Property Rights Indigenous People And The Developing World

Author : David Lea
Publisher : BRILL
Page : 306 pages
File Size : 53,9 Mb
Release : 2008-06-25
Category : Law
ISBN : 9789047433453

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Property Rights, Indigenous People and the Developing World by David Lea Pdf

This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.

Author : David Lea
Publisher : BRILL
Page : 307 pages
File Size : 50,5 Mb
Release : 2008
Category : Law
ISBN : 9789004166943

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Property Rights, Indigenous People and the Developing World by David Lea Pdf

This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.

Author : Darrell Addison Posey,Graham Dutfield
Publisher : IDRC
Page : 324 pages
File Size : 41,5 Mb
Release : 1996
Category : Cultural property
ISBN : 9780889367999

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Beyond Intellectual Property by Darrell Addison Posey,Graham Dutfield Pdf

Cultural property, aboriginal people, ethnobiology, legal status, laws.

Author : Robert A. Simons,Rachel M. Malmgren,Garrick Small
Publisher : Springer Science & Business Media
Page : 303 pages
File Size : 47,8 Mb
Release : 2009-01-07
Category : Business & Economics
ISBN : 9780387779386

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Indigenous Peoples and Real Estate Valuation by Robert A. Simons,Rachel M. Malmgren,Garrick Small Pdf

Sponsored by the American Real Estate Society (ARES), Indigenous Peoples and Real Estate Valuation addresses a wide variety of timely issues relating to property ownership, rights, and use, including: ancestral burial, historical record of occupancy, treaty implementation problems, eminent domain, the effects of large governmental change, financing projects under formal and informal title or deed document systems, exclusive ownership vs. non-exclusive use rights, public land ownership, tribal or family land claims, insurgency and war, legal systems of ownership, prior government expropriation of lands, moral obligation to indigenous peoples, colonial occupation, and common land leases. These issues can also be broadly grouped into topics, such as conflict between indigenous and western property rights, communal land ownership, land transfer by force, legacy issues related to past colonization and apartheid, and metaphysical/indigenous land value.

Author : Jérémie Gilbert
Publisher : BRILL
Page : 349 pages
File Size : 44,9 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.

Author : Tony Simpson
Publisher : IWGIA
Page : 236 pages
File Size : 47,8 Mb
Release : 1997
Category : Law
ISBN : 8798411039

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Indigenous Heritage and Self-determination by Tony Simpson Pdf

The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.

Author : Thomas C. Greaves
Publisher : Unknown
Page : 300 pages
File Size : 55,9 Mb
Release : 1994
Category : Law
ISBN : STANFORD:36105016042447

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Intellectual Property Rights for Indigenous Peoples by Thomas C. Greaves Pdf

Author : J. M. Finger,Philip Schuler
Publisher : World Bank Publications
Page : 263 pages
File Size : 44,7 Mb
Release : 2004
Category : Language Arts & Disciplines
ISBN : 9780821354872

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Poor People's Knowledge by J. M. Finger,Philip Schuler Pdf

This publication considers how poor people in developing countries can maximise their earning capacity and find viable markets based on their innovation and traditional skills, as well as their creative, cultural and intellectual knowledge. It contains a number of papers which examine case studies relating to the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organisations; biopiracy and the commercialisation of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. Whilst seeking to maintain the art and culture of poor people, the contributions also recognise traditional skills must develop viable markets in order to survive, and the case studies illustrate that culture and commerce can often complement, rather than conflict with, each other.

Author : Organisation for Economic Co-operation and Development
Publisher : Unknown
Page : 160 pages
File Size : 43,6 Mb
Release : 2019
Category : Electronic
ISBN : 9264310568

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Linking the Indigenous Sami People with Regional Development in Sweden by Organisation for Economic Co-operation and Development Pdf

The Sami have lived for time immemorial in an area that today extends across the Kola Peninsula in Russia, northern Finland, northern Norway's coast and inland, and the northern half of Sweden. The Sami play an important role in these northern economies thanks to their use of land, their involvement in reindeer husbandry, agriculture/farming and food production, and connection with the region's tourism industry. However, in Sweden, as in the other states where the Sami live, the connections with regional development are often inconsistent and weak, and could do more to support the preservation and promotion of Sami culture and create new employment and business opportunities. This study, together with the OECD's broader thematic work on this topic, provides actionable recommendations on how to better include the Sami and other Indigenous Peoples in regional development strategies, learning from and incorporating their own perspectives on sustainable development in the process.

Author : Stephen B. Brush,Doreen Stabinsky
Publisher : Unknown
Page : 360 pages
File Size : 43,7 Mb
Release : 1996
Category : Biodiversity
ISBN : MINN:31951D01642938I

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Valuing Local Knowledge by Stephen B. Brush,Doreen Stabinsky Pdf

Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.

Author : Silke von Lewinski
Publisher : Kluwer Law International B.V.
Page : 568 pages
File Size : 50,6 Mb
Release : 2008-03-28
Category : Law
ISBN : 9789041130563

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Indigenous Heritage and Intellectual Property by Silke von Lewinski Pdf

For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.

Author : Aman Gupta
Publisher : Unknown
Page : 320 pages
File Size : 49,6 Mb
Release : 2005
Category : Human rights
ISBN : 818205205X

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Human Rights of Indigenous Peoples by Aman Gupta Pdf

Author : Jamie Baxter
Publisher : UBC Press
Page : 226 pages
File Size : 45,9 Mb
Release : 2020-05-31
Category : Law
ISBN : 9780774863452

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Inalienable Properties by Jamie Baxter Pdf

Inalienable Properties explores contrasting approaches to property rights by four Indigenous communities to illustrate how inalienability – restrictions on the ability to buy and sell land – is linked to community leadership and decision-making structures that have long-lasting consequences for communities. Drawing on new research about institutional change in organizational settings, Jamie Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. He also challenges the view that liberalized land markets are the inevitable result of legal and economic change.

Author : Rajkumari Chandra Kalindi Roy
Publisher : IWGIA
Page : 236 pages
File Size : 42,9 Mb
Release : 2000
Category : Law
ISBN : 8790730291

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Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh by Rajkumari Chandra Kalindi Roy Pdf

Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.

Author : Alan C. Tidwell,Barry Scott Zellen
Publisher : Routledge
Page : 250 pages
File Size : 48,6 Mb
Release : 2015-10-05
Category : Law
ISBN : 9781317537540

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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.