indigenous Peoples by United Nations Department of Economic and Social Affairs Pdf

This publication offers a wide-ranging perspective on indigenous peoples' rights to lands, territories and resources, examining legislation and agreements at the national and international level, identifying successful practices and continued obstacles, and suggesting ways forward. Adopted in 2007, the Declaration on the Rights of Indigenous Peoples positions the right to self-determination and collective rights to lands, territories and resources at its core. Previously two of the most politically charged issues under negotiation, the right to self-determination and the right to natural resources on indigenous lands and territories remain politicized more than 10 years later. Specifically addressed in Articles 25 through 32, indigenous peoples' relationship to their land, territory and resources is at the heart of their identity, well-being and culture, while preservation of the environment, transmitted through generations of traditional knowledge, is at the center of their existence. As the world increasingly recognizes the negative impacts of climate change and environmental degradation to health, food security and overall peace and security, the importance of indigenous knowledge and territorial rights is becoming more widely acknowledged. Moreover, the 2030 Agenda's integrated approach to economic, environmental and social development within a human rights framework gives space to demonstrate how indigenous stewardship of lands, territories and resources can achieve accelerated action towards implementation of several Sustainable Development Goals.

Author : Andrea Mensi
Publisher : BRILL
Page : 347 pages
File Size : 40,9 Mb
Release : 2022-12-19
Category : Law
ISBN : 9789004523999

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Indigenous Peoples, Natural Resources and Permanent Sovereignty by Andrea Mensi Pdf

This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.

Author : Damien Short,Corinne Lennox,Julian Burger,Jessie Hohmann
Publisher : Routledge
Page : 344 pages
File Size : 42,7 Mb
Release : 2020-12-17
Category : Political Science
ISBN : 9781000258905

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The United Nations Declaration on the Rights of Indigenous Peoples by Damien Short,Corinne Lennox,Julian Burger,Jessie Hohmann Pdf

The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.

Author : Newman, Dwight
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 42,6 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.

Author : Mattias Åhrén
Publisher : Oxford University Press
Page : 288 pages
File Size : 49,8 Mb
Release : 2016-03-10
Category : Law
ISBN : 9780191083976

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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.

Author : Alan C. Tidwell,Barry Scott Zellen
Publisher : Routledge
Page : 266 pages
File Size : 48,6 Mb
Release : 2015-10-05
Category : Law
ISBN : 9781317537533

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Land, Indigenous Peoples and Conflict by Alan C. Tidwell,Barry Scott Zellen Pdf

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.

Author : Aman Gupta
Publisher : Unknown
Page : 340 pages
File Size : 40,8 Mb
Release : 2005
Category : Human rights
ISBN : 818205205X

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Human Rights of Indigenous Peoples by Aman Gupta Pdf

Author : Amanda Cats-Baril
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 228 pages
File Size : 54,5 Mb
Release : 2020-08-09
Category : Law
ISBN : 9789176713242

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Indigenous Peoples’ Rights in Constitutions Assessment Tool by Amanda Cats-Baril Pdf

The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.

Author : Louis A. Knafla,Haijo Westra
Publisher : UBC Press
Page : 280 pages
File Size : 45,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780774859295

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Aboriginal Title and Indigenous Peoples by Louis A. Knafla,Haijo Westra Pdf

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Author : D.B. Tindall,Ronald Trosper,Pamela Perreault
Publisher : UBC Press
Page : 366 pages
File Size : 50,9 Mb
Release : 2013-02-11
Category : Social Science
ISBN : 9780774823364

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Aboriginal Peoples and Forest Lands in Canada by D.B. Tindall,Ronald Trosper,Pamela Perreault Pdf

Aboriginal people in Canada have long struggled to regain control over their traditional forest lands. Aboriginal Peoples and Forest Lands in Canada brings together the diverse perspectives of Aboriginals and non-Aboriginals to address the political, cultural, environmental, and economic implications of forest use. This book discusses the need for professionals working in forestry and conservation to understand the context of Aboriginal participation in resource management. It also addresses the importance of researching traditional knowledge and traditional land use and examines the development of co-management initiatives and joint ventures between government, forestry companies, and Aboriginal communities.