Download or read book Negotiating International Indigenous Rights written by Jens Brøsted and published by . This book was released on 1989 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Negotiations in the Indigenous World written by Ciaran O'Faircheallaigh and published by Routledge. This book was released on 2015-09-16 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiated agreements play a critical role in setting the conditions under which resource development occurs on Indigenous land. Our understanding of what determines the outcomes of negotiations between Indigenous peoples and commercial interests is very limited. With over two decades experience with Indigenous organisations and communities, Ciaran O’Faircheallaigh's book offers the first systematic analysis of agreement outcomes and the factors that shape them, based on evaluative criteria developed especially for this study; on an analysis of 45 negotiations between Aboriginal peoples and mining companies across all of Australia’s major resource-producing regions; and on detailed case studies of four negotiations in Australia and Canada.

Download or read book Effective Negotiation by Indigenous Peoples written by Russel Lawrence Barsh and published by . This book was released on 1997 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Negotiating Autonomy written by Kelly Bauer and published by University of Pittsburgh Press. This book was released on 2021-03-30 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1980s and ‘90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples’ rights. In Negotiating Autonomy, Kelly Bauer explores the inconsistencies by which the Chilean government transfers land in response to Mapuche territorial demands. Interviews with community and government leaders, statistical analysis of an original dataset of Mapuche mobilization and land transfers, and analysis of policy documents reveals that many assumptions about post-dictatorship Chilean politics as technocratic and depoliticized do not apply to indigenous policy. Rather, state officials often work to preserve the hegemony of political and economic elites in the region, effectively protecting existing market interests over efforts to extend the neoliberal project to the governance of Mapuche territorial demands. In addition to complicating understandings of Chilean governance, these hidden patterns of policy implementation reveal the numerous ways these governance strategies threaten the recognition of Indigenous rights and create limited space for communities to negotiate autonomy.

Download or read book Negotiating Claims written by Christa Scholtz and published by Routledge. This book was released on 2013-10-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do governments choose to negotiate indigenous land claims rather than resolve claims through some other means? In this book Scholtz explores why a government would choose to implement a negotiation policy, where it commits itself to a long-run strategy of negotiation over a number of claims and over a significant course of time. Through an examination strongly grounded in archival research of post-World War Two government decision-making in four established democracies - Australia, Canada, New Zealand, and the United States - Scholtz argues that negotiation policies emerge when indigenous people mobilize politically prior to significant judicial determinations on land rights, and not after judicial change alone. Negotiating Claims links collective action and judicial change to explain the emergence of new policy institutions.

Download or read book Growing Teeth written by Stefan Matiation and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interest that governments, indigenous groups and multinational corporations share in property and natural resources has often had devastating impacts on indigenous communities in North and South America. These communities have experienced dispossession dating back to the time the two continents were first colonized by Europeans. But in Canada domestic law respecting aboriginal rights places many aboriginal communities in a better position to ensure that a convergence of interest in property and natural resources works more in their favour than it has in the past. This law creates some incentives and establishes some structure for the negotiation of agreements that allow aboriginal groups to benefit from natural resource development projects on their traditional lands. Although negotiated arrangements are not a perfect approach to the resolution of conflicts arising from the use of traditional lands and resources, and are not even realistic or available options for all indigenous communities, they nevertheless bear review. It is informative to consider whether negotiated agreements can be used by indigenous groups living in the countries of Latin America. Indeed, various kinds of agreements are already sometimes negotiated between natural resource companies and governments in these countries that are supportive of local community interests. More often than not, however, indigenous concerns are not adequately addressed, or ignored altogether. A sound legal regime can place indigenous groups themselves in a position to engage in negotiations in their own right so that they can try to ensure that any agreements reached are fair and responsive to their interests. An important question to ask is: does the success of negotiations depend on the leverage that aboriginal groups have under Canadian law? Certainly, the capacity of indigenous groups in Latin America to "force" companies to negotiate with them about economic benefits will depend to a large extent on the applicable domestic law of the countries in which they live. A review of such law is well beyond the scope of this paper. However, emerging international legal principles respecting the rights of indigenous peoples may also be a useful source for arguments justifying the application of tools in Latin America that link natural resource development to economic benefits for affected indigenous peoples. Further, these emerging principles may assist governments in their efforts to understand and to fulfil legal obligations they may have towards indigenous peoples under their domestic legal systems. This paper begins with an outline of how and why negotiations are used in Canada to address issues respecting the utilization of the traditional lands and resources of aboriginal groups. Developments in the international law that is applicable in the regional Inter-American system respecting indigenous communal property are then examined to determine whether there is a rationale reinforced by international law for negotiated agreements. Negotiated agreements, when reinforced by legal principles defining and upholding the rights of indigenous peoples, can be a useful tool in efforts to resolve conflicts that arise in relation to natural resource extraction projects on traditional lands, and in efforts to promote sustainable development.

