Download or read book The Inherent Rights of Indigenous Peoples in International Law written by Antonietta Di Blase and published by Roma TrE-Press. This book was released on 2020-02-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0

Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by . This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Indigenous Peoples and International Trade written by John Borrows and published by Cambridge University Press. This book was released on 2020-06-18 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

Download or read book Seeking Justice in International Law written by Mauro Barelli and published by Routledge. This book was released on 2016-04-14 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.

Download or read book Realizing the UN Declaration on the Rights of Indigenous Peoples written by Jackie Hartley and published by UBC Press. This book was released on 2010-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.

Download or read book Indigenous Peoples Customary Law and Human Rights Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Download or read book Cultural Heritage in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2014-03-13 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.

Download or read book Pioneer on Indigenous Rights written by Rodolfo Stavenhagen and published by Springer Science & Business Media. This book was released on 2012-12-14 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the occasion of the 80th birthday of Rodolfo Stavenhagen, a distinguished Mexican sociologist and professor emeritus of El Colegio de Mexico, Úrsula Oswald Spring (UNAM/CRIM, Mexico) introduces him as a Pioneer on Indigenous Rights due to his research on human rights issues, especially when he served as United Nations Special Rapporteur on the rights of indigenous peoples. First, in a retrospective Stavenhagen reviews his scientific and political work for the rights of indigenous peoples. Seven of his classic texts address Seven Fallacies about Latin America (1965); Decolonializing Applied Social Sciences (1971); Ethnodevelopment: A Neglected Dimension in Development Thinking (1986); Human Rights and Wrongs: A Place for Anthropologists? (1998); Indigenous Peoples and the State in Latin America: An Ongoing Debate (2000); Building Intercultural Citizenship through Education: A Human Rights Approach (2006); and Making the Declaration Work (2006). This volume discusses the emergence of indigenous peoples as new social and political actors at the national level in numerous countries, as well as on the international scene. This book introduces a trilogy of Briefs on Rodolfo Stavenhagen published in the same series Pioneers in Science and Practice.

Download or read book The International Covenant on Economic Social and Cultural Rights written by Ben Saul and published by Oxford University Press. This book was released on 2014-03 with total page 1358 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.

Download or read book The Quest for Justice written by Menno Boldt and published by University of Toronto Press. This book was released on 1985-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.

Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

Download or read book Our Elders Understand Our Rights written by Sharon Helen Venne and published by Penticton, B.C. : Theytus Books. This book was released on 1998 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Books.

Download or read book Indigenous Rights in the Age of the UN Declaration written by Elvira Pulitano and published by Cambridge University Press. This book was released on 2012-05-24 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elvira Pulitano examines the relevance of international law in advancing indigenous peoples' struggles for self-determination and cultural flourishing.

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Download or read book Braiding Legal Orders written by John Borrows and published by McGill-Queen's Press - MQUP. This book was released on 2023-08-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.

Download or read book The UN Declaration on the Rights of Indigenous Peoples written by Jessie Hohmann and published by Oxford University Press. This book was released on 2018-03-23 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Download or read book Indigenous Data Sovereignty written by Tahu Kukutai and published by ANU Press. This book was released on 2016-11-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines