Rights To Land

Author : Jérémie Gilbert
Publisher : BRILL
Page : 349 pages
File Size : 49,6 Mb
Release : 2016-07-08
Category : Law
ISBN : 9789004323254

Get Book

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 : Joan G. Fairweather
Publisher : University of Calgary Press
Page : 286 pages
File Size : 47,8 Mb
Release : 2006
Category : History
ISBN : 9781552381922

Get Book

A Common Hunger by Joan G. Fairweather Pdf

The impact of colonial dispossession and the subsequent social and political ramifications places a unique burden on governments having to establish equitable means of addressing previous injustices. This book considers the efforts by both Canada and South Africa to reconcile the damage left by colonial expansion, in part, looking back with a critical eye, but also pointing the way towards a solution that will satisfy the common need for human dignity

Author : Mariana Monteiro de Matos
Publisher : BRILL
Page : 358 pages
File Size : 50,7 Mb
Release : 2020-10-12
Category : Law
ISBN : 9789004411272

Get Book

Indigenous Land Rights in the Inter-American System by Mariana Monteiro de Matos Pdf

Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.

Author : Gregory K. Ingram,Yu-hung Hong
Publisher : Lincoln Inst of Land Policy
Page : 483 pages
File Size : 45,9 Mb
Release : 2009
Category : Law
ISBN : 1558441883

Get Book

Property Rights and Land Policies by Gregory K. Ingram,Yu-hung Hong Pdf

Author : Rosa Congost,Jorge Gelman,Rui Santos
Publisher : Taylor & Francis
Page : 222 pages
File Size : 52,8 Mb
Release : 2016-10-04
Category : Business & Economics
ISBN : 9781315439952

Get Book

Property Rights in Land by Rosa Congost,Jorge Gelman,Rui Santos Pdf

Property Rights in Land widens our understanding of property rights by looking through the lenses of social history and sociology, discussing mainstream theory of new institutional economics and the derived grand narrative of economic development. As neo-institutional development theory has become a narrative in global history and political economy, the problem of promoting global development has arisen from creating the conditions for ‘good’ institutions to take root in the global economy and in developing societies. Written by a collection of expert authors, the chapters delve into social processes through which property relations became institutionalized and were used in social action for the appropriation of resources and rent. This was in order to gain a better understanding of the social processes intervening between the institutionalized ‘rules of the game’ and their economic and social outcomes. This collection of essays is of great interest to those who study economic history, historical sociology and economic sociology, as well as Agrarian and rural history.

Author : Camilla Toulmin
Publisher : IIED
Page : 5 pages
File Size : 52,5 Mb
Release : 2000
Category : Land reform
ISBN : 9781899825516

Get Book

Evolving Land Rights, Policy and Tenure in Africa by Camilla Toulmin Pdf

Author : Michael Albertus
Publisher : Cambridge University Press
Page : 417 pages
File Size : 49,9 Mb
Release : 2021-01-07
Category : Business & Economics
ISBN : 9781108835237

Get Book

Property Without Rights by Michael Albertus Pdf

A new understanding of the causes and consequences of incomplete property rights in countries across the world.

Author : Tom Flanagan,Christopher Alcantara,André Le Dressay
Publisher : McGill-Queen's Press - MQUP
Page : 317 pages
File Size : 52,8 Mb
Release : 2010-02-08
Category : Social Science
ISBN : 9780773581845

Get Book

Beyond the Indian Act by Tom Flanagan,Christopher Alcantara,André Le Dressay Pdf

The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.

Author : Libby Porter,Janice Barry
Publisher : Routledge
Page : 240 pages
File Size : 41,5 Mb
Release : 2016-06-10
Category : Political Science
ISBN : 9781317080169

Get Book

Planning for Coexistence? by Libby Porter,Janice Barry Pdf

Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.

Author : Morad Elsana
Publisher : Routledge
Page : 152 pages
File Size : 53,9 Mb
Release : 2020-11-29
Category : Law
ISBN : 9780429593925

Get Book

Indigenous Land Rights in Israel by Morad Elsana Pdf

Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.

Author : Anonim
Publisher : Unknown
Page : 52 pages
File Size : 51,5 Mb
Release : 2008
Category : Land reform
ISBN : STANFORD:36105133326814

Get Book

Secure Land Rights for All by Anonim Pdf

Author : Daniel Rück
Publisher : UBC Press
Page : 336 pages
File Size : 52,9 Mb
Release : 2021-09-15
Category : Law
ISBN : 9780774867467

Get Book

The Laws and the Land by Daniel Rück Pdf

As the settler state of Canada expanded into Indigenous lands, two traditions clashed in a bruising series of asymmetrical encounters over land use and ownership. One site of conflict was Kahnawà:ke. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. This meticulously researched book is connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.

Author : Albert Kwokwo Barume,IWGIA,International Work Group for Indigenous Affairs
Publisher : Unknown
Page : 390 pages
File Size : 50,8 Mb
Release : 2014
Category : Indigenous peoples
ISBN : 8792786405

Get Book

Land Rights of Indigenous Peoples in Africa by Albert Kwokwo Barume,IWGIA,International Work Group for Indigenous Affairs Pdf

Author : Derick Fay,Deborah James
Publisher : Routledge
Page : 516 pages
File Size : 41,8 Mb
Release : 2008-08-18
Category : Law
ISBN : 9781134044207

Get Book

The Rights and Wrongs of Land Restitution by Derick Fay,Deborah James Pdf

The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.

Author : Lata Marina Varghese
Publisher : Unknown
Page : 0 pages
File Size : 43,6 Mb
Release : 2015
Category : Indic literature (English)
ISBN : 1443870099

Get Book

A Land of One's Own by Lata Marina Varghese Pdf

This book presents an informative examination of how the issue of womenâ (TM)s land rights has been dealt with both in Indian literature, particularly Indian English fiction, and in Indian society. The human rights of women are a revolutionary notion that has opened the way for the definition, analysis, and articulation of womenâ (TM)s experiences of widespread violence, degradation, discrimination, and marginality. Globally, womenâ (TM)s land rights are becoming an area of increasing urgency and concern as discrimination against women over land, property and inheritance rights continues to keep them in a subordinate position even today. Land empowers, and equality in land rights is an indicator of womenâ (TM)s economic empowerment and at the same time helps in poverty reduction. Many Indian writers, especially Indian English women novelists, have dealt with issues of land, dispossession, hunger and poverty in rural India in particular, but none have explicitly referred to womenâ (TM)s land rights. For men, land is an essential element of their identity as â ~providerâ (TM), but for women it is a demand for recognition as a human being. However, women in India are rarely landowners, and in most Indian families women do not own any property in their own names. They are usually refused a share in the paternal property, although, according to the Indian Succession Act, 1925, everyone is entitled to equal inheritance. Unfortunately in India, law and society conspire to deny women their right to land ownership, although there have been several legal amendments to redress this gender inequality. This book deals with the gap that lies between womenâ (TM)s land rights in India and the actual ownership of land.