Download or read book Negotiating Rights written by Kathryn Alexandra Tomlinson and published by . This book was released on 2005 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Effective Negotiation by Indigenous Peoples written by Russel Lawrence; Bastien Barsh (Krisma) and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Law and Indigenous Peoples written by Joshua Castellino and published by BRILL. This book was released on 2005-03-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights those instances in the work of international organizations where advances have been made concerning indigenous rights. It also devotes attention to the Permanent Forum on Indigenous Issues, to the Committee on the Elimination of Racial Discrimination, and to a number of thematic issues in the field. The human rights situations facing indigenous peoples in Australia, Bangladesh, Canada, India, Kenya, Mexico, Nicaragua, Nigeria and South Africa are dealt with in separate chapters.

Download or read book The UN Declaration on the Rights of Indigenous Peoples written by Andrew Erueti and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers a distinctive approach to the key international instrument on indigenous rights, the United Nations Declaration on the Rights of Indigenous Peoples (Declaration) based on a new account of the political history of the international indigenous movement as it intersected with the Declaration's negotiation. The current orthodoxy is to read the Declaration as containing human rights adapted to the indigenous situation. However, this reading does not do full justice to the complexity and diversity of indigenous peoples' participation in the Declaration negotiations. Instead, I argue that the Declaration should be subject to a novel, mixed-model reading that views the Declaration as embodying two distinct normative strands that serve different types of indigenous peoples. Not only is this model supported by the Declaration's political history and legal argument, it provides a new and compelling theory of the bases of international indigenous rights while clarifying the vexed question of who qualifies as indigenous for the purposes of international law"--

Download or read book International Indigenous Peoples Dialogue with States on the United Nations Framework Convention on Climate Change Negotiations written by International Work Group for Indigenous Affairs and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Therapeutic Nations written by Dian Million and published by University of Arizona Press. This book was released on 2013-09-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-determination is on the agenda of Indigenous peoples all over the world. This analysis by an Indigenous feminist scholar challenges the United Nations–based human rights agendas and colonial theory that until now have shaped Indigenous models of self-determination. Gender inequality and gender violence, Dian Million argues, are critically important elements in the process of self-determination. Million contends that nation-state relations are influenced by a theory of trauma ascendant with the rise of neoliberalism. Such use of trauma theory regarding human rights corresponds to a therapeutic narrative by Western governments negotiating with Indigenous nations as they seek self-determination. Focusing on Canada and drawing comparisons with the United States and Australia, Million brings a genealogical understanding of trauma against a historical filter. Illustrating how Indigenous people are positioned differently in Canada, Australia, and the United States in their articulation of trauma, the author particularly addresses the violence against women as a language within a greater politic. The book introduces an Indigenous feminist critique of this violence against the medicalized framework of addressing trauma and looks to the larger goals of decolonization. Noting the influence of humanitarian psychiatry, Million goes on to confront the implications of simply dismissing Indigenous healing and storytelling traditions. Therapeutic Nations is the first book to demonstrate affect and trauma’s wide-ranging historical origins in an Indigenous setting, offering insights into community healing programs. The author’s theoretical sophistication and original research make the book relevant across a range of disciplines as it challenges key concepts of American Indian and Indigenous studies.

Download or read book Indigenous Peoples Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2007-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.

Download or read book Making the Declaration Work written by Claire Charters and published by International Work Group for Indigenous Affairs. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.

Download or read book Indigenous Peoples Proposals for Amendment to Current Draft ADP Negotiation TEXTX UNFCCC COP21 Paris written by International Indigenous Peoples' Forum on Climate Change and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Indigenous Peoples and the State written by Mark Hickford and published by Taylor & Francis. This book was released on 2018-07-04 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Indigenous Peoples Participation in Global Environmental Negotiations written by and published by . This book was released on 1997 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